Terms and Conditions of Use

 

This Website and Stormex, LLCs' (“Stormex”) products and services are offered to You (“You,” “Your,” or “Yourself”), conditioned on Your acceptance of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions" or “TOU”). The following TOU describe the terms and conditions applicable to Your registration, access and use of the stormex.com website (the “Website”), or any other website that Stormex may make available from time to time (individually or collectively referred to as the "Website"). By using the Website, You are accepting and agreeing to the TOU. If You do not agree to the TOU, do not use the Website. We reserve the right to change the TOU at any time without notice; modifications will be included in the TOU. It is Your responsibility to check the TOU from time to time for modifications. Continued use of the Website after any modifications of the TOU will constitute acceptance of such modifications.

 

Effective Date: This TOU is updated as of June 1, 2016.

 

1. Introduction to Stormex. Stormex is a d/b/a of Stormex, LLC., a for-profit, Texas Limited Liability Company that provides: (i) Predictive Weather Alerts; (ii) forensic weather reports; (iii) weather maps, hail maps, and the like; (iv) educational tools and resources; and (v) other related information and services. Stormex is not a, nor is Stormex affiliated with any, local, state, or federal government program.

 

2. Ownership. The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website (“Stormex Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Stormex and/or various third party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to the Stormex Content. The software, technology components and contents of the Website are copyrighted and/or subject to various intellectual property laws. All rights not expressly granted hereunder are reserved. You agree that as between the parties, Stormex is the exclusive owner of the Website, Software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Website (excluding User Content), HTML scripts, the uniform resource locators (URL’s) for the Website, the organization and layout of the Website, all Stormex trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “Stormex Content”). Any goodwill attached to, or generated by, such Stormex Content is owned exclusively by Stormex, or its licensors, and shall inure solely to the benefit of Stormex, or its licensors. Nothing contained herein or on the Website should be understood as granting You any right or license to any of Stormex Content, except as expressly granted herein. All rights not expressly granted herein are reserved by Stormex, or its licensors. Stormex, or its licensors, retains full and complete title to the Stormex Content. You shall not: (i) use or copy the Stormex Content in any manner not specifically set forth herein; (ii) include Stormex Content in Your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Stormex Content; (iv) have any claim of ownership in the Stormex Content; or (v) sell, redistribute, transfer, sublicense or reproduce the Stormex Content, nor may You decompile, reverse-engineer, disassemble, or otherwise convert any of the Stormex Content to a human-perceivable form. These Terms do not limit any rights that Stormex may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any advertisements or information that may have been presented to You through the Website or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) unless otherwise stated, to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of Stormex Content from the Website solely for internal, personal, non-commercial purposes and provided that You maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.

 

4. Use of Website. By using the Website, You represent that You are at least 18 years old and are a resident of the United States. If You are under 18 or not a U.S. resident, do not use the Website. Stormex does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through the Website. You may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of the Stormex. Stormex may change or restrict Your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Stormex, its affiliates or service providers, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services through hacking, password mining, or any other means. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of Stormex Content from those third party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any Stormex Content is prohibited without Stormex’s prior written consent. Stormex reserves the right to disable any unauthorized links or frames.

 

5. Stormex Services. At Stormex we are committed to making Your total experience a positive one.

 

Upon entering Your required information and upon process of payment, You will receive a welcome email and setup instructions for your Dashboard access from MetLoop - Precision Weather Technologies within one business day.  Your phone numbers and emails provided for severe weather alert text messages and emails and for severe weather outlook emails will be entered into the system within one business day.  

