These Terms of Service govern your (you shall hereafter be referred to as “you” or the “Client”) use of HailStrike’s data, products, and/or services. If you do not agree to be bound by these terms and conditions, do not use this site or any of HailStrike’s data, products, or services. HailStrike reserves the right to modify these Terms of Service at any time.
Any software that the Client obtains from HailStrike (“Licensed Application”) is licensed, not sold, to the Client.. HailStrike reserves all rights not expressly granted to Client.
The Client may not for distribute any software or other product without the express written consent of HailStrike. HailStrike makes no express or implied warranties that weather will occur or has occurred as its reports, data and/or other information state or depict and HailStrike has no responsibility or liability whatsoever to the Client or any other person or entity for any inconsistency, inaccuracy or omission of weather events predicted or reported.
A. No Refund Policy.
HailStrike shall not provide any refunds (full or partial) on any product, software, or service. For this reason, HailStrike strongly recommends that before payment, Provider’s visitors:
By making a payment for Membership to Provider’s site and/or agreeing to the terms and conditions via the checkbox during the checkout procedure, Client acknowledges that Client has read and agree to the No Refund Policy.
B. Scope of License. This license granted to Client for the Licensed Application by HailStrike is a non-exclusive, non-transferable license to use the Licensed Application on any computer system that Client owns or controls only for the purpose of promoting, marketing or developing their business. This license does not allow Client to use the Licensed Application on any computer system that Client does not own or control, and Client may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Client may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. Client may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of HailStrike and its licensors. If Client breaches this restriction, Client may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by HailStrike that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
C. Consent to Use of Data. Client agrees that HailStrike may collect and use technical data and related information, including but not limited to technical information about Client’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to Client (if any) related to the Licensed Application. HailStrike may use this information, as long as it is in a form that does not personally identify Client, to improve its products or to provide services or technologies to Client.
D. Termination. The license is effective until terminated by Client or HailStrike. Client’s rights under this license will terminate automatically without notice from the HailStrike if Client fails to comply with any term(s) of this license. Upon termination of the license, Client shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
E. Third Party Materials. The Licensed Application may enable access to third party services and web sites (collectively and individually, "Third Party Materials"). Use of the Third Party Materials may require Internet access and that Client accepts additional terms of service.
Client understands that by using any of the Third Party Materials, Client may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Client agrees to use the Third Party Materials at Client’s sole risk and that HailStrike shall not have any liability to Client for content that may be found to be offensive, indecent, or objectionable.
Client acknowledges and agrees that HailStrike is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Materials. HailStrike does not warrant or endorse and does not assume and will not have any liability or responsibility to Client or any other person for any Third Party Materials . Links to Third Party Materials are provided solely as a convenience to Client. Any location data is provided for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither HailStrike nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data accessed or obtained by Client.
Client understands that any Third Party Materials may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and may be subject to separate licenses and/or terms of service governing the Client’s use.
To the extent Client chooses to access Third Party Materials, Client does so at Client’s own initiative and is responsible for compliance with any applicable laws governing them. HailStrike and its licensors reserve the right to change, suspend, remove, or disable access to any Third Party Materials at any time without notice. In no event will HailStrike be liable for the removal of or disabling of access to any such Third Party Materials. HailStrike may also impose limits on the use of or access to certain Third Party Materials, in any case and without notice or liability.
F. No warranty: Client expressly acknowledge and agree that use of the Licensed Application AND ANY OF HAILSTRIKE’S PRODUCTS OR SERVICES IS AT CLIENT’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CLIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, HAILSTRIKE’S PRODUCTS AND SERVICES AND ANY OF THEIR FUNCTIONALITY OR DATA PROVIDED IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HAILSTRIKE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HAILSTRIKE DOES NOT WARRANT AGAINST INTERFERENCE WITH CLIENT’S ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE LICENSED APPLICATION OR HAILSTRIKE’S OTHER PRODUCTS OR SERVICES WILL MEET CLIENT’S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, PRODUCTS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HAILSTRIKE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, HAILSTRIKE’S PRODUCTS OR SERVICES PROVE DEFECTIVE, CLIENT ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO CLIENT.
G. Limitation of Liability. IN NO EVENT SHALL HAILSTRIKE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CLIENT’S USE OR INABILITY TO USE THE LICENSED APPLICATION, OR HAILSTRIKE’S OTHER PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HAILSTRIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CLIENT. IN NO EVENT SHALL HAILSTRIKE’S TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PROVIDER IS NOT RESPONSIBLE FOR MINORS OR UNLAWFUL USE OF CLIENT’S CREDIT METHODS. DO NOT ALLOW CHILDREN OR OTHER UNAUTHORIZED FAMILY MEMBERS, FRIENDS OR EMPLOYEES TO ACCESS CLIENT’S CREDIT CARDS OR CLIENT’S ACCOUNT AT THE PAYMENT SITE TO ENSURE THAT NO ONE PAYS FOR A MEMBERSHIP WITHOUT CLIENT’S PERMISSION.
H. Export Limitations. Client may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, Client represents and warrant that Client is not located in any such country or on any such list. Client also agrees that Client will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
I. Subscription Auto-Renewal.
J. Miscellaneous. This agreement shall be construed and governed by the laws of the State of Texas without regard to its conflicts of law provisions. This agreement may be modified only by HailStrike posting changes to this agreement on its website or by a writing signed by HailStrike and the Client.