Terms of Service

Overview

We (Stormpulse) run a service called Stormpulse and we want you to use it. Our subscription service is designed to give you high-quality displays of critical information in a timely manner. However, this still requires that you use your own best judgment in all of your decision-making.

Terms of Service:

The following terms and conditions govern all use of the Stormpulse.com website and all content, services and products available at or through the website, including, but not limited to, the Stormpulse premium service ("Stormpulse"), (taken together, the Website). The Website is owned and operated by Stormpulse, LLC ("Stormpulse"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Stormpulse's Privacy Policy) and procedures that may be published from time to time on this Site by Stormpulse (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Stormpulse, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Stormpulse.com Account. If you create an account on the Website, you are responsible for choosing a hard-to-guess password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Stormpulse may change or remove any account that it considers unlawful, or otherwise likely to cause Stormpulse liability. You must immediately notify Stormpulse of any unauthorized uses of your account or any other breaches of security. Stormpulse will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Without limiting any of those representations or warranties, Stormpulse has the right (though not the obligation) to, in Stormpulse's sole discretion (i) refuse or remove any data that, in Stormpulse's reasonable opinion, violates any Stormpulse policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Stormpulse's sole discretion. Stormpulse will have no obligation to provide a refund of any amounts previously paid.
  2. Fees and Payment. Optional premium paid services such as Stormpulse are available on the Website. By selecting a premium service you agree to pay Stormpulse the monthly or annual subscription fees indicated for that service (the payment terms for Stormpulse are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated.
  3. Refunds. Yearly subscriptions cancelled within 3 days of purchase may be eligible for a refund. To request a refund, please complete a Refund Request form.
  4. Stormpulse.
    • Fees and Payment. By signing up for a Stormpulse account you agree to pay Stormpulse the yearly or monthly subscription fee specified on your registration and payment terms page in exchange for the relevant services listed at http://www.stormpulse.com/products/. Applicable fees will be invoiced starting from the day your Stormpulse account is established and in advance of using such services. Stormpulse reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Stormpulse can be canceled by you at anytime on 30 days written notice to Stormpulse.
    • Support. Stormpulse includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Stormpulse to respond within one business day) concerning the use of the Stormpulse service. All Stormpulse support will be provided in accordance with Stormpulse standard practices, procedures and policies. (You must reference your support code in your email for us to prioritize assistance. This code is found on your Account Status page.)
    • Refunds. Refunds for Stormpulse are handled according to our premium services refund policy described above.
  5. Responsibility of Website Visitors. Stormpulse has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Stormpulse does not represent or imply that it endorses the material there posted, or that it believes such material to be indisputably-accurate or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your property. The Website may contain content with technical inaccuracies, typographical mistakes, and other errors. Stormpulse disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from decisions made on the basis of this use.
  6. Intellectual Property. This Agreement does not transfer from Stormpulse to you any Stormpulse or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Stormpulse. Stormpulse, Stormpulse, Stormpulse.com, the Stormpulse.com logo, and all other trademarks, service marks, graphics and logos used in connection with Stormpulse.com, or the Website are trademarks or registered trademarks of Stormpulse or Stormpulse's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Stormpulse or third-party trademarks. (But if you'd like to use our logo on your site, just ask.) Some icons on this site are courtesy of IconDrawer.
  7. Changes. Stormpulse reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Stormpulse may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Brand Marks. You hereby grant to Stormpulse a nontransferable, nonexclusive license during the Term to use your Brand Marks to advertise that you are using the Services. Stormpulse hereby grants to you a nontransferable, non-sublicenseable, nonexclusive license during the Term to display Stormpulse's Brand Marks, without modification or distortion for the purpose of promoting or advertising that you use the Services. Stormpulse may modify Stormpulse's Brand Marks at any time. Except as set forth in this Section, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Marks. All use by you of Stormpulse's Brand Marks (including any goodwill associated therewith) shall inure to the benefit of Stormpulse. Stormpulse and the Stormpulse logo are trademarks of Stormpulse, LLC. 'Brand Marks' shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
  9. Termination. Stormpulse may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Stormpulse.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Stormpulse account, such account can only be terminated by Stormpulse if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Stormpulse's notice to you thereof; provided that, Stormpulse can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”. Stormpulse and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Stormpulse nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will Stormpulse, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Stormpulse under this agreement during the twelve (12) month period prior to the cause of action. Stormpulse shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Stormpulse Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Stormpulse, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Stormpulse and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Stormpulse, or by the posting by Stormpulse of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Castle County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Wilmington, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Stormpulse may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.