Upon entering Your information and the request for which You would like any of our services and/or products, in order to facilitate such request, we may have to provide Your information to contractors in Your area, if any, who may be interested in fulfilling Your service need. However, we do not guarantee that we will be able to match Your service needs with a contractor or that there are contractors in Your area that are either capable or willing to complete Your service needs. Although we take certain steps to examine the credentials of our listed contractors, we make no guarantees or representations regarding the skills or representations of such contractor or the quality of the job that he, she, or it may perform for You if You elect to retain their services. Stormex may inform You of certain offers or discounts provided by a contractor. Such offers or discounts are made solely by the contractor, and Stormex does not guarantee or warrant the pricing or discounts that a contractor may offer You. Any quotes provided by contractors via the Stormex website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Stormex website. No contractual arrangement is created based upon the quotes provided to You from contractors (or Your scheduling of an appointment with a contractor) via the Stormex website. To contract with any contractor, You must work directly with the contractor. Stormex does not endorse or recommend the services of any particular contractor. It is entirely up to You to enter into a direct contract or otherwise reach agreement with a contractor, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The contractors are not employees or agents of Stormex, nor is Stormex an agent of the contractors. Stormex does not perform, and is not responsible for, any of the services requested by You in Your service request. Your rights under contracts You enter into with contractors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should You have a dispute with any contractor, You must address such dispute with the contractor directly, AND YOU HEREBY AGREE TO RELEASE STORMEX (AND OUR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY STORMEX MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CERTIFIED CONTRACTORS.

 

6. Information You Provide to Us. Upon using Stormex’s services, You may be prompted to disclose certain information about Yourself and Your service requirements, and You will be able to store information, such as home services records, on our Web site. Some of this information will be sent to contractors who will need this information to respond to You or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, You are requesting, and You expressly consent to being contacted by us and by our contractors and providers via phone, fax, email, mail or other reasonable means, at any of Your contact numbers or addresses, even if You are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service Your account, to reasonably address matters pertaining to Your account or for other purposes reasonably related to Your service request and our business, including marketing related emails. For complete details on our use of Your information, please see our privacy statement. You agree that by completing a service request, You are entering into a business relationship with Stormex and its partners and thus agree to be contacted by Stormex and/or its partners. You promise that all information You provide will be accurate, current and truthful to the best of Your knowledge. If You provide any information that is untrue, not current or incomplete, or Stormex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stormex has the right to refuse any current or future use of the Stormex services (or any portion thereof) by You. You are responsible for any use of the Stormex services by persons to whom You intentionally or negligently allow access to Your password.

 

7. Information Contained on Website. The information contained on the Website is not intended as professional, business, tax, and/or legal advice. Stormex makes no warranties or representations related to the information contained on the Website and disclaims all liability for errors or omissions in the information presented. Stormex does not recommend or endorse any specific company and does not provide advice on how to select or which products or services to buy. YOU ARE ADVISED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC REPORT, OPINION, LAW, INFORMATION, OR OTHER MATERIAL CONTAINED WITHIN THE WEBSITE.

 

8. Product Description and Pricing. Stormex strives for the Website to be as accurate as possible. However, Stormex does not represent or warrant that product or service descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. For example, products or services included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. If an item's correct price is higher than our stated price, we will, at our discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation. It is Your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item or service purchased from or through the Website. By placing an order, You represent that the products and/or services ordered will be used only in a lawful manner.

 

9. Content of Monitoring Reports. Stormex acts as a reseller for MetLoops – Precision Weather Teachnologies products. MetLoop – Precision Weather Technologies accumulates and compiles reporting data from various sources including, but not limited to: National Weather Service (“NWS”), the Storm Prediction Center (“SPC”), the National Climatic Data Center (“NCDC”), internet sources, and live witness resources. The reports they provide represent the most accurate approximation for storm and weather activity based upon such resources. Although extra steps have been taken to ensure the accuracy of these reports, Stormex or MetLoop – Precision Weather Technologies cannot guarantee the absolute accuracy of the information being provided, nor can we be held responsible for inaccurate data that we receive including errors in the reporting sources, the sources’ equipment, or the accuracy of their information. Stormex specifically disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to any such reports.

 

10. Call Recording. You acknowledge and agree that Stormex may monitor and/or record any telephone calls between You and Stormex.

