Terms of Service
Weatherwaves.co is a product offered by Innover Group ("we," "us," or "our").
We are pleased to provide you its browser extensions/add-ons (the “Extension(s)”) for search applications installed on your computer.
Please carefully read the terms of the below agreement (“Terms of Service”). This Terms of Service is a legal and enforceable contract between us and you. By accessing, downloading, installing and/or using the website and/or the Extension, (1) you represent that you are at least 18 years of age and have the authority to enter into this Terms of Service; and (2) you acknowledge that you accept the terms and conditions of and agree to be bound by this Terms of Service, including any amendments. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS Terms of Service YOU SHOULD STOP ACCESSING THE WEBSITE, STOP THE DOWNLOAD OR INSTALLATION OF THE EXTENSION, OR DISCONTINUE USE OF AND/OR UNINSTALL THE EXTENSION. We reserve the right to change or amend this Terms of Service at any time. Please review it frequently for any amendments. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE EXTENSION AFTER SUCH AMENDMENT SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE Terms of Service AS AMENDED.
If you have any questions about this Terms of Service or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
Suite 2409, Everbright Centre, 108 Gloucester Road, Wanchai, Hong Kong
2. GRANT OF LICENSE
Subject to your compliance with this Terms of Service, you are granted a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current version of the Extension (including all updates) solely for your lawful, personal, and non-commercial use.
3. USE RESTRICTIONS
Restricted Use. Without limiting the license in Section 2, you are explicitly prohibited (either directly or indirectly) from (i) selling, leasing, sharing, sublicensing, distributing, assigning, copying (other than a single copy for backup), transferring or using the Extension for the benefit of any third party; (ii) installing the Extension on any computer that does not belong to you without permission from the owner of that computer; (iii) using any automatic or manual device, robot, spider or other process to interfere or attempt to interfere with the proper function of the Extension; (iv) violating or attempting to violate the security of the Extension; (v) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise tamper with the Extension; (vi) removing any proprietary notices, serial numbers, labels, or copy protection features from the Extension; (vii) using the Extension in any fraudulent or unlawful manner, including, without limitation, by defacing, degrading or impeding the Extension or us; (viii) using the Extension in any way which violates or may be used to violate any applicable law; (ix) using the Extension in any way which interferes with anyone else’s use of the Extension; (x) accessing, creating or modifying (“Modification(s)”) the source code of the Extension; and/or (xii) creating derivative works (“Derivative Work(s)”) comprised of the Extension. All Modifications or Derivative Works shall remain the sole property of us.
Products Updates. We reserve the right to change, add or remove features or functions of the Extension. We may require that you update the Extension periodically so the Extension performs better. We may update automatically with or without notice to you.
Mobile Installations. Using your mobile device to access the Extension may cause your network or mobile service provider to charge you messaging, data and other rates and/or fees. To the extent your mobile service provider notifies you that you are prohibited from downloading, installing and/or using the Extension, you agree to discontinue use of and uninstall the Extension. You acknowledge that the Extension may not function properly with all mobile devices.
4. AUTHORIZED INFORMATION PROCESSING AND STORAGE
5. THIRD-PARTY SERVICES AND CONTENT.
The Extension provides access to search results or other links to third-party websites over which we have no ownership or control. The Extension may also integrate with, be integrated into, be bundled, or be provided in connection with third-party services, feeds and/or content. All products, services, feeds, websites and other content, including without limitation, all data, links, articles, graphic or video messages, information, text, software, music, sound, graphics or other materials made available or accessible through the Extension (“Third-Party Materials”) are the sole responsibility of the entity or person from whom they originated. Third-Party Materials may be subject to separate Terms of Service and privacy policies. You acknowledge that, by using the Extension, (i) you may be exposed to Third-Party Material that is offensive, indecent or objectionable; (ii) we do not endorse any Third-Party Material; (iii) we do not bear any responsibility or liability for Third-Party Material; and (iii) you accept all damages, loss and/or risk associated with your use of any Third-Party Material, including reliance on any Third-Party Material.
6. SECURITY OF INFORMATION
We use industry and proprietary technical standards to preserve the confidentiality of information we collect. However, no security system can be 100% secure; accordingly, we do not guarantee the security of the information we collect online. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
7. PRIVACY STATEMENT AND POLICY.
The Extension, including its source code, graphics, content, protocols, software, logos and documentation belongs to us and is protected by laws governing Intellectual Property Rights. You may not delete, alter, or remove any Intellectual Property Rights notice placed on or in the Extension. For purposes of this Terms of Service, Intellectual Property Rights shall mean all rights under any patent, trademark, copyright and/or trade secret law, and any other intellectual property or proprietary rights recognized in any country or jurisdiction, including, without limitation, moral rights.
