(Last Modified and Effective Date September 01, 2023)
The following terms and conditions govern all use of the RainCheQ™ website and all content, services and products available at or through the website (herein referred to as the Website). The Website is solely owned and operated by David A. Sluga (“SLUGA”). 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, RainCheQ™'s Privacy Policy) and procedures that may be published from time to time on this Site by SLUGA. (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 SLUGA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Client Account(s). A RainCheQ™ (Site) account is required to access all SLUGA Services. The Client is responsible for all activities that occur under its accounts, regardless of whether the activities are undertaken by Client employees or a third party (including contractors, affiliates or agents). SLUGA and its affiliates are not responsible for unauthorized access to the Client's account, other than to the extent caused by our breach of this Agreement. The Client will immediately notify SLUGA of any known or suspected unauthorized use(s) of any of its accounts, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of password or credit card information. The Client is responsible for keeping its login credentials confidential. The Client may not transfer its registration, username or password to any other person or entity or otherwise permit anyone to access or use its accounts. The Client may terminate its accounts and this Agreement at any time, and SLUGA reserves the right to terminate the Client's account, in its sole discretion, at any time without notice. All information provided by the Client to SLUGA for use in establishing its accounts must be accurate, truthful, up-to-date, complete and must be maintained in that condition by the Client. The Client warrants that it is fully authorized to establish, use, and control any account to which the Client might have access.
User Termination. SLUGA, may terminate 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 Website account (if you have one), you may do so from the Account page of the Website after logging in. Select the button labeled "Terminate Account", and all access to RainCheQ™ will cease. Then, simply discontinue using the Website. 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.
Project/Facility Termination SLUGA, reserves the right to terminate service for any User-selected project and/or facility because of User inactivity or assumed project completion or facility abandonment. Inactivity is defined as one year of User absence to the Website. Each User shall evaluate each User selected project and/or facility to determine activeness at least once per year and terminate projects and/or facilities that no longer need the services of the Website. Before the RainCheQTM Team (Team) terminates any project or facility the Team will make every reasonable effort to contact the User and email addresses associated with the project or facility.
Payment and Renewal - Automatic Renewal. By adding any active project or facility to the User account, paid services such as alerts and documentation are available on the Website (any such services, a “Subscription”). By initiating a Subscription you agree to pay SLUGA, the annual subscription fee indicated for the service based on the number of projects/facilities. Payments will be charged on a pre-pay basis beginning the day that you add your first project or facility and will cover the use of the service for a subscription period of one year (preceding date of the following year) as indicated. You can add and terminate projects/facilities throughout the subscription period. Additional fees may apply depending on your number of active projects/facilities during any one time. Your anniversary date will remain the same regardless of how many projects/facilities are added or terminated.
Upon your anniversary date of the Subscription, your Subscription will automatically renew at the annual subscription service fee for the number of projects/facilities that are active in your User account. You authorize SLUGA, to collect the then-applicable annual fee for such Subscription using any credit card or other payment mechanism we have on record for you. To avoid the subscription service fee you must not have any active projects/facilities upon your anniversary date.
Previously paid Subscription fees (or portion thereof) may be refunded on a case by case basis at SLUGA’s discretion.
Ownership of Weather Data. All weather data gathered by RainCheQ.com is the property of Sluga Data cannot be sold to third parties without express written consent by SLUGA
For avoidance of doubt, the foregoing grant of license does not purport to be a claim by SLUGA of license to or ownership of publicly available data, but rather is a license for any rights that SLUGA may possess in the Data Content, such as rights arising from SLUGA’s aggregation, selection, and arrangement of publicly available data. Accordingly, SLUGA makes no representations that it owns or has intellectual property rights in such publicly available data.
Content. All Data Content, computer code, user interfaces, text, visual interfaces, graphics, trademarks, photographs, logos, sounds, artwork and music (collectively, "Content"), including the design, expression, "look and feel", structure, selection, arrangement and coordination of such Content, contained in the SLUGA Services is owned, controlled or licensed by or to SLUGA and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Services, no part of the SLUGA Services, or its Content may be copied, republished, reproduced, posted, uploaded, encoded, publicly displayed, translated, transmitted or distributed in any way (including any process that constitutes "mirroring") to any other website, computer, server or other medium for distribution or publication or for any commercial undertaking, without SLUGA’s prior written consent.
Intellectual Property. This Agreement does not transfer from SLUGA to you any SLUGA, or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SLUGA, RainCheQ™, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of SLUGA or SLUGA 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 SLUGA or third-party trademarks.
Changes. SLUGA 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. SLUGA 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.
Disclaimer of Warranties.The Website is provided “as is”. SLUGA 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 SLUGA 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 download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Data Content. Client acknowledges that the Data Content provided in this Data Access Service is considered Provisional. Provisional Data is observational data that has been collected under applicable professional standards but may not yet have been officially reviewed or edited by the entity that collected the data. Such data is subject to material change after the collectors conduct a review of the data, which may occur anywhere from hours to months after the data- valid time. The provisional nature of the data should be considered by Client, especially in situations involving its use in matters that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences.
Limitation of Liability. In no event will SLUGA, 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 for 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, if any, by you to SLUGA under this agreement during the twelve (12) month period prior to the cause of action. SLUGA 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.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the SLUGA 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.
Indemnification. You agree to indemnify and hold harmless SLUGA, 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 your violation of this Agreement.
Disclaimers. SLUGA does not warrant that the Site or any Content, SLUGA Services or Feature provided by the Site is error-free, or will be uninterrupted, or that all defects will be corrected, or that any use of the Site or SLUGA Services will provide specific results. The Site, SLUGA Services, and all Content are deemed to be delivered on an “as-is” and “as-available” basis. All Data provided on the Site or SLUGA Services is subject to change without notice. SLUGA cannot ensure that any files or other Data downloaded from the Site or SLUGA Services will be free of viruses or contamination or destructive features. SLUGA disclaims all warranties of merchantability and fitness for a particular purpose, accuracy, and non-infringement. SLUGA disclaims liability for any acts, omissions, or conduct of any third-parties in connection with or related to any SLUGA Services and/or your use of the Site. By accessing the Site and the SLUGA Services, you are deemed to assume all responsibility for the use SLUGA Services, the Site, and any linked sites. Your sole remedy against SLUGA for the dissatisfaction with the Site, SLUGA Services, or any Content is to stop using the Site, SLUGA Services, or any such Content. This limitation of relief is a part of the bargain between the Parties.
The disclaimer set forth above applies to any damages, liability and/or injuries caused by any failure of performance, error, omission, deletion, defect, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Miscellaneous. This Agreement constitutes the entire agreement between SLUGA and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of SLUGA, or by the posting by SLUGA 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 California, 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 Orange County, California. 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 (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Ana, California, 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; SLUGA 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.
Severability. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, that provision will be enforced to the fullest extent possible in accordance with the Parties’ intent and without effect on the remaining provisions of this Agreement, which shall remain in full force and effect.
Contacting Us. If there are any questions regarding these terms of service you may contact us using the information below.
Sluga
Post Office Box 476
10650 Reagan Street
Los Alamitos, CA 90720
info@RainCheQ.com
(714) 209-0057