 

11. Consent to Email Communications. You consent to receive communications from us electronically and agree that we may communicate with You by email or by posting notices on the Website. 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.

 

12. Your Use of the Stormex Services. You acknowledge and agree that Your use of the Stormex services is for Your personal use and not for commercial and/or advertising purposes. You may not use the Stormex website or services to recreate or compete with the Stormex services, to solicit or harass Stormex contractors, customers, clients, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the Stormex Web site, including but not limited to profiles, articles, checklists, blog posts, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by You), is the sole and exclusive property of Stormex, and that You have no right to reproduce, post, publish, or otherwise use such information other than for Your personal use relating to Your service request. You acknowledge that a violation of the foregoing could result in significant damages, and You agree that You are liable to Stormex for any such damages, and will indemnify Stormex in the event of any third party claims against Stormex based on or arising from Your violation of the foregoing. We reserve the right to revoke Your access to the Stormex Website and services at any time. All information about contractors is confidential and for Your personal use only. If it is determined or suspected by Stormex in its sole discretion that You are misusing or attempting to misuse or circumvent the Stormex services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Stormex reserves the right, in its sole discretion, to immediately terminate Your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO STORMEX AND ITS CERTIFIED CONTRACTOR PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO STORMEX AND EACH STORMEX SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF STORMEX AND EACH OF THE AFFECTED CERTIFIED CONTRACTORS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

 

13. Notice Specific to Documents and Information Available on this Website. Stormex provides free information in the form of articles, blog posts, videos, checklists and other media formats to help website users prepare for storms and repair damage to property caused by storms. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Stormex server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for Your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Stormex. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Stormex Website or any other Stormex owned, operated, licensed or controlled site. Elements of Stormex Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Stormex Website may be copied or retransmitted unless expressly permitted by Stormex.

 

14. Statement about Accuracy of Products. Claims of accuracy are based on MetLoop - Precision Weather Technologies' electronic and human analysis and interpretation of various sources of raw and extracted weather data while using aerial maps as the interface to drill down to the individual rooftop level for forecasting and alerting purposes. MetLoop - Precision Weather Technologies' software was originally designed for US Government use, which mandated that forecast accuracy rates to be in the 90 – 95% range. MetLoop - Precision Weather Technologies' internal testing and subsequent results have generally yielded approximately the same level of accuracy. However, while MetLoop - Precision Weather Technologies' internal results generally meet or exceed such levels of accuracy, they are subject to human error and/or technical malfunctions. Unless expressly agreed to in writing, MetLoop - Precision Weather Technologies' forecasts and/or alerts may not be relied on for any legal or emergency services. Stormex and MetLoop - Precision Weather Technologies disclaims any warranties, whether express or implied. Any use of Stormex’s or MetLoop - Precision Weather Technologies services, which are provided on an “as is” basis, is at your own risk.

 

15. Disclaimer of Warranties. STORMEX AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS www.Stormex.com FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. STORMEX AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE STORMEX WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STORMEX AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICE(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. STORMEX MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, WEBSITE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. Stormex and its respective affiliates, subsidiaries, and their respective officers, directors, managers, members, shareholders, unitholders, employees, agents, attorneys, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to user’s or any other person’s computer relating to or resulting from any use of Services; inability to access websites; theft, tampering, destruction, or unauthorized access to, or alteration of any submission; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any user submissions which are late, lost, incomplete, misdirected, stolen, mutilated, or illegible, or any combination thereof.

 

16. Limitation of Liability. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL STORMEX OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, THE STORMEX CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY STORMEX CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17. Trademarks. The Website contains protected marks. Unauthorized use of trademarks, service marks or logos owned by Stormex or any of its brand partners or affiliates is strictly prohibited and may also be a violation of federal and state trademark laws.

 

18. Copyright. The Website is protected by U.S. copyright laws. Except as expressly provided under "Use of Website" section above, You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or Stormex Content without the prior written consent of Stormex.

