Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Windyweek, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Windyweek.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Windyweek of any unauthorized uses of your account or any other breaches of security. Windyweek will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Payment and Renewal.
- General Terms.
By selecting a Windyweek Premium account, you agree to pay Windyweek the monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for Premium account and will cover the use of that service for a monthly or annual subscription period as indicated.
- Refund Policy.
All payments to Windyweek are non-refundable.
- Subscription expiration.
If your subscription period is over and you don't renew it, all Premium account features will be suspended. You can still use Windyweek.com and its services as a free account user. If you have created private spots during the subscription period and you don't renew your subscription, you won't be able to access those spots until another renewal is done. If you don't renew your Windyweek Premium account within thirty (30) days, Windyweek reserves the right to delete all of your private spots.
- Occasional Windyweek Updates. In case you registered an account at Windyweek.com or at any of its websites or services, Windyweek reserves the right to send you updates (such as when new functionality releases), newsletters, marketing materials and other information that may be of interest to you. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).
- Intellectual Property. This Agreement does not transfer from Windyweek to you any Windyweek or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Windyweek. Windyweek, Windyweek.com, the Windyweek.com logo, and all other trademarks, service marks, graphics and logos used in connection with Windyweek.com, or the Website are trademarks or registered trademarks of Windyweek or Windyweek licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Windyweek or third-party trademarks.
- Advertisements. Windyweek reserves the right to display advertisements on the Website unless you have purchased Premium account.
- Changes. Windyweek reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Windyweek may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Windyweek may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Windyweek.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium account, such account can only be terminated by Windyweek if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Windyweek notice to you thereof; provided that, Windyweek can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Windyweek and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Windyweek nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. The user alone bears the risks that may derive from usage of the content including the weather, wave or swell forecasts, or sea and lake temperature information provided.
- Limitation of Liability. In no event will Windyweek, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Windyweek under this agreement during the twelve (12) month period prior to the cause of action. Windyweek shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Windyweek, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Windyweek and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Windyweek, or by the posting by Windyweek of a revised version.