RainwiseNet Terms & Conditions


1. GENERAL

These terms and conditions of use ("Terms of Use") set forth herein apply to the RainwiseNet. Rainwise referred to as "We" and/or "Rainwise, Inc.", the main Web Portal of which is located at www.RainwiseNet (the "Web Portal").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE RainwiseNet WEATHER PORTAL.

By using, accessing or browsing through this Web Portal you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that Rainwise reserves the right, at their sole discretion, to revise, modify, change or remove portions or all of these Terms of Use, at any time. Please check periodically the following http://RainwiseNet/terms to review such changes in the Terms of Use. Your use of the Web Portal, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.

2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information, software, documentation, content and/or material posted on the Web Portal or available through it ("Materials") are the property of Rainwise, Inc. or their licensors, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon any and all of the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sub-license, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials or modify or create any derivative works of the Materials or documentation;

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other Web Portal or networked computer environment is strictly prohibited, and be deemed a violation of Rainwise, Inc. copyright and other proprietary (including intellectual property) rights.

3. CONTENT, PRODUCTS AND SERVICES INFORMATION

All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the web site. Specifications for products and services are subject to change without notice, and we reserve the right to make changes without notice to processing, materials, or configuration.

You acknowledge that use of any and all data and materials available through the Web Portal or through any software or products made available therefrom shall be made at your sole risk and depends solely on your own judgment, interpretation and consideration, and you shall be solely responsible in connection with any such use.

All information and materials on the Web Portal or made available therefrom is subject to the disclaimers of section 7 below.

4. PRIVACY AND USER GENERATED CONTENT

Unless otherwise explicitly stated herein any non-personal information or material sent to RainwiseNet will be deemed not to be confidential. Approximated coordinates of measurement equipment are deemed to be non-personal information and will be treated accordingly. By publishing, displaying, uploading, disclosing, transmitting, storing, sharing, "posting," or otherwise making available your weather station data on or through the RainwiseNet, you hereby grant to Rainwise, Inc. a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to copy, reproduce, modify, translate, broadcast, display distribute, transmit, republish, download, display, post, sell, make a commercial use and commercially exploit, create derivative works, in any media now existing or hereafter developed, including without limitation on websites and in any print media format. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Rainwise, Inc. or its sublicensees relating to RainwiseNet or its sublicensees' use of the weather data, and you hereby release Rainwise, Inc. and its sublicensees from any such claims.

5. PATENTSM

Without limiting any of the foregoing or hereunder, RainwiseNet or any of their licensors or affiliates products, technology and processes referred to or posted on the Web Portal may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the web site, and Rainwise, Inc. and/or its licensors and/or affiliates reserves all such rights.

6. TRADEMARKS

Without limiting any of the foregoing or hereunder the Rainwise logo, as well as other names and marks so notified in the Web Portal are trademarks of Rainwise logo, as well as other names and marks so notified in the Web Portal are trademarks of Rainwise, Inc. The Rainwise logo, as well as other names and marks so notified in the Web Portal are trademarks of Rainwise, Inc. are to be referred to as "The Marks" in the remainder of these terms and conditions. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Rainwise, Inc and/or respective holders.

7. THIRD PARTY'S CONTENT

To the extent that the Web Portal contains links to outside services and resources, RainwiseNet does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Portal may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Rainwise, Inc.

8. NO ENDORSEMENT

No reference made in this Web Portal to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of RainwiseNet, constitute or imply an endorsement, recommendation or favoring by RainwiseNet , RainwiseNet makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this web site, or websites linking to this web site.

9. LIMITATION OF LIABILITY

Under no circumstances whatsoever will Rainwise, even if advised of the possibility of such damages, be responsible or liable for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, or punitive damages that result from or relate in any manner whatsoever to your use of the web site, or reliance on any of the materials or to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by Rainwise.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

10. INDEMNIFICATION

You agree to defend, indemnify and hold Rainwise, Inc. and anyone on their behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.

11. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Rainwise, Inc. is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property violations on this Web Portal or on our servers should be addressed to: 25 Federal Street Bar Harbor, ME 04609 USA Fax (207) 288-3477

By posting software or other content to this site, you warrant to RainwiseNet (and we rely on this warranty) that such items are known to you to be free shareware, freeware, etc. or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work.

Rainwise, Inc. will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, RainwiseNet will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Rainwise, Inc. will assume no liability for any losses or damages alleged to arise from use of or reliance on such software or content. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this web site.

12. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

Rainwise, Inc. reserves the right to limit or revoke your access to the RainwiseNet Web Portal, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

13. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Maine. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and RainwiseNet with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Rainwise, Inc. may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by RainwiseNet of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.