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Terms and Conditions

Updated March 13, 2024

GENERAL

These Terms and Conditions constitute a legally binding agreement made between you ("Client", "User", "you", "your"), and Thermodynamic Solutions LLC ("TDS Weather, "we", "us" "our", “the Company”). The following Terms govern the use of our website, sub-domains, mobile application, and all distributed products (collectively, "Services"). All Services are owned, operated, and distributed by Thermodynamic Solutions LLC. Thermodynamic Solutions LLC is a Limited Liability Company, and any individual that utilizes or subscribes to any of its Services is a “Client” or “User”. Utilization of our Services includes accessing, receiving, downloading, syncing, or possessing, or continuing to access, receive, download, sync, use or possess our intellectual property.

By using our Services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. The Terms and Conditions set forth herin apply to you whether you access the Services directly, whether the Services are made available to you by a third party, or whether you access the Services by other means.

If you are using the Services on behalf of a business or other entity, you represent that you are authorized to agree to the Terms and Conditions on behalf of such business or other entity, and references herein to “Client”, “User”, "you", or "your" shall be construed to mean and refer to you and such business or other entity on whose behalf you have accepted these Terms and Conditions.

You must be at least 18 years of age to use our Services; by using our Services or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

These Terms and Conditions may be modified at any time, for any reason, and without express notification to you. The revised Terms and Conditions shall apply to the use of our Services from the date of publication of the revised Terms and Conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Therefore, it is advised that you review our Terms and Conditions periodically to ensure you continue to agree to them. A “Last Updated” date will be posted above these Terms and Conditions. The most recently updated Terms and Conditions published on our website shall supersede all previous agreements between you and us in relation to your use of our Services.

LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with Indiana and United States law. Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the United States. By using our Services, you agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services.

The information provided within our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use our Services.

INTELLECTUAL PROPERTY

Unless otherwise indicated, our Services are proprietary property. Information furnished by Thermodynamic Solutions LLC is intended for your sole and exclusive use as a Client and shall be considered proprietary information. All products, information, data, functionality, source code, images, and other items comprising the Service are to be considered copyrighted by Thermodynamic Solutions LLC. Except as expressly provided in these Terms and Conditions, no part of Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Clients are authorized to use such Services for the purposes stated herein and to store such information, download, or print a copy of any content during the term hereof. You may not store for future use such information beyond that period, nor develop a library of such information.

USER REPRESENTATION

By using our Services, you represent that:

All information you submit is true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update as necessary.
You have the legal capacity and you agree to comply with these Terms and Conditions.
You are not a minor in the jurisdiction in which you reside.
You will not access our Services through automated or non-human means, whether through a bot, script, or otherwise.
You will not use our Services for any illegal or unauthorized purposes.
Your use of our Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services, or any portion thereof.

FEES

Some of our Services may require you to purchase, subscribe, or pay a fee prior to receiving access. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update such information as necessary.

You agree to remit payment for charges and fees at the price agreed upon between you and the Company within sixty (60) days of receipt of a hard copy or electronic invoice. Payment terms are offered by a single payment up front, on a monthly basis, or in quarterly installments.

We accept payment by the following means:

Check mailed to the address on the invoice
Credit card
Self-service electronic invoice through Chase Bank/Authorize.net

If paying with a credit card, you authorize us to charge your provided payment method for the agreed upon amount. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

Payment for services added during an existing agreement term will be billed separately.

Invoices that remain unpaid after 60 days may be subject to service suspension until payment remittance. A late fee of 10% may also be applied.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through our Services.

TERMINATION, CANCELLATION, AND RENEWAL

Breaches of these Terms and Conditions, Privacy Policy, or any applicable subscription terms may result in the immediate termination of access to our Services. In such cases, no refund will be provided and we may commence legal action against you.

If you choose to cancel your subscription to our Services, access to Services will continue until the end of the paid term. At the end of the paid term, you agree to delete any electronically stored copies of Thermodynamic Solutions LLC’s products, or related materials from any computer or system within your control. As all of our services, consultations, reports, and certifications are pre-paid, upon cancellation, no refund will be issued.

In the event you do not provide a written termination notice prior to your renewal date, and are enrolled in automatic monthly payments, you will automatically be renewed for an additional term.

ACCEPTABLE USE

You may access, view, download, copy and print information incorporated within or accessed through our Services, subject to the following:

Products may be used solely for personal, informational, internal purposes and may not be redistributed without the express written permission of Thermodynamic Solutions LLC.
Products, including without limitation the content and any advertising displayed on our website or mobile application, may not be modified, obscured, tampered with or altered in any way.
Any copyright or other proprietary notices must appear on all copied products.
Requests to reprint or re-distribute materials accessed from our Services should be directed to info@tdsweather.com.
We reserve the right to restrict access to areas of our Services at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must keep your login information and password confidential. You must notify us in writing if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You must not subscribe to our Weather Watcher services for commercial and/or business use.

PROHIBITED ACTIVITIES

You must not:

Redistribute Service content without express written permission.
Delete the copyright or other proprietary rights notice from any content.
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your account, without our express written consent.
Use our Services as part of any effort to compete with us or otherwise use our content for any revenue-generating endeavor or commercial enterprise.
Use data collected from our Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, social media marketing, and direct mailing).
Attempt to bypass any measures designed to prevent or restrict access to Services or any portion of our Services.
Systematically retrieve data or other content from our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Engage in unauthorized framing of or linking to the Site.
Tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.

LIMITATION OF LIABILITY

In no event will we, our employees, partners, affiliates, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, loss of production, loss of anticipated savings, loss of contracts, loss of commercial opportunities, or other damages arising from your use of our Services, even if we have been advised of the possibility of such damages. You accept that meteorology is an imperfect science, and that weather forecasting is an imperfect skill and that weather conditions may change with little, if any, advance notice. Our meteorologists, however, will strive for the highest degree of scientific certainty in preparing forecasts, decision-support services, reports, and certifications of data. Thermodynamic Solutions LLC will provide professional recommendations on weather conditions only and will not recommend actions to be taken as a result of those weather conditions. Recognizing this, you agree to be solely responsible for action or lack thereof taken to preserve life and property.

You also expressly indemnify and release Thermodynamic Solutions LLC from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, natural hazards, strikes or other labor problems, wars, or governmental restrictions. To the maximum extent permitted by law, in no event shall we be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with any dealings or agreements between you and a third party, the use of our Services, with the delay or inability to use our Services, the cost of procurement of substitute Services, or for any information, software functionality, and materials available through the Services, whether based in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility.

THIRD PARTY RIGHTS

A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

Our Services may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers, and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of our Services, you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of Thermodynamic Solutions LLC. This may occur with or without your knowledge and although the visual representation on your screen may appear to be from our Company, the information, data, executables, programs, software, and other items may come from Providers and may not be under our control.