Terms of Use

Herold is a subscription weather forecast service that provides members with access to various weather forecasts accessible over the internet or through mobile devices (the “Service”).

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.

These Terms of Use constitute an agreement by and between Energy & Weather Forecasting, LLC d/b/a Herold a Texas Limited Liability Company whose principal place of business is 4415 71st Street Suite 24, Lubbock, TX 79424 (“Herold”) and the person, corporation, LLC, partnership, sole proprietorship, or other business entity executing these Terms of Use (“Customer”). These Terms of Use is effective as of the date Customer clicks “Accepted and Agreed To” (the “Effective Date”).

EACH PARTY ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF USE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON EXECUTING THESE TERMS OF USE ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS.

  1. Acceptance of Terms of Use
  2.  

    These Terms of Use, which include our Privacy Statement and End User License Agreement (“EULA”) govern Customer’s use of the Service. Customer understands that by using, visiting, or browsing the Service, Customer accepts and agrees to these Terms of Use. IF CUSTOMER DOES NOT AGREE WITH THESE TERMS OF USE CUSTOMER SHALL NOT USE THE SERVICE.

                

  3. Changes to Terms of Use
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    Herold may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

                

  5. Privacy
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    Personally, identifying information is subject to Herold’s Privacy Statement, the terms of which are incorporated herein. Customer should review Herold’s Privacy Statement to understand Herold’s practices.

                

  7. Communication Preferences
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    By using the Service, Customer consents to receiving electronic communications from Herold relating to Customer’s account. These communications may involve sending emails to Customer’s email address provided during registration and will include notices about Customer’s account including but not limited to payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information. Customer agrees that any notices, agreements, disclosures or other communications that Herold may send satisfies any legal communication requirements, including that such communications be in writing. Customer should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

                

  9. Membership, Free Trials, Billing & Cancellation.

    1. Membership

      1. Ongoing Memberships
      2. Customer’s membership, which may start with a free trial, will continue month-to-month, or in some circumstances annually, and automatically renew unless and until Customer cancels membership or Herold terminates it. Customer must have Internet access and provide Herold with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Herold service.

      3. Differing Memberships
      4. Herold may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at Customer’s sign-up or in other communications made available to Customer. Customer can find specific details regarding Customer’s membership with Herold by visiting the Herold website (www.askherold.com).

    2. Free Trials

      1. Customer’s Herold membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Herold reserves the right, in its absolute discretion, to determine Customer’s free trial eligibility.

      2. Herold will begin billing Customer’s Payment Method for monthly membership fees at the end of the free trial period of Customer’s membership and Customer’s membership will automatically renew monthly unless Customer cancels prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price, visit the Herold website and click the “User Settings” link on the main webpage. Herold may authorize Customer’s Payment Method through various methods, including authorizing it up to approximately one month of service as soon as Customer registers. In some instances, Customer’s available balance or credit limit may be reduced to reflect the authorization during the free trial period.

    3. Billing

      1. Recurring Billing
      2. By starting a Herold membership and providing or designating a Payment Method, Customer authorize Herold to charge Customer a monthly (or annual) membership fee at the then current rate, and any other chargers Customer may incur in connection with Customer’s use of the Herold service, such as taxes or possible transaction fees, to Customer’s Payment Method.

      3. Price Changes
      4. Herold reserves the right to adjust pricing for the Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

      5. Billing Cycle
      6. The membership fee for the Service will be billed at the beginning of the paying portion of Customer’s membership and each month thereafter unless and until Customer cancel’s the membership. Herold automatically bills the Payment Method each month on the calendar day corresponding to the commencement of Customer payment membership. Annual memberships will be billed at the beginning of the next year. Membership fees are fully earned upon payment. Customer may view the date of commencement of membership on the “Company Settings” webpage. Herold reserves the right to change the timing of billing, in particular, as indicated below, if the Payment Method has not successfully settled. In the event Customer’s paying membership began on a day not contained in a given month, Herold may bill the Payment Method on a day in the applicable month or such other day as Herold deems appropriate. Customer’s renewal date may change due to changes in Membership. Herold may authorize Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable against the Payment Method. Unless otherwise stated differently, month or monthly refers to Customer’s billing cycle.

      7. No Refunds
      8. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, Customer will continue to have access to the service through the end of the current billing period. At any time, and for any reason, Herold may provide a refund, discount, or other consideration to some or all of Herold’s members (“Credits”). The amount and form of such credits, and the decision to provide them, are at Herold’s sole and absolute discretion. The provision of credits in one instance does not entitle Customer to credits in the future for similar instances, nor does it obligate Herold to provide credits in the future, under any circumstances.

