RainwiseNet Terms & Conditions


Terms Of Use

Effective February 12, 2021

Welcome to the Terms and Conditions of Use Agreement (the “Agreement”) for RainWise .net .

RainWise, Inc. sells and distributes consumer electronics products (“the product”), including weather stations and related accessories. RainWise also purchases private labeled weather stations and related accessories bearing one or more of the RainWise Trademarks and Service Marks.

RainWise.net, a) product affiliated to RainWise , Inc. b) the services available on the Site and/or delivered through the site (the ‘Site Services’), (c) certain software that may be downloaded to your computer (the ‘computer software’), and (d) certain software that may be downloaded to your mobile device (the ‘Mobile Software’).

As used herein, the term 'Software' means the Computer Software and Mobile Software; the term 'Services' means the Site, Site Services, Computer Software and Mobile Software. The terms 'you' or 'user' refer to all individuals and entities that access and/or use the Services. These Terms of Use govern your access to and use of the Services.

By accessing or using this Site, you intend to and expressly agree to be bound by all the terms and conditions (“Terms and Conditions”) of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. RainWise.net may amend this Agreement at any time by posting the amended terms on the Site.

Please read the following Terms and Conditions carefully because they will apply to your access to and use of the Service, and you agree that the Terms and Conditions constitute a legally binding agreement between you and RainWise.net. If you do not accept these Terms and Conditions, you will not be able to use the Service. If you do not agree to these site services, please cancel this transaction and do not use this Site.

If you download a software application which permits access to or use of the Service, your use of such application will also be subject to any End User License Agreement applicable thereto. Please note that you may not use the Service if you are a person barred from using the Service under the laws of the United States or of your jurisdiction.

1. Service Terms of Use



1.1 These Terms of Use and the applicable Privacy Policy (the 'Privacy Policy'), which is hereby fully incorporated and constitutes, with the Terms of Use, one and single document, govern your access and use of the Services. Please read them carefully.

1.2 By your affirmative actions of registering on the Site, of accessing and/or using all or part of the Services, you acknowledge that you have read, understood, and agree to be bound by the provisions of these Terms of Use and Privacy Policy. If you do not agree with all or part of these Terms of Use or Privacy Policy, do not register, access, browse or use all or part of the Services.



1.3 We may change these Terms of Use at any time without prior notice. You may read the up to date and effective version of these Terms of Use at any time on the Site. The revised Terms of Use will become effective upon posting on the Site. Any use of the Services after such posting shall constitute your acceptance of any such changes. If you disagree with the Terms and Conditions (as amended from time to time) or are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service.

2. Introduction to Service

Subject to your compliance with these Terms and Conditions, the Company grants you a personal, limited, non-exclusive license to use the Service for non-commercial purposes. Your permission to access or use the Service immediately terminates in the event you breach any of these Terms and Conditions. You acknowledge that the Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you. You agree that these Terms and Conditions and any rights or obligations arising under these Terms may not be assigned by you, although we may make assignments without restriction.



In order to use the Service, you must purchase or have a compatible weather station, display, or IP-100 gateway Module, and sensors, each distributed by the Company and compatible with the Service (the “Equipment”),. You may place the relevant Equipment in locations where you would like to monitor certain indoor and outdoor environmental characteristics.



You must register Equipment on RainWise.net in order to access remote data transmissions from such Equipment.



You may also request to receive informational alerts or other messages which may be requested, sent or received through the Service (collectively, “Alerts”) from the Service via text, e-mail or push notification. You may add or cancel Alerts at any time. Examples of Alerts include too high or low temperature, too high or low humidity, etc. These Alerts are provided as a convenience to users only. You are solely responsible for any costs charged by your wireless carrier or other service providers in connection with Alerts.



3. Use of Site and Services

3.1 The Services are for use by users who are at least 18 years old. Users under the age of 18 are not permitted to use the Services without the consent of a parent or legal guardian. By registering, accessing or using the Services, you represent that the information provided about yourself, including your age or the consent of a parent or legal guardian, is accurate and complete.