 

We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

 

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

b. A description of the copyrighted work that You claim has been infringed;

 

c. A description of where the material that You claim is infringing is located on the Website;

 

d. Your address, telephone number, and email address;

 

e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

f. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to csr@stormex.com.

 

19. Advertising and Promotions. Stormex and/or Stormex’s affiliates or its business partners may present advertisements and promotional materials on or through the products and/or services. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the products or services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party. You agree that neither the Stormex and/or Stormex’s affiliates or its business partners are responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with Your use of or reliance on any content of any such site or goods or services available through any such site or from any such advertiser. You should direct any concerns regarding these third-party sites to those sites’ administrators.

 

20. Links to Third-Party Websites. The links in the Stormex Website will let You leave Stormex 's Website. The linked sites are not under the control of Stormex and Stormex is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Stormex is not responsible for webcasting or any other form of transmission received from any linked site. Stormex is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Stormex of the site.

 

21. Security. Stormex does not make warranties or representations regarding the security of Stormex Content or User Content, as is defined herein. Data sent over the Internet may be intercepted by third parties; if You are concerned about the security of Your data, You should not send it over the Internet.

 

22. User ID and Password. You may be required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of Your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by You. Stormex prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify Stormex of any unauthorized use of Your user ID or password or any other breach of security.

 

23. Contractors Profiles. Stormex may allow contractors to post profiles about themselves and their business on the Stormex Website. Stormex does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the contractor. Stormex therefore makes no representations or warranties regarding any information posted by a contractor, and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of Stormex. Stormex believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed or free of significant state-level civil legal judgments, during the period they are members, or thereafter. As circumstances can change daily, Stormex advises consumers to check these matters for themselves especially at future dates. Stormex does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Stormex checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: STORMEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CERTIFICATION PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE CERTIFICATION PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

 

24. Posting Ratings & Reviews on the Website. Stormex reserves the right, but not the obligation, to refuse to post or to remove any Review if Stormex determines (in its sole discretion) that it contains or features any of the following:

 

a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)

 

b. References to illegal activity.

 

c. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").

 

d. Language that violates the standards of good taste or the standards of this Website.

 

e. Comments concerning a different contractor.

 

f. Information not related to work requested in the service request.

 

g. Statements that are or appear to be false.

 

h. Comments that disparage Stormex.

 

Further, the reviewer must provide permission to Stormex to contact the contractor about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. Ratings & Reviews are not endorsed by Stormex. All Ratings and Reviews of a contractor displayed to You reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Stormex. Stormex disclaims any and all representations or warranties with regard to the Ratings and Reviews. Reviews do not reflect the views of Stormex; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Stormex does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Website or the materials contained therein.

 

25. User Submissions. By submitting information, graphics, images, photographs or other materials ("User Content") through the Website, You grant to Stormex an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, modify, create derivative works from and transmit such User Content for any purpose, including without limitation, disclosing any such User Content as necessary to satisfy any law, regulation, or governmental request. All remarks, suggestions, ideas, or inventions communicated by You to us (collectively, a "Submission") will forever be our property. Other than what is commonly regarded as Personally Identifiable Information ("PII") and confidential credit card information, we will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to You or any other person sending the Submission. You agree not to submit or transmit any User Content through the Website that in Stormex's opinion: (i) are defamatory, threatening, obscene or harassing; (ii) contain a virus, worm, Trojan horse or any other harmful component; (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission; (iv) violate Stormex's rules or procedures; or (v) otherwise violate any applicable laws or regulations. You acknowledge that Stormex does not have a duty to pre-screen content but that Stormex expressly reserves the right to reject any submission of User Content on the Website. Stormex shall not be subject to any obligations of confidentiality regarding any User Content that You submit except as specified in Stormex's Privacy Policy, or as otherwise specifically agreed to or required by law. You understand that all User Content You submit through the Website is the sole responsibility of the person from whom such information or materials originated. Thus, You, not Stormex, are entirely responsible for such information and materials and liable for any infringement, violation of privacy, defamation, libel or other causes of action that arise from such User Content.