      9. Payment Methods
      10. Customer may edit the Payment Method information at any time. If a payment is not successfully settled, due to expirations, insufficient funds, or otherwise, and Customer does not edit the Payment Method information or cancel Customer’s account (see, “Cancellation” below), Customer remains responsible for any uncollected amounts and authorizes Herold to continue billing the Payment Method, as it may be updated. This may result in a change to Customer’s payment billing dates. Herold may update the Payment Method with information provided by the applicable payment service provider, and Customer authorizes Herold to continue to change the membership fee to the update Payment Method. For certain Payment Methods, the issuer of Customer’s Payment Method may charge Customer a foreign transaction fee or other charges. Customer should check with Payment Method service provider for details.

      11. Cancellation
      12. Customer may cancel their Herold membership at any time, and Customer will continue to have access to the Herold service through the end of the monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel Customer may do so by clicking the “Cancel” button on the “Company Settings” webpage. If Customer cancels their membership, the account will automatically close at the end of the current billing period and will not open again until additional payment is received.

  10. Herold Service

    1. Customer must be 18 years of age or older to become a member of the Service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

    2. Customer agrees to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized in these Terms of Use, Customer agrees not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Services without express written permission from Herold and its licensors. Customer also agrees not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or, use any data mining, data gathering or extraction method. In addition, Customer agrees not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other compute code, files o programs.

    3. The Herold software is developed by, or for, Herold. This software may vary by device and medium, and functionalities may also differ between devices. BY USING THE SERVICE, CUSTOMER ACKNOWLEDGES AND AGREES TO THE END USER LICESNE AGEEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTIN, UPDATED VERSIONS OF THE HEROLD AND RELATED THIRD-PARTY SOFTWARE. IF CUSTOMER DOES NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE SERVICE. HEROLD DOES NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE.

    4. Herold may terminate or restrict Customer’s use of the Service, without compensation or notice if Customer is, or if Herold suspects that Customer is (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

  11. Passwords and Account Access

    1. The member who created the Herold account and whose Payment Method is charged is referred to here as the Super Administrator. The Super Administrator has access and control over the Herold account. The Super Administrator’s control is exercised through use of the Super Administrator’s password and therefore to maintain exclusive control, the Super Administrator should not reveal the password to anyone. In addition, if the Super Administrator wishes to prohibit others from contacting Herold and potentially altering the Super Administrator’s control, the Super Administrator should not reveal the Payment Method details (e.g., last four digits of their credit card or debit card, or their email address if they use PayPal) associated with their account. The Super Administrator is responsible for updating and maintaining the truth and accuracy of the information provided to Herold relating to the account.

    2. Customer understands that they should be mindful of any communication requesting that Customer submit credit card or other account information. Providing Customer’s information in response to these types of communications may result in identity theft. Customer should access sensitive account information by going directly to the Herold website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Herold reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Herold is not obligated to credit or discount a membership for holds placed on the account by either a representative of Herold or by the automated processes of Herold.

  12. Disclaimer of Warranty; Limitation of Liability
    1. Authority
    2. Customer represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations under these Terms of Use and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by these Terms of Use.

    3. Disclaimers
    4. CUSTOMER ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (I) HEROLD HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (II) HEROLD DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (III) HEROLD DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER’S CONTENT WILL REMAIN PRIVATE OR SECURE; AND (IV) HEROLD DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICES PROVIDED BY OTHER USERS OF THE SYSTEM OR OTHER THIRD PARTIES.

    5. Limited Liability
    6. TO THE EXTENT PERMISSABLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HEROLD, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO CUSTOMER FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    7. Other Jurisdictions
    8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, CUSTOMER UNDERSTANDS THAT SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO CUSTOMER.

    9. Survival
    10. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO CUSTOMER. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  13. Intellectual Property
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    Herold retains all right, title, and interest in and to the Services, including without limitation the Herold website, mobile applications and all other all software used to provide the Service and all graphics, user interfaces, logos, trademarks reproduced through the Service. These Terms of Use do not grant any intellectual property license or rights in or to the Service or any of its components. Customer recognizes that the Service and its components are protected by copyright and other laws.

                

  15. Governing Law Á Jurisdiction
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    Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that Customer may be entitled to under the mandatory laws of Customer’s state of residence. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Lubbock County, Texas

                

  17. Use of Information Submitted
  18.  

    Herold is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication Customer may send to Herold (“Feedback”), including responses to questionnaires or through postings to the Herold service, including the Herold website, worldwide and in perpetuity without further compensation, acknowledgment or payment to Customer for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, Customer agrees not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

                

  19. Technology Export
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    Customer shall not: (a) permit any third party to access or use the System in violation of any U.S. law or regulation; or (b) export any software provided by Herold or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the System in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria).

                

  21. Entire Agreement
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    These Terms of Use sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

                

  23. Survival
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    If any provision or provisions of these Terms of Use shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

                

            

            

Contact Information for the Web Editor of our Websites:

 

Energy & Weather Forecasting, LLC

Attn: General Counsel

4415 71st Street, Suite 24

Lubbock, TX 79424