Terms of Service

Effective Date: June 2, 2023

  1. Agreement. The following Terms of Service (the "Terms") constitute a binding agreement between you and WindBorne Systems Inc. ("WindBorne, " “ we,” “our,” and “us”), the operator of windbornesystems.com (the “Site”) and the WindBorne Data Viewer (the “Data Viewer”). These Terms set forth conditions regarding your access to and use of the Site and the Data Viewer (collectively, the “Services”).

    By accessing or using the Services in any manner, you agree to be bound by these Terms.

    If your access to and use of the Data Viewer is on behalf of your employer (your “Organization”), WindBorne and your Organization may have entered into a separate agreement (the “Organization Agreement”) governing WindBorne’s provision of services to your Organization. These Terms do not alter in any way the terms of the Organization Agreement. To the extent these Terms conflict with the Organization Agreement, the terms of the Organization Agreement shall control.

  2. Modification. WindBorne reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

  3. Privacy. These Terms include the provisions in this document, as well as those in the Privacy Policy.

  4. Acceptable Use. WindBorne hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

    1. If you are accessing the Data Viewer on behalf of your Organization, you may only use the Data Viewer as permitted in the Organization Agreement and these Terms. You may not transfer your access to others or allow others to access the Data Viewer through your own access.

    2. You may not download, copy, rip, or capture any content encountered on the Data Viewer. This includes bulk copying or "scraping" any portion of the Data Viewer content using a bot or other tool.

    3. You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.

    4. You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

    5. You may not use the Services to upload or transmit any material that infringes or violates the intellectual property rights or any other rights of anyone else (including WindBorne).

    6. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

    7. You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.

    8. You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.

    9. You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.

  5. User Accounts. Although you do not need an account to access the Site, you must sign up for an account and select a password in order to access and use the Data Viewer. You promise to provide us with accurate, complete, and updated registration information about yourself.

    You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify WindBorne of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Data Viewer. WindBorne will not be liable for any loss or damage arising from your failure to comply with this section.

    If you would like us to terminate your account, please contact us at data@windbornesystems.com. Upon receipt of the request, we will remove your account and your associated information from the Data Viewer within a reasonable time period.

    You may not transfer your account to anyone else without our prior written permission.

  6. Content. As between you, your Organization, and WindBorne, WindBorne owns all right, title and interest in and to the materials available through the Services, including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing, the “WindBorne Content”).

    Unless stated otherwise in an applicable Organization Agreement, you may not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the WindBorne Content.

  7. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that WindBorne has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.

  8. Termination. Unless stated otherwise in an applicable Organization Agreement, WindBorne may immediately and without notice terminate these Terms and disable your access to the Services at any time.

    Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

  9. Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND WINDBORNE CONTENT ARE PROVIDED “AS-IS,” AND WINDBORNE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. WINDBORNE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

    Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.

  10. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WINDBORNE (OR ITS LICENSORS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $20. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  11. Notices. Any notices or other communications permitted or required hereunder will be in writing and given by WindBorne (a) via email (in each case to the address that you provide) or (b) by posting to the Site.

  12. No Waiver. The failure of WindBorne to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

  13. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without WindBorne’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. WindBorne may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

  14. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  15. Governing Law; Venue. The laws of the State of California, without reference to its choice or law or conflict of law rules or principles, shall govern these Terms and any dispute of any sort that might arise between you and WindBorne with respect to these Terms. Notwithstanding the foregoing, if your access and use of the Data Viewer is on behalf of your Organization and subject to the Organization Agreement, any dispute arising out of your use of the Data Viewer shall be handled in accordance with the dispute resolution process set forth in the Organization Agreement.

  16. Entire Agreement. These Terms constitute the entire agreement between you and WindBorne regarding your use of the Services, and supersede all prior written or oral agreements.

  17. Contact Us. If you have any questions about the Services, please do not hesitate to contact us at data@windbornesystems.com.