3.2 The Services contain different types of information and material, including but not limited to software, text, graphics, communications, measures, tests, results, messages, notes, websites links, music, images, designs, sounds, reports, charts and data files, and any other content, either owned by or licensed to RainWise.net by any third party, including other users of the Services, to the exclusion of your User Generated Content as defined hereinafter (collectively referred to as the 'Content').



3.3 The Services and Content are protected by United States intellectual property laws and any other intellectual property law that may apply. You acknowledge and agree that RainWise.net (or its licensors) own all legal rights, title and interest in and to the Services and Content, including any intellectual property rights which subsist in the Services and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by RainWise.net and that you shall not disclose such information without RainWise.net ’ prior written consent.

3.4 RainWise.net gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Content provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product(s) you registered on the Site and, as long as you have the right to be registered, to access or to use the Services, in the manner permitted by these Terms of Use. You shall not, and you shall not permit anyone else to, copy, reproduce, modify, translate, broadcast, perform, display, distribute, transmit, frame, republish, download, display, perform, post, transmit, sell, make a commercial use, create a derivative work, reverse engineer, decompile or otherwise attempt to extract any code from the Services and Content unless RainWise.net has expressly agreed to it in writing. You agree not to use any data mining, robots, scraping or similar data gathering methods.

3.5 No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

3.6 You agree not to: (a) take any action that imposes an unreasonable load on the Services' infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (d) delete or alter any material posted on the Site by RainWise.net or any other person or entity, and/or (e) frame or link to any of the materials or information available on the Services.

3.7 Certain elements of the Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 3.4 of these Terms of Use. None of the Content for the Services may be retransmitted without the express written consent from RainWise.net for each and every instance.

3.8 If you believe in good faith that materials on the Services provided by RainWise.net infringe your copyright or author's rights, you (or your agent), may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the Services should be sent to RainWise at:

18 River Field Rd,

Trenton, ME 04605

(800) 762-5723 or (207) 288-5169

Email: support@rainwise.com


3.9 The permission granted to you shall terminate automatically if you breach any of these terms and conditions. RainWise.net reserves the right to modify or remove any materials or products listed on the Site at any time without notice.

4. Prohibited Use of Site

You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of RainWise.net . You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by RainWise.net to be in conflict with the spirit or intent of this Agreement.

5. Equipment

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use of this Site including, without limitation, telecommunications, Internet access connections, Web browsers, or other equipment, programs, and services required to access and use the Site.

6. Limitations

6.1 Security

You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of any password that may be provided to you and all use of the Site with your password. You agree to be responsible for any purchases or charges incurred from the Site. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. RainWise.net reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6.2 Accessibility

You agree that from time to time this Site may be inaccessible or inoperable for any reason including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that RainWise.net may undertake from time to time; or (iii) causes beyond the control of RainWise.net or that are not reasonably foreseeable.

7. Intellectual Property

7.1 Trademarks

The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by RainWise. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of RainWise.net . All other brand names not owned by RainWise.net on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any metatags or any other “hidden text” utilizing RainWise’s Trademarks without the express written consent of RainWise. Any unauthorized use terminates the permission or license granted by RainWise.

The Company name, the Company logo, all of the Company’s trademarks, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provides trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Service. All rights are reserved.

7.2 Copyrighted Marks, Restrictions and Use of Content

The trademarks, service marks, logos, domain names and other distinctive brand features of RainWise (the 'RainWise Trademarks') used and displayed on those Services are registered and unregistered trademarks or service marks of RainWise. Other products and services names available through the Services may be trademarks or service marks owned by third-parties (the 'Third-Party Trademarks', and, collectively with RainWise Trademarks, the 'Trademarks'). Apart from the licenses and rights hereby expressly granted as part of these Terms of Use, nothing in the Services, Content or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Services, without the prior written consent of RainWise. The Trademarks may not be used to disparage or harm in any manner RainWise or the applicable third-party, RainWise's or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without RainWise's prior written consent. All goodwill generated from the use of any RainWise Trademark shall inure to RainWise's benefit.



Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under applicable law.

