Effective Date: June 2, 2023.
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.
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 firstname.lastname@example.org. 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.
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.
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.
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.