9. DMCA POLICY AND NOTICE.
We respect, and expect all our users to respect, all Intellectual Property Rights. In the event that we are notified of a potential or actual violation of a copyright, we will take appropriate actions to investigate and remove any content that infringes that copyright. We have adopted the following policy pertaining to copyright infringement, which accords with the Digital Millennium Copyright Act. Any notification of claimed infringement should be provided to our agent designated to receive notifications of claimed infringement (“Designated Agent”):
Elements of notification. A notification of claimed infringement must be a written communication provided to the Designated Agent that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (the “Subject Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Subject Material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the Subject Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Action upon receipt of notification. Upon receipt of a notification in accordance with Section 9.1, we will attempt to remove or disable access to the Subject Material and take reasonable steps to promptly notify the complaining party that we have removed or disabled access to the Subject Material.
Elements of counter-notification. Unless we learn that the owner of a copyright in the Subject Material has filed an action seeking a court order against us, we reserve the right to replace or cease disabling access to Subject Material not less than ten (10) days after we provide to the complaining party a counter-notification from the person or entity (the “Subscriber”) that posted the Subject Material, provided the counter-notification includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the Subject Material and the location at which the Subject Material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the Subject Material was removed or disabled as a result of mistake or misidentification of the Subject Material;
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for the Southern District of New York, and that the subscriber will accept service of process from the person who provided notification under Section 9.1 or an agent of such person.
You agree that we, in our sole discretion, may modify or discontinue or suspend the Extension and/or your right to use the Extension at any time without notice. You further agree that we shall not be liable to you or any third-party for any suspension, termination or disabling of the Extension.
11. DISCLAIMER OF WARRANTY
THE EXTENSION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE WITHOUT LIMITATION. WE MAKE NO WARRANTY THAT THE EXTENSION WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS OBTAINED FROM USE OF THE EXTENSION WILL BE ACCURATE OR RELIABLE, OR THAT THE EXTENSION WILL MEET YOUR EXPECTATIONS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE EXTENSION REMAINS SOLELY WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES THAT ARE PROVIDED BY THIRD PARTIES BY OR THROUGH THE EXTENSION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE EXTENSION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION. IF ANY PART OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE EXTENSION, AND NO WARRANTIES SHALL APPLY AFTER THE INITIAL THIRTY (30) DAY PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS HARMLESS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE EXTENSION, YOUR VIOLATION OF THIS Terms of Service OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
14. NOTICE TO GOVERNMENT END USERS.
The Extension and its related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
No Waiver. No failure or delay on our part to exercise any right or remedy under this Terms of Service shall operate or be deemed as a waiver of any such right or remedy.
Governing Law; Forum Selection. This Terms of Service shall be governed by and construed under the laws of the State of New York, without regard to conflicts or choice of law principles. Except as otherwise noted, all claims arising out of or relating to this Terms of Service shall be resolved by arbitration in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Any such arbitration shall be conducted in the State of New York, or in such other place as may be mutually agreed between us and you (collectively, the “Parties”) and shall be heard by a panel of one arbitrator mutually acceptable to the Parties or, if the Parties are unable to agree on an arbitrator, an arbitrator appointed in accordance with the rules of JAMS. The decisions and awards of an arbitrator regarding any dispute shall be (i) final and valid, non-appealable, and binding upon the Parties, and (ii) enforceable in any court of competent jurisdiction. In the event that any dispute arising under, in connection, or with respect to this Terms of Service is resolved by arbitration, the prevailing party shall be entitled to recover from the non-prevailing party the fees, costs and expenses (including, but not limited to, the reasonable fees and expenses of counsel) incurred by the prevailing party in connection with, or as a result of, such dispute. In addition, the non-prevailing party shall pay the fees and expenses of the arbitrator.
Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. The Parties agree that all disputes, claims or controversies shall be brought and resolved on an individual basis, and that any disputes, claims, and controversies arising out of or relating to the Extension (including, but not limited to, your access and/or use of the same or the handling of information collected) or this Terms of Service (including, but not limited to, its validity or enforceability) will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Parties further agree that neither we nor you shall participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to the Extension (including, but not limited to, your access and/or use of the same or the handling of information collected) or this Terms of Service (including, but not limited to, its validity or enforceability). This Section shall apply to any claims asserted by you against any of our present or future parent, subsidiary or affiliated companies and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this Terms of Service or the Extension.
16. CONTACT INFORMATION
If you have any questions about this Terms of Service or you want to receive further information regarding the use of our website/services, or to give suggestions, please contact us by postal mail or email as follows:
Suite 2409, Everbright Centre, 108 Gloucester Road, Wanchai, Hong Kong