TERMS AND CONDITIONS OF USE
This website (“Site”), located at https://www.stormnyou.com, is published and maintained by Storm’n You, LLC, and its affiliates (collectively known herein as “Storm’n You”, “WE”) in Miami, Florida. By using this Site, you agree to these Terms and Conditions of Use (“Terms & Conditions”, “Agreement”), as they may be amended from time to time, and as further described below.
1. CONTRACTUAL RELATIONSHIP
These Terms & Conditions govern your access and use, from within the United States and Canada (and their respective territories and possessions), of the Site, including any data, information, and content offered on or through the Site. By accessing or using the Site, you agree to be bound by these Terms & Conditions. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN STORM’N YOU AND YOU.
These Terms & Conditions are limited to the Sitedo not govern your use of mobile applications branded, owned, and distributed by Storm’n You, such as “Storm’n Golf,” “Storm’n Sports,” “Storm’n Events,” and “Storm’n Properties.” Those use of those mobile applications is governed by separate Terms & Conditions found within those mobile applications.
2. AMENDMENT/NOTICE OF CHANGES
We reserve the right to change the terms and conditions contained in this Agreement at any time, without notice, and in our sole discretion. Any changes to the Site, including any terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site, with or without notice to you. You are responsible for regularly reviewing the Site for changes and notice of any changes. Your continued use of the Site following the posting of any changes to this agreement on the site will constitute your acceptance of such changes or modifications.
3. LIMITED LICENSE TO USE SITE
The purpose of the Site is to provide general information about Storm’n You and the various products and services it provides. Accordingly, subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access the content, information and related materials that may be made available through the Site, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Storm’n You and our licensors.
The Site and all rights therein are, and shall remain, our property. Neither these Terms & Conditions, nor your use of the Site, convey or grant to you any rights: (i) in or related to the Site except for the limited license granted herein; or (ii) to use or reference in any manner Storm’n You’s company name, logos, product and service names, trademarks, or other rights to any intellectual property or technology owned or operated by Storm’n You, or any of our parents, subsidiaries, affiliates, or licensors.
You may not: (i) use the Site to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liabity or otherwise violate any law (ii) remove any copyright, trademark or other proprietary notices from any portion of the Site; (iii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as we expressly permit; (iv) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (v) link to, mirror or frame any portion of the Site; (vi) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; or (vii) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.
Your privacy is important to us. When you visit the Site, Storm’n You does not collect any personally identifiable information about you unless you specifically provides it to us. Your computer or mobile device may also provide us with information in connection with your use of the Site, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, and requested and referring URLs. Such information may be stored and used to fulfill your requests, improve the Site’s quality and functionality, track usage of the Site, enhance the security of the Site, and comply with legal obligations.
5. CONTENT AND TRADEMARKS
“Content” used within this Agreement means text, graphics, logos, button icons, images, photos, audio clips, digital downloads, data compilations, video, geolocation data, and all other forms of data or communication.
Storm’N You’s Content.
All Content placed on the Site by Storm’n You is the property of Storm’n You, or of its parents, subsidiaries, and affiliates, partners, agents, or suppliers, and is protected by United States and international copyright laws. All software used within the Site is the property of Storm’n You, or of its parents, subsidiaries, and affiliates, partners, agents, or suppliers, and is protected by United States and international intellectual property laws.
Storm’N You’s Trademarks.
“Storm’n You”, “Storm’n Golf,” “Storm’n Sports,” “Storm’n Events,” “Storm’n Properties,” and other marks on our Site are trademarks of Storm’n You. All of our graphics, logos, page headers, button icons, scripts, and trade names are trademarks or trade dress of Storm’n You. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Third Party Content and Trademarks.
The content on the Site may include data, commentary, research, analysis, news, links to Third Party Websites, and other information provided by companies that are not affiliated with Storm’n You (“Third Party Content”). Third Party Content may relate to weather conditions and forecasts, golf courses and clubs, maps, and images. While Storm’n You believes the sources of the Third Party Content to be reliable, we make no representations or warranties as to the Third Party Content and do not guarantee their accuracy, timeliness, completeness or usefulness. Third Party Content is provided “AS IS,” and neither the Third Party Content Providers nor Storm’n You shall have any liability related to the use or misuse of the Third Party Content provided. Moreover, our use of Third Party Content shall not be construed as an endorsement by, or affiliation with, the Third Party Content providers of Storm’n You’s products or services. Unless expressly stated, the fact that Storm’n You has provided a link to any Third Party Website on the Site does not mean Storm’n You controls, is affiliated with, or endorses the Third Party Website, its owners, its content or content providers, or any products or services depicted or offered at the Third Party Website. Third Party Content may be protected by United States or international copyrights and other intellectual property laws, and may not be copied, used, or distributed without the permission of the relevant Third Party Content Provider. All trademarks and service marks identifying Third Party Providers are property of their respective owners.
6. ELECTRONIC COMMUNICATIONS
When you use the Site or send messages or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by using the messaging features on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STORM’N YOU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, STORM’N YOU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY FOR ALL CLAIMS.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY STORM N’YOU, WILL STORM’N YOU AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND LICENSEES (COLLECTIVELY, “RELATED PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITE, EVEN IF STORM’N YOU OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS STORM’N YOU AND RELATED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, AND DAMAGES OF EVERY KIND (WHETHER IN CONTRACT OR TORT, AND WHETHER CLAIMED BY YOU OR THIRD PARTIES) ARISING OUT OF OR IN ANYWAY CONNECTED WITH YOUR (A) USE OR MISUSE OF THE SITE, OR (B) YOUR BREACH OR ALLEGED BREACH OF THE TERMS OF THIS AGREEMENT.
We may block, suspend, or terminate your use of the Site at any time for any reason. Reasons we might do so include, but are not limited to, the following: (a) your breach of this Agreement; (b) Storm’n You is unable to verify or authenticate any information you provide to us; (c) Storm’n You believes that your actions could cause financial loss or legal liability to Storm’n You or other users of the Site; and (d) routine network maintenance affecting all users.
9. JURISDICTIONAL ISSUES
The Site is controlled and operated by Storm’n You from its principal office in Miami, Florida, and is not intended to subject Storm’n You to the laws or jurisdiction of any state, country, or territory other than that of the State of Florida and the United States of America. Storm’n You does not represent or warrant that the Site or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
10. ARBITRATION, GOVERNING LAW, AND FORUM
Any controversy, claim, or dispute arising out of or relating to (1) this Agreement, including with respect to its interpretation and the validity of this arbitration clause, or (2) the use, viewing, or access to the Site shall be settled by binding arbitration administered by the American Arbitration Association (AAA). The arbitration will proceed under the Expedited Procedures of the AAA’s Commercial Arbitration Rules, unless the parties agree in writing, or the arbitrator in his or her discretion determines, that the arbitration should proceed under the regular Commercial Arbitration Rules. A judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, subject to the venue selection, below. This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Florida without regard to its principles of conflicts of law and of the United States of America, to the extent applicable. Venue for any arbitration or legal proceedings arising out of or relating to this Agreement shall be in Miami, Florida, U.S.A., unless otherwise agreed by the parties in writing or ordered by the arbitrator. The arbitrator shall award reasonable attorney’s fees and costs, including the cost of expert witnesses, if any, to the prevailing party in any arbitration proceeding.
11. ENTIRE AGREEMENT, SEVERABILITY, NO WAIVER
This is the entire Agreement between you and Storm’n You and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Storm’n You’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
Direct all questions regarding this Agreement to: firstname.lastname@example.org