 

26. Indemnification. YOU AGREE TO INDEMNIFY STORMEX, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE STORMEX SERVICES OR IN CONNECTION WITH THE STORMEX WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

 

27. Exclusion of Consequential Damages. Further Limitation of Liability: IN NO EVENT SHALL STORMEX OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, THE STORMEX CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF STORMEX UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

28. General Provisions. You acknowledge and agree that Stormex’s services are provided to You on an "AS IS" basis without any warranty whatsoever, and Your sole and exclusive remedy, and Stormex's sole obligation to You or any third party for any claim arising out of Your use of Stormex’s services or the Stormex Website, is that You are free to discontinue Your use of Stormex’s services or the Stormex Website at any time. The Terms and Conditions will inure to the benefit of Stormex's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Stormex to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

 

Governing Law: The TOU shall be governed in all respects by the laws of the State of Texas, USA, without reference to its choice of law rules. By accessing the Website You understand and agree that all transactions take place in Guadalupe County, Texas and agree that the Guadalupe County Courts have exclusive jurisdiction over any disputes with Stormex arising from or related to Your use of the Website or any of the services or Stormex Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and You irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.

 

Statute of Limitations: Except for claims arising from Your misuse of the Website or Stormex Content, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Linking to the Website: You may not link to the Website prior to obtaining written permission from Stormex, which may be withheld in Stormex's sole and absolute discretion.

 

Information and Press Releases: The Website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

Interstate Nature Of Communications On Website: When you register with the Website, you acknowledge that in using Services to send electronic communications, you will be causing communications to be sent through Stormex's computer networks. As a result, and also as a result of the Stormex's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOU, you acknowledge that use of the Service results in interstate data transmissions.

 

Special Admonitions For International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

No Resale Of Service: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Website ID), use of the Service, or access to the Service.

 

General Practices Regarding Use And Storage: You agree that Stormex has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that Stormex reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Stormex reserves the right to modify these general practices and limits from time to time.

 

Termination: You agree that Stormex may, in its discretion, and without prior notice, immediately terminate your Website account, any associated email address, and access to the Service.

 

No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

 

Waiver: The failure of Stormex to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.

 

Violation of TOU: Stormex reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU and the Privacy Policy (which is incorporated by reference), including, but not limited to, the right to block access from a particular Internet address to the Website.

 

Entire Agreement; Severability: This TOU, and the applicable Privacy Policy for each of Stormex’s Websites, constitutes the entire agreement between you and Stormex relating to the use of the Website. Additional terms and conditions may apply when you use any Third Party Services or access any linked websites. Should any provision of our TOU be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

 

Injunctive Relief: You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Stormex that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Stormex shall be entitled, without waiving any additional rights or remedies otherwise available to Stormex at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you. Notwithstanding anything to the contrary, Stormex shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.

 

Attorney Fees: In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under these Terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, in addition to any other relief to which the prevailing party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees, costs and expenses to resolve the dispute and to enforce the final judgment or award.

 

U.S. Export Laws: This Website and/or products offered on the Website may be subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Website and/or products offered on the Website in violation of any U.S. Export Laws. None of the Website or products offered on the Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using the Website, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the Website from other countries or jurisdictions, you do so on your own initiative and you are solely responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Website. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Website.

 

“Restricted Rights.” All materials supplied by or through the products or services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions, as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgement of out suppliers’ proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

 

Legal Equivalency: These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

 

Contacting Stormex: If you have Website questions, comments, or concerns, please email csr@stormex.com. Please include detail of your questions, comments or concerns and your complete name and contact information. You may also call the customer service at 210-960-1617.

 

These Terms and Conditions constitute the entire agreement between You and Stormex and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.

 

These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

 

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