TERMS OF SERVICE
Last Updated: August 11, 2020
These terms of service (“Terms”) are a legally binding agreement between Asteroid LTD. (“Company”, “we”, “us”, or “our”) and you, a user of ("user" or "you") our add on browser extension known as "Weather Doggy" ("Product"). These Terms will apply when you download, install and use our Services (as defined below). It is important and recommended that you take the time to fully read these Terms.
By downloading, installing and using the Product, you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal electronic contract between you and us. If you do not agree to the Terms please do not use the Services in any manner whatsoever, and uninstall the Product.
Amendments
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last Updated" heading. Your continued use of the Product or Services following such amendments constitutes your acknowledgement and consent to such amendments to the Terms and your agreement to be bound by them.
Eligibility
In order to use our Services, you must be at least 16 years old, and of legal competence to enter into these Terms. You further warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization to enter into these Terms.
Our Services
We will provide you with our Product which intends to provide you with enhanced functionality of your browser and customize your experience. Once installed, the Product will change your browsers' new tab settings or features that you may choose to install and it may affect your browsers' search settings ("Services").
You are hereby granted with a limited, revocable, non-transferable license to use the Product solely for your personal and non-commercial purposes ("License"). The grant of the License is subject to your agreement to be bound by these Terms as well as your compliance with the provisions herein.
The Company reserves all rights, express or implied, in the Product including improvements, derivatives, and modifications, trademarks, service marks, product names, and trade names.
Intellectual Property
The Product and Services are owned by the Company, including any trade names, trademarks etc. Except as explicitly provided herein, no license, right, title or interest shall be licensed to you, and we reserve any and all rights, title and ownership of the Service and Product. You shall not use the Company’s name or copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
Representation and Warranties:
You hereby represent and warrants, as follows: (i) you will not commit any act which brings the Company into public disrepute, or which might harm the Company; (ii) you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws; (iii) You shall not, nor agree, authorize or encourage any third party to: (1) use the Services in a non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the Product and Services or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, disassemble the Services; (4) remove, deface, obscure, or alter the Product and Services or any content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Services; (5) use the Product and Services for benchmarking purposes; (6) use the Services to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation; (7) otherwise use the Product, Services or content in any unlawful manner or in breach of these Terms;
You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms, applicable laws or third party rights. We may prevent you from using the Services if we become aware of any action which breaches or which is reasonably construed as a breach of the Terms.
Privacy
Our Privacy Policy describes how we process, use, store and share your information when you download, install and use our Product and Services, and is incorporated in these Terms by reference.
Third Parties
Please note that the Product may include links (for example search results) to third parties’ websites or other webpages. These Terms of Use does not cover these third-parties’ web pages and their terms are not controlled nor endorsed by us. We are not responsible to such terms of use. Please review the applicable third-party terms and privacy policies when you access their webpages. Thus, any use of such content is at your sole risk and responsibility.
Updates and Upgrades
The Company may, at its sole discretion and from time to time, automatically update or upgrade the Product and its features. You hereby agree to such updates or upgrades, without receiving any prior notice from the Company of such. Your browser periodically checks for updates to all of your extensions - such updates are governed by your browsers' terms of use. Notwithstanding the above, the Company is not obligated to provide any updates, upgrades or support.
Disclaimer of Warranties
Except as provided herein, the Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Company does not warrant that the Services will operate error-free, or that the Product or Services are free of viruses or other harmful code or that the Company will correct any errors in the Services. You agree that Company will not be held responsible for any consequences to you or any third party that may result from technical problems. We make no representation or warranties that the Services are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company Group from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services in a way that does not comply with these Terms including any negligence and wrongful act on your part; (ii) your abuse or infringement of third party rights regarding the Services; and (iii) your breach of these Terms or any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
Termination and Changes of the Product and Services
You can terminate your use of the Services at any time. If you wish to terminate your use of the Services, you may do so simply by ceasing your use of the Services and uninstalling the Product. We may terminate these Terms and stop you from using all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Services at any time without notice to you and without any liability to you whatsoever in connection therewith.
Dispute Resolution
For any dispute that you may have with us, you agree to first contact us at: info@weatherdoggy.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, you and the Company hereby agree to resolve any claim by binding and exclusive arbitration through the American Arbitration Association. By entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person's claims.
If you do not agree to be bound by this provision, you must provide us with an explicit written notice of such, which shall include your name and address.
These Terms shall be governed by the laws of the State of New York, without giving effect to any principles of conflicts of law. Any dispute will be resolved exclusively in a state or federal court located in the Borough of Manhattan, New York. Any claim related to the Product shall be limited to twelve (12) months as of the applicable incident, and will be permanently barred thereon.
Miscellaneous
These Terms constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take any actions against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. User’s relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
Contact Us
If you have any questions or comments about these Terms, please contact us at: info@weatherdoggy.com