Interactive Hail Maps
The following are the terms and conditions for use of the Interactive Hail Maps (“IHM”) hail mapping service (“Service”). Please read them carefully before using the Service.
BY CLICKING THE “Complete registration” BUTTON OR THE “Purchase Map” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ( the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
If you are using the Service on behalf of your employer or any other entity (“Company”), your acceptance of and agreement to the terms and conditions of this Agreement will be deemed to be an agreement between your company and IHM and you represent and warrant that you have authority to bind your Company to the terms and conditions of this Agreement.
To register for the Service and create an account, you must complete the registration process by providing IHM with complete and accurate information as prompted by the registration form, including email address and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify IHM immediately of any unauthorized use of your account or any other breach of security.
Payments and Refunds Terms
- The Service is billed in advance on a monthly or annual basis, or is billed in monthly installments, or is billed per map, and is non-refundable. There will be no refunds or credits for partial months or partial years of service, or refunds for months unused with an open account. No exceptions will be made.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle, plus or minus the prorated amount based on the remaining number of days of the current billing cycle.
- Downgrading your Service may cause the loss of content, features, or capacity of your Account. IHM does not accept any liability for such loss.
- Monthly installment payments for an annual subscription to the Service are billed each month. Installment payments declined by your credit card account will be retried three (3) times. If the installment payment is not successfully billed after the 3rd retry, your subscription to the Service will be cancelled for non-payment. Installment payments made to your subscription that was cancelled for non-payment are non-refundable, and shall not apply toward credit.
- Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Service. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
The only accepted method for canceling your account is via the IHM website account settings. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time when you are logged into your IHM account by going to your account settings and using the cancellation link. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Subject to the terms and conditions of this Agreement, IHM hereby grants you a revocable, non-exclusive, non-transferable license to remotely access the Service to view hail maps on the IHM website located at maps.interactivehailmaps.com.
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the Service, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the IHM Service, including, but not limited to, by sharing your access username and/or password.
As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the IHM website. IHM may change the fees for our Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by IHM prior to the effective date of such change.
Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable [monthly/quarterly/semi-annually/annually] in advance. We reserve the right to deactivate your access to the Service for failure to pay applicable fees. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
IV. PROPRIETARY RIGHTS; RESTRICTIONS ON USE
Except for the limited licenses expressly granted herein, IHM expressly reserves all right, title and interest in and to the content of the IHM website, and all analytics and other software and technology used by IHM in provision of the Service, including, without limitation, any derivatives, improvements, enhancements or extensions of the Service conceived, reduced to practice or otherwise developed on or on behalf of IHM, all of which are valuable assets of IHM, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by IHM or inconsistent with IHM’s standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service, or attempt to access data of any other customer of IHM; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by IHM; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
V. Cole Information Data Restrictions
The following data restrictions apply to contact data downloaded via the IHM interface to Cole Information (“COLE Data”).
- You agree with the Cole Information Terms and Conditions
- Use. You are permitted to use the COLE Data for one of the following purposes: (i) direct mail, ii) conducting telephone solicitations, or iii) conducting telephone or direct mail surveys.) Upon Termination of this Agreement for any reason, all previously authorized use as described herein shall cease and you shall, at COLE’s request, promptly return to COLE.
- Resale Prohibition. You agree that it will not, (i) copy or otherwise reproduce any COLE Data except as necessary for back up or security purposes, (ii) resell, or otherwise provide or disclose to any third party, any COLE Data, in whole or in part, for any purpose whatsoever, and/or (iii) attempt, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria and/or methodology developed or used by COLE in performing the Services.
- Manner of Use. You agree that you will use the COLE Data provided under this Agreement for (reference and/or marketing) purposes only, in accordance with applicable federal, state and local laws, industry guidelines including but not limited to Direct Marketing Association Guidelines (www.the-dma.org), your own privacy policies and in a manner that gives due consideration to matters concerning privacy and confidentiality. You will not in any marketing communication with any consumer utilizing COLE Data refer to any selection criteria or presumed knowledge about the recipient. The COLE Data may not, (i) be merged or incorporated with any other third party file without the express written consent of COLE, (ii) be used to enhance a file or list owned by any third party, (iii) be used to develop any file, list, enhancement or other product, (iv) and/or to prepare, publish, clean or maintain any directory. You shall not grant access to the COLE Data to individuals incarcerated in prisons or correctional institutions. You shall not combine any COLE Data with any personally identifiable consumer data collected online unless the subject consumer has been given adequate notice and choice with respect to such use, and you have complied with and continue to comply with such notice.
- Internet Use. You shall not use COLE Data or Services in any electronic solicitation or internet application without the prior written consent of COLE.
- Copy Review. Upon request, you will provide COLE with a copy of all components of any direct marketing offer, including without limitation all mail pieces, letters, inserts and envelopes or any telephone script (“market communication pieces”) for review and approval prior to conducting any associated solicitation or survey utilizing COLE Data. Such review shall be for the purpose of ensuring consistency with the restrictions set forth in this Agreement. COLE may suspend or cancel Services where you fail to comply with this requirement.
- Security. You shall provide for the physical security of COLE Data provided for Services with the same degree of care (provided that such is a reasonable degree of care) that your uses to protect your own most sensitive data. Following any termination of this Agreement, you shall destroy or return to COLE all COLE Data provided under this Agreement.
- FCRA. You understand that COLE Data has not been collected for credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC Section 1681a. You represent and warrant that you shall not use any COLE Data as a factor in establishing any consumer’s eligibility for (i) credit or insurance used primarily for personal, family or household purposes, (ii) employment purposes, or (iii) other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.
- Do Not Call (“DNC”). You acknowledge that certain laws, rules and regulations restrict telemarketing activities, including those that permit consumers to give notice that they do not wish to receive telephone solicitation calls. Due to the varying and changing nature of such laws, rules and regulations and the nature of your intended use of (COLE Data within fixed media), IHM and COLE make no warranty that the names or telephone numbers of such individuals have been identified on or deleted from the COLE Data and shall have no liability with respect thereto.
You agree to indemnify, hold harmless and defend IHM, at your expense, against any and all third party claims, actions, proceedings, and suits brought against IHM or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by IHM or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your use of COLE Data. In such a case, IHM will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. IHM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
VI. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. IHM and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
IHM does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
THE SERVICE IS [PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY IHM EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. IHM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
VII. SERVICE LEVELS
IHM does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond IHM’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where IHM or your servers are located or co-located.
VIII. LIMITATIONS OF LIABILITY
IHM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF IHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
IHM’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO IHM FOR USE OF THE SERVICE.
IX. TERM AND TERMINATION
Either party may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
Upon any termination of this agreement, (i) IHM will cease providing the Service; (ii) any outstanding balance payable by you to IHM will become immediately due and payable; (iii) you will not be entitled to any refunds of any usage fees or any other fees.
X. MODIFICATION TO TERMS OF SERVICE AND OTHER POLICIES
IHM reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the IHM website located at http://www.interactivehailmaps.com/ (or such other URL as IHM may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of IHM, (ii) you accept updated terms online, or (iii) you continue to use the Service after IHM has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
XII. MISCELLANEOUS; APPLICABLE LAW AND VENUE
IHM shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Texas without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Texas law, rules, and regulations, Texas law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Austin, Texas. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to IHM must be sent to: Interactive Hail Maps, 300 New Hope Dr., Cedar Park, TX 78613, USA, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunto without IHM’s prior written consent, and any such attempt is void. The relationship between IHM and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.