8. Product Descriptions

RainWise.net attempts to be as accurate as possible. However, RainWise.net does not warrant that the product descriptions, advertisements, or other content of this Site is accurate, complete, reliable, current, or error-free. Although RainWise.net has made every effort to display and describe the likeness of each product as accurately as possible, it is possible that the displayed likeness of the products or services will depend upon the available graphic image as well as the quality of your monitor. RainWise.net cannot guarantee that the Site or your monitor will accurately portray the actual likeness of the products.



If a product or service offered on this Site is not as described, your sole remedy is to return it in unused condition to RainWise.net . Products displayed on this Site may not be available or discontinued, and products displayed on this Site are subject to change without notice.

9. User Generated Content

9.1 The User Generated Content (the 'UGC') is all types of information and material, including but not limited to software, text graphics, communications, measures, tests, results, drawings, profiles, messages, notes, website links, music, videos files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, including the Feedbacks and Submissions as defined hereinafter, that you publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Services or the use of your Product. This includes all data transmitted by your RainWise Product.

9.2 By publishing, displaying, uploading, disclosing, transmitting, storing, sharing, "posting," or otherwise making available your UGC on or through the Services, you hereby grant to RainWise.net a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to copy, reproduce, modify, translate, broadcast, perform, display distribute, transmit, frame, republish, download, display, perform, post, sell, make a commercial use and commercially exploit, create derivative works, reverse engineer, decompile, extract any code on any of your UGC, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You hereby waive any rights of publicity and privacy with respect to the UGC and any other legal or moral rights that might preclude RainWise.net ’ use of the UGC or require your permission for RainWise.net to use the UGC. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against RainWise.net or its sublicensees relating to RainWise.net ', its sublicensees' use of the UGC, and you hereby release RainWise.net and its sublicensees from any such claims.

9.3 You represent that your UGC : (i) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) will not violate any law, statute, ordinance or regulation; (iii) will not be obscene or contain child pornography; (iv) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (v) will not violate any third party's rights of publicity or privacy; and (vi) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your UGC.

10. Advertising, Linking and Framing

The Site and Software may contain information about, links to and/or advertisements for web sites operated by other parties (the 'Third Party Sites'). In addition, emails sent to users of the Services may contain information about, links to and/or advertisements for Third Party Sites. The information provided about, links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites and/or for any transactions you may choose to conduct with the operators of any Third Party Sites. RainWise.net suggests that you carefully read the terms of use and privacy policy (if any) applicable to the Third Party Sites. You recognize and agree that RainWise.net is not responsible for the content of linked Third Party Sites, sites framed within the Site or third party advertisements on the Site and/or in emails sent from this Site, and RainWise.net does not make any representations regarding their content or accuracy. Your use of Third Party Sites is at your own risks and subject to the terms and conditions of use of such sites.



This Site may provide links to other Web sites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by RainWise.net with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that RainWise.net is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. RAINWISE.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-RainWise.net site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to this Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with RainWise.net . RainWise.net may not even be aware that a third party has linked to this Site.

11. Third Party Content

Any other content not owned by RainWise.net is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by RainWise.net with respect to the provider of such content. You further acknowledge and agree that RainWise.net is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any content provided by third parties including, without limitation, your reliance thereon. RAINWISE.NET MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT.

12. Compliance

The owner of the Service is based in the State of Arizona, USA. The Company makes no representation that materials available on or through the Service are appropriate or available for use in other locations. If you access the Service from other locations, you are responsible for complying with local laws.



13. Unsolicited Feedback and Ideas



13.1 RainWise.net appreciates your interest in our products and our company and understands that you may have comments and suggestions. However, RainWise.net does not want you to, and you should not, send any confidential or proprietary information to RainWise.net through its Services, or through any other means. Please note that you have no confidentiality agreement with RainWise.net and any unsolicited information or material sent to RainWise.net will not be regarded by RainWise.net as confidential or proprietary information. You may wish to consult with an attorney before making any unsolicited submission to RainWise.net so that you can understand what will be consequences of making an unsolicited public submission to RainWise.net . If, however, you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, the 'Feedback'), please be aware that regardless of what your letter and/or any other accompanying documentation may say, you are agreeing that the following terms shall apply to your Feedback: (1) RainWise.net , and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you; (2) there is no obligation for RainWise.net to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.

