Terms of Service

Last updated: October 15, 2024

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY WEATHERDESTINATION.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEATHERDESTINATION WEBSITE AND ALL RELATED SERVICES. BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by WeatherDestination. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by WeatherDestination from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

Description of Service

WeatherDestination provides weather-informed travel planning tools, including seasonal weather patterns, air quality data, climate metrics, and destination recommendations. We are currently in development and collecting feedback from early users. Features and functionality may change as we build the service.

Age Requirements

By accessing the Services, you confirm that you're at least 13 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Service. You shall not (and shall not permit any third party to):

• Violate any applicable law, rule, or regulation in connection with your use of the Service
• Use the Service to harass, abuse, threaten, or otherwise violate the rights of others
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Upload any material containing viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks
• Use any automated system, including robots, spiders, or scrapers, to access the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Reverse engineer or attempt to discover the source code

User Content and Accounts

When you provide information to us through the Service (such as email addresses, destination preferences, or feedback), you grant us permission to use that information to provide, maintain, and improve the Service. You are responsible for maintaining the security of your account and for all activities that occur under your account.

Fees and Payments

WeatherDestination is currently free during our development phase. We will announce pricing before launching any paid features or subscriptions. Early access users will be notified of any pricing changes with reasonable advance notice.

When paid services become available, subscription fees will be charged on a recurring basis according to the plan you select. Subscriptions automatically renew unless cancelled before the renewal date. We reserve the right to change prices with advance notice to existing subscribers.

Intellectual Property

All content displayed on the Service, including text, graphics, logos, images, software, and the compilation thereof, is owned by WeatherDestination, its licensors, or third-party content providers and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, WeatherDestination grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEATHERDESTINATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WeatherDestination does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Weather data and recommendations are provided for informational purposes only and should not be relied upon as the sole basis for travel decisions. We are not responsible for the accuracy, completeness, or timeliness of weather data from third-party sources.

Limitation of Liability

IN NO EVENT SHALL WEATHERDESTINATION OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL WEATHERDESTINATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO WEATHERDESTINATION IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless WeatherDestination, its affiliates, and their respective employees, contractors, directors, and representatives from all claims, losses, liabilities, and expenses (including attorneys' fees) arising from or relating to your use or misuse of the Service or your violation of these Terms of Service.

Termination

WeatherDestination may terminate or suspend your access to the Service at any time, with or without cause or notice. Upon termination, all rights granted to you under these Terms will immediately cease. If you wish to terminate your account, you may do so by contacting us at [email protected].

Modifications to Terms

WeatherDestination reserves the right to modify these Terms of Service at any time. We will notify users of material changes by posting a notice on the Service or by email. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflicts of law principles.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and WeatherDestination agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Waiver of Jury Trial

YOU AND WEATHERDESTINATION WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

Time Limit for Claims

You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the event or facts giving rise to the claim occurred. Otherwise, the claim is permanently barred.

Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and WeatherDestination regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]
Website: weatherdestination.com/support

By using WeatherDestination, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.