Terms of Service
These Terms of Service govern your use of Wethr.net and its features.
Acceptance of Terms
By accessing or using Wethr.net (the "Service"), you agree to comply with and be bound by these Terms of Service, which form a legally binding agreement between you and Lead Spawn LLC, a Texas limited liability company ("Wethr.net" or "We"). If you do not agree, please refrain from using our site.
Use of the Website
You agree to use Wethr.net only for lawful purposes and in a manner that does not infringe on the rights of others. Prohibited activities include but are not limited to:
- Posting or transmitting harmful, offensive, or unlawful content.
- Interfering with the operation of the website.
- Attempting to gain unauthorized access to the website or its systems.
Intellectual Property
All content on Wethr.net, including text, graphics, logos, and software, is the property of Lead Spawn LLC (d/b/a Wethr.net) or its licensors and is protected by intellectual property laws. Unauthorized use of this content is prohibited.
Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers (collectively, "We" or "Us"), relating in any way to your access to or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify and the action remains in that court and proceeds only on an individual basis; and (2) either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to [BUSINESS MAILING ADDRESS]. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, under its rules then in effect, as modified by these Terms.
c. Arbitration Procedures and Costs. The arbitration will be conducted by a single neutral arbitrator in the English language. Unless you and We agree otherwise, any in-person hearing will take place in the county of your residence, and the arbitration may otherwise be conducted by telephone, video, or written submissions where the applicable rules permit. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules.
d. Authority of Arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of it is void or voidable. The arbitrator may award only the relief that a court could award on an individual claim under applicable law.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. The award of the arbitrator is final and binding upon you and Us.
f. Waiver of Class or Consolidated Actions. All claims subject to this Arbitration Agreement must be arbitrated on an individual basis and not on a class, collective, or representative basis. The claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user.
g. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential to the fullest extent permitted by law.
h. Severability. If any part of this Arbitration Agreement is found to be invalid or unenforceable, that part will be severed and the remainder will remain in full force and effect, except that if the waiver of class or consolidated actions is found unenforceable, then this entire Arbitration Agreement will be null and void as to such claims.
i. Right to Opt Out. You may reject this Arbitration Agreement by sending Us written notice within thirty (30) days of the date you first accept these Terms, to [BUSINESS MAILING ADDRESS], including your name and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor We will be bound by the arbitration provisions of this Section.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you had already provided notice to Us.
Consent to Data Collection
These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitation of Liability
Wethr.net, including all content, data, tools, and services made available through it, is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any information provided through the Site is accurate, complete, or current.
To the fullest extent permitted by applicable law, in no event will Wethr.net, Lead Spawn LLC, or our affiliates, officers, directors, employees, agents, vendors, or service providers (collectively, "We" or "Us") be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Site, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not We have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, our total aggregate liability for all claims relating to the Site will not exceed one hundred U.S. dollars (US $100.00) or the amount you paid Us, if any, to access the Site during the twelve (12) months preceding the event giving rise to the claim, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
Modification of Terms
We reserve the right to update these Terms of Service at any time. Changes will be effective immediately upon posting. Continued use of the site signifies your acceptance of the updated terms.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. You agree that any legal action or proceeding relating to your use of Wethr.net shall be instituted in a state or federal court in the State of Texas.
Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us at contact@wethr.net.