13.2 Upon submitting Feedback you (1) warrant that you are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and you shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights and (2) understand our feedback policy as set forth in this Section and accept this policy without reservation.

14. Disclaimer of Content and Warranties

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RAINWISE.NET , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. RAINWISE.NET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS SITE, OR ANY THIRD-PARTY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THIRD-PARTY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR THIRD-PARTY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT, THIRD-PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR THIRD-PARTY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. RAINWISE.NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RAINWISE.NET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE SERVICE AND ALL CONTENT HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.



ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALL ALERTS ARE PROVIDED “AS IS.” ALERTS ARE SOLELY PROVIDED AS A CONVENIENCE TO YOU. WE DO NOT GUARANTEE THE ACCURACY OF ALERTS. DO NOT RELY ON ALERTS TO INFORM YOU OF ANY CONDITION. WE ARE NOT LIABLE FOR ANY ALERT SENT OR THE FAILURE OF AN ALERT TO BE SENT TO YOU. WE ARE NOT LIABLE FOR ANY ACTION OR INACTION YOU TAKE AS A RESULT OF AN ALERT BEING SENT OR NOT SENT. SOME JURISDICTIONS LIMIT OR DISALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.



IF YOUR USE OF THE SERVICES OR THE CONTENT CAUSES THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO RAINWISE.NET PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED. THE RAINWISE.NET PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.



THE CONTENT ON THE SERVICES IS PRESENTED IN A SUMMARY FASHION, AND IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE DATA, MEASUREMENTS AS WELL AS ANY OTHER KIND OF CONTENT PROVIDED THROUGH THE SERVICES ARE SUPPLIED WITHOUT ANY WARRANTY OF ACCURACY AND SHOULD NOT BE USED AS A SOURCE TO MAKE ANY DECISION.

15. Limitation of Liability



15.1 IN NO EVENT SHALL ANY RAINWISE.NET PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY RAINWISE.NET PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RAINWISE.NET PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS. THE AGGREGATE LIABILITY OF THE RAINWISE.NET PARTY, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.



15.2 THIS SITE IS CONTROLLED AND OFFERED BY RAINWISE.NET . RAINWISE.NET MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF NORTH AMERICA. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

16. Release

In the event that you have a dispute with a third party that involves this Site, you agree to release RainWise.net and its members, governors, directors, officers, employees and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

17. Indemnification of RainWise.net

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party providers, licensors, contractors and others involved in the Service (collectively, the “Indemnified Parties”), from any breach of these Terms and Conditions by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees or other legal expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from or through the Service.



18. Termination of Services



18.1 These Terms of Use will continue to apply until terminated by either you or RainWise.net as set out below. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated.

18.2 If you want to terminate your legal agreement with RainWise.net , you may do so by (a) notifying RainWise.net at any time and (b) closing your accounts for the Services which you use.

18.3 RainWise.net may, at any time, terminate its legal agreement with you if:



a) you have breached any provision of these Terms of Use (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms of Use); or



b) RainWise.net is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or



c) the relationship between RainWise.net and partner with whom RainWise.net offered the Services to you has been terminated or the partner has decided not to offer the Services anymore; or



d) RainWise.net is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services, for example in case the Services, in RainWise.net ’ sole opinion, is no longer commercially viable.



e) Without prejudice to the above, RainWise.net reserves the right, in its sole discretion, to restrict, suspend, or terminate parts of the Services or their Content at any time and for any reason without prior notice or liability. RainWise.net reserves the right to change, suspend, or discontinue all or any part of the Services or their Content at any time without prior notice or liability.



f) You understand and agree that some of your UGC, such as that displayed outside your profile, in any part of the Site, or on any social platforms, may continue to appear on the Site or on other social platforms even after your UGC is removed from the Site or your account is terminated.



g) Sections 2 (Service Terms of Use), 14 (Disclaimer of Content and Warranties), 15 (Limitation of Liability), 17 (Indemnification of RainWise.net ), 18 (Termination of Services), and 19 (Miscellaneous) shall survive the termination of this Terms of Use.

