Last Updated: Nov 20, 2018
Welcome, and thank you for your interest in Wild Fire Rain LLC ("Company," "we," or "us") and our website, www.wildfirerain.com (the "Site"). These Terms of Service ("Terms") are a legally binding contract between you and us governing your use of the Site (including any information available on the Site). You agree that you have read and understood these Terms, and, as a condition to your use of the Site, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use the Site. If at any time you do not fully comply with these Terms, you must cease use of the Site.
The Site provides users with live rainfall and debris flow risk information, which is based on real-time NOAA/NWS radar rain data. Subject to your complete and ongoing compliance with these Terms, we grant you the right to access and use the Site, including the information available on the site, solely for your personal, non-commercial use. Although we endeavor to provide you with high quality information, we cannot ensure that any information on the site is accurate, valid, complete, reliable, legal, useful, or up-to-date. Accordingly, do not rely on the Site or any information available on the Site for your or others' safety.
We reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
As between Company and you, you agree that we own the Site and all information available on the Site. Other than the right to access and use the Site expressly set forth above, you acquire no right, title, or interest of any kind, including as to the Site or any information available on the Site.
These Terms are effective beginning when you accept the Terms or access or use the Site. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your these Terms at any time by emailing us at info@wildfirerain.com. Our rights and your obligations will survive the termination of these Terms. On termination of the Terms, you shall immediately cease all use of the Site.
We may revise and update these Terms from time to time in our sole discretion. When we do, we will update the Last Modified date at the top of these Terms, and we will use commercially reasonable efforts to notify you that these Terms have been changed by posting a notice on the Site. If you do not agree with these Terms as modified, these Terms will automatically terminate, and you must cease use of the Site.
THE SITE (INCLUDING ALL INFORMATION AVAILABLE ON THE SITE) IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ANY EMPLOYEES, MANAGERS, OFFICERS, DIRECTORS, CONTRACTORS (INCLUDING SUBCONTRACTORS), AGENTS, SERVICE PROVIDERS, OR LICENSORS OF COMPANY (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS, OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED AS TO THE SITE OR INFORMATION AVAILABLE ON THE SITE. THE COMPANY PARTIES ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, THE COMPANY PARTIES NEITHER REPRESENT NOR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY INFORMATION AVAILABLE ON THE SITE IS ACCURATE, VALID, COMPLETE, RELIABLE, LEGAL, USEFUL, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THOSE JURISDICTION'S LAWS APPLY TO YOU AND THESE TERMS. IN THAT CASE, THE COMPANY PARTIES DISCLAIM THOSE IMPLIED OR OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY THE LAW IN THOSE JURISDICTIONS.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU FOR ANYTHING OTHER THAN DIRECT DAMAGES UP TO THE AGGREGATE (NOT PER CLAIM) AMOUNT OF ONE HUNDRED DOLLARS ($100.00). IF THIS LIMITATION OF LIABILITY IS NOT ENFORCEABLE, THEN UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES' AGGREGATE (NOT PER CLAIM) LIABILITY TO YOU EXCEED THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Every term in these Terms applies to the maximum extent permitted by law and unless restricted or prohibited by law. If a court of competent jurisdiction deems a provision to be unenforceable, that provision shall be deemed to have been stricken from the Terms without impacting the other provisions. No condition of these Terms shall be deemed waived unless waived in writing by the party claimed to have waived. You agree that we may contact you or provide you with any required notices or other information concerning the Site by e-mail or other electronic means. The Site is offered by Wild Fire Rain, LLC, located at POBOX 192626, SF, CA, 94119. You may contact us by sending correspondence to that address or by emailing us at info@wildfirerain.com. These Terms are the entire agreement between Company and you pertaining to the subject matter hereof, and supersedes in its entirety any and all written or oral agreements previously existing between you and us with respect to the Site. The laws of California, excluding its conflicts of law rules, govern these Terms and your use of the Site. For any action at law or in equity, you agree to resolve any dispute you have with us exclusively in a state or federal court located in the Northern District of California, and to submit to the personal jurisdiction of those courts for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.