19. Miscellaneous

These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Arizona, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use Service or your use of the Service shall be in the state or federal courts located in Walworth County, Arizona. You agree to submit to the jurisdiction of such courts.



These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Service. To the maximum extent permitted by law, any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred.



If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use Service shall remain in full force and effect.



The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms and Conditions.



You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms and Conditions or use of the Service.



A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.



19.1 Amendment

RainWise.net shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.

19.2 Waiver

No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

19.3 Severability

If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

19.4 Notice

All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile or e-mail address. User hereby consents to notice by e-mail.

19.5 Law

This Agreement is made in and shall be governed by the laws of the State of Arizona without reference to its conflict of laws provisions.

The Services are hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Content or Services from outside of the United States, you do so at your own risk. Whether inside or outside of The United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.



The United States controls the export of certain products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You shall be liable for compliance with the laws regarding the import, export, or re-export of the Content.

19.6 Forum

All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Arizona. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each party by the federal and/or state courts in the State of Arizona. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Arizona and to the venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Arizona.

19.7 Process

The parties irrevocably submit and consent, and irrevocably waive any and all objections that any party may now or hereafter have, to process being served in any such suit, action, or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Arizona.

19.8 Headings

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

19.9 Survival

The terms and provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, and 13, 15, 16, 17 and 18 shall survive any termination or expiration of this Agreement.

19.10 Entire Agreement

This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.

Privacy Policy

Effective: November 1, 2016



Your privacy is very important to us at RainWise.net ('RainWise.net ', 'we', 'us' or 'our'). Accordingly, we have developed this Privacy Policy to explain our policy with respect to data identifying or allowing to identify, directly or indirectly, a person using one or several specific elements ('Personal Data') and other information and measurements (the 'Measurements'). Personal Data and Measurements are either generated or collected by RainWise.net or given by you when using any of the RainWise.net products (the 'Product'), our website located at www.RainWise.net .net and more generally all URL and websites administered by RainWise.net or within the RainWise.net .net domain (the 'Site') and its services (the 'Site Services'), and our software (the 'Software', the 'Computer Software' and 'Mobile Software'). As used herein, the term 'Services' means the Site, Site Services, Computer Software and Mobile Software.



Any passwords used for the Service are for individual use only. You will be responsible for the security of your password.



You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.



The Company reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing the Company to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.



1. Protection of Personal Data According to Law

RainWise.net does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information on computers that are protected by physical as well as technological security devices.

2. Information We Collect

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

• Personal Data that you provide through registration to or usage of RainWise.net ' Services: We collect Personal Data when you register through the Site or the Mobile Software and create an account. This Personal Data includes email and RainWise.net account password. We also collect information when you set up RainWise.net ’ Product such as the set up location. We collect Personal Data and Measurements when you use RainWise.net ' Products and Services. We may also collect Personal Data or Measurement through automated means we use to monitor or work the Services, such as but not limited to information about your Product, its capabilities and applications, the way you use it, your activities on/with the Services, your IP address, your browser, etc.

• Personal Data That You Provide through other use of the Services: We also collect Personal Data when you access the RainWise.net Services and/or other parts of the Site and elect to provide Personal Data through the Site. For example, we collect Personal Data when you complete a survey, register for a promotion or special offer, send us an e-mail message, participate to an online forum or community or customize the Services.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data through the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of RainWise.net and the authorized third parties referred to herein located in the United States.

3. Other Information, Cookies

When you visit this Site, RainWise.net may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us maintain and improve this Site in many ways. A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. Please refer to your browser instructions to learn more about these functions.

4. Our Use of Your Personal Data and Other Information.



RainWise.net uses the Personal Data in a manner that is consistent with this Privacy Policy.

We use your Personal Data and Measurements for the purpose for which it was provided, including without limitation for the purposes described further below:

• Provision and Monitoring of the Services: We will use your Personal Data to provide you with access to and support your use of the Services and to monitor your use of the Services. As part of the Services, we may use your Personal Data to provide you with personalized analysis and advices. We will also give you the opportunity to store, review and edit Personal Data and other information on the Site.

• Surveys, Contests and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys, contest and other special offers. If you provide us with Personal Data in this respect, we will only use that Personal Data for that particular purpose.

• Questions and Requests: If you contact us by e-mail or otherwise, we will use the Personal Data you provide to answer your question or resolve your problem.

• Contacting You About Products, Services and Events: With registration to the RainWise.net Services you agree that from time-to-time RainWise.net may use your Personal Data to contact you in the future to tell you about products, services and events that may be of interest to you. Those communications will be provided with the possibility to Opt-out anytime on simple request.

• Research and Data Analysis: In an ongoing effort to better understand and serve the users of the Sites and Services, RainWise.net often conducts research on its customer demographics, interests and behavior, as well as research on measurements performed by the Product. Those researches are based on de-identified data, Measurements and other information. This research may be compiled and analyzed on raw data or an aggregate basis, and RainWise.net may share this de-identified data with advertisers, researchers, business partners, publications, and other third parties. This data will not identify you personally, therefore shall not constitute Personal Data.

• Service Improvement: We may use your Personal Data, aggregated Personal Data and other personally non-identifiable data collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services.

• Order Fulfilment: We may use your Personal Data collected through the Site to fulfill any orders you may place for products offered by RainWise.net . Notwithstanding anything herein to the contrary, we will only use your credit card or other financial account information for order processing and fulfillment.

5. Our Disclosure of Your Personal Data and Other Information

We consider your Personal Data and privacy to be a vital part of our relationship with you.

There are, however, certain circumstances in which your Personal Data and Measurements may be shared with and use by certain third parties without further notice to you, as set forth below:

• Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

• RainWise.net Internal Operating Functions: RainWise.net , like many businesses, sometimes hires other companies to perform certain internal operating functions, such as mailing information, maintaining databases, auditing the Services, etc. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and such information is solely use for RainWise.net own internal purpose.

• Legal Requirements: RainWise.net may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of RainWise.net , (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

• Third Parties Upon User Action or Authorization: If you choose to share your Personal Data or Measurements on other platforms than the Site such as, but not limited to, social networking websites, or to make publicly available on the Site your Personal Data or Measurements to other users and third parties, you must be aware that those Personal Data and Measurements you have chosen to share will be available for use to to any third party.

• Third Party Partner, Distributor/Reseller And Associated Features: In some cases, you may have acquired a RainWise.net product through a third party partner, distributor or reseller of RainWise.net products, who may have bundle those products with its own features, such as applications. Such associated features may require all or part of your Personal Data or Measurement to provide you with all or part of its functionalities. With registration to the RainWise.net Services for such products, you automatically Opt-in and allow us to share your Personal Data or Measurement with such third parties. This sharing of Personal Data or Measurement will be provided with the possibility to Opt-out anytime on simple request. In case of Opt-out, you hereby expressly acknowledge and agree to waive any claim against RainWise.net with respect to the disrupted operation of the third party's associated features or of RainWise.net product due to the Opt-out. In addition, you must be aware than once the sharing of information took place, the third party will be solely liable towards you for its own use of your Personal Data or Measurement, either before or after you Opt-out.

• De-identified Personal Data: As described above, we may share information based on your Personal Data but not in the form of Personal Data. For example, we may share aggregated, in raw form or de-identified data with advertisers, researchers, business partners, publications, and other third parties.

6. Your Choices

You can use the Site without providing any Personal Data. However, if you choose not to provide any Personal Data, you may not be able to use certain areas of the Site and/or certain RainWise.net Services and Products. You will have the choice as to whether or not you wish to be contacted by us and/or by any third parties with offers for products, services and/or events that may be of interest to you. You can control these choices at the My Account section of the Site.

7. Exclusions

This Privacy Policy does not apply to any personal data collected by RainWise.net other than Personal Data and Measurements collected through the Site, Services and Products. This Privacy Policy shall not apply to any unsolicited information you provide to RainWise.net through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, 'Public Areas'), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, 'Unsolicited Information'). All Unsolicited Information shall be deemed to be non-confidential and RainWise.net shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

8. Links to Other Websites

This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by RainWise.net (the 'Third Party Sites'). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that RainWise.net endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

9. Security

RainWise.net takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail and/or Internet transmission. Please keep this in mind when disclosing any Personal Data through the Site.

10. Other Terms and Conditions

Your access to and use of the RainWise.net Services through the Site is subject to the Terms of Use, available on http://www.AmbientWeather.net.

11. Changes to RainWise.net ’ Privacy Policy

The Site and our business may change from time to time. As a result, at times it may be necessary for RainWise.net to make changes to this Privacy Policy. RainWise.net reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

12. Access to Information; Contacting RainWise.net

To keep your Personal Data accurate, current, and complete, please visit the My Account section of the Site. You may also contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site. Please also feel free to contact us if you have any questions about RainWise.net ’ Privacy Policy or the information practices of this Site. You may contact us as follows :support@rainwise.com

RainWise One Year Warranty

Effective: April 1, 2017

RainWise warrants the product hardware components ('Product') against defects in material and workmanship when used in accordance with RainWise's documentation ('Documentation') for a period of ONE (1) YEAR after the date of original retail purchase ('Warranty Period') from RainWise or RainWise's authorized reseller by the end-user purchaser ("Customer" or "you").

20. APPLICABLE PROVISIONS IN THE EVENT OF A BREACH OF LIMITED WARRANTY

If the Product fails to conform to the Limited Warranty, RainWise will, at its sole discretion and upon your submission of a valid claim to RainWise (i) use commercially reasonable efforts to repair the defective Product with new or refurbished hardware functionally equivalent to the Product being repaired; (ii) replace the defective Product with a Product equivalent to new in performance and reliability; or (iii) exchange the defective Product for a refund of the Product's purchase price. A returned or repaired Product will be replaced under the terms of the Limited Warranty for the remaining Warranty Period, or ninety (90) days, whichever period is longer. This Limited Warranty is not transferable from Customer to subsequent Product owners, and the Warranty Period will not be extended for any such transfer.

21. Condition of Application

RainWise's warranty obligations are conditioned on Customer (i) notifying RainWise through the contact information available at http://www.RainWise.com/rma.html during the Warranty Period of any failure of the Product to meet the Limited Warranty, including a detailed description of the alleged failure, (ii) otherwise complying with RainWise's then-current return policy (see General Sales Conditions section "Right to cancel and return policy"), (iii) shipping, at Customer's cost, the affected Product to RainWise for repair or replacement, and (iv) providing RainWise with valid proof of purchase.

If RainWise determines, after analysis of a returned Product, that the Product is an Ineligible Product (see Document and Section of Included Documentation), RainWise will no longer have warranty obligations. RainWise will bear all costs of return shipping to Customer with the United States, except with respect to any Ineligible Product, for which Customer will bear all shipping costs.

22. Exclusions

RainWise will have no warranty obligation with respect to the following circumstances ('Exclusions') ('Ineligible Products'): (i) a Product that has no defects in materials or workmanship, (ii) Products with defects that are not reproducible by RainWise, (iii) Products marked as 'sample' or sold 'AS IS', (iv) Products that have been subject to: (a) any modifications, alterations, repair, or servicing by any party other than RainWise or RainWise's authorized representatives; (b) handling, storage, installation, testing, or use not in accordance with the applicable Documentation; (c) abuse, negligence, neglect, accidents, abuse or misuse; (d) any breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) any Acts of God, including fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of war or other disaster.

23. Warranty Disclaimer

EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN 'AS IS' BASIS, AND RAINWISE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. RAINWISE DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY.

24. Limitation of Liability

24.1 IN NO EVENT WILL (a) RAINWISE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF RAINWISE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) RAINWISE'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO RAINWISE OR RAINWISE'S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. RAINWISE DISCLAIMS ALL LIABILITY OF ANY KIND OF RAINWISE'S SUPPLIERS.



24.2 THE RAINWISE ONLINE SERVICES ('SERVICES') PROVIDE YOU INFORMATION ('PRODUCT INFORMATION') REGARDING INDOOR AND OUTDOOR MEASUREMENTS. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, 'AS IS', AND 'AS AVAILABLE'. RAINWISE DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND RAINWISE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.

25. Consumer Protection

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.