Last Updated: June 19, 2024

 

Introduction

The following Terms of Service (“Terms”) are entered into by and between you and Clearweather (“Clearweather,” “we,” or “us”). The following Terms, together with our Refund Policy, Shipping Policy, and any documents incorporated by reference within this document govern your access to and use of https://clearweatherbrand.com/ (the “Site”) and our mobile application (collectively the “Services”).

THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.

Please read these Terms carefully before you use our Services. By using our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Term, you must not access or use our Services.

 

Changes to These Terms

We may amend or modify these Terms at any time by posting the revised agreement on the Site and/or providing you with a copy of the updated Terms to the email addressed associated with your account. The revised Terms will be effective as of the time they are posted. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services, and close your account, if applicable.

 

Accounts

Clearweather may, in its sole discretion, limit the number of accounts that you may hold, maintain, or acquire on our Services. You may register for an account to make purchases on our Services. Any personal information we collect from you is subject to the practices detailed in our Privacy Notice. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us registering for an account.

 

Eligibility to Use our Services

You represent and warrant that you: are at least 18 years old; have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; that you are not located in a region that is restricted from using our Services; and you will not use the Services if prohibited by any applicable laws. You represent that you meet all eligibility requirements for the Services at the time of using the Services and registering for an account.

By registering for an Account, you agree and represent that you will use your account only in your personal capacity, and not on behalf of any third party, unless you have obtained prior written approval from Clearweather.

 

Account Security

When you create an Account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current or complete. You also acknowledge that your account is personal to you and agree not to provide any other person with your username, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Clearweather, a Clearweather employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Clearweather or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

 

Payments

We use Shopify Pay to process your payments. When you make a purchase via our Services, Shopify uses your information solely to process your order and payment using PCI-DSS technology. For more information on Shopify Pay click here.

 

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on our Services.
• Send emails or other communications with certain content, or links to certain content, on our Services.
• Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Services or a portion of the Services to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Services other than the homepage.
• Otherwise take any action with respect to the materials on our Services that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Feedback

Clearweather welcomes suggestions, comments, and other feedback on the Services (“Feedback”) from all of its customers. If you provide Clearweather with Feedback, you agree that: (i) Clearweather is not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to Clearweather; (c) Clearweather may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind for Feedback.

 

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place on our Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Services are owned by Clearweather, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use our Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. You must not access or use for any commercial purposes any part of the Site we provide.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Clearweather. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Trademarks

The Clearweather name, Clearweather, and all related names, logos, product and service names, designs, and slogans are trademarks of Clearweather or its affiliates or licensors. You must not use such marks without the prior written permission of Clearweather. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

 

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Clearweather, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Clearweather. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Third-Party Links

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms of use for such websites.

 

International Use

Please be aware that we are headquartered in the United States and that our Services is governed by United States law. If you are using the Services or accessing our Services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

Clearweather makes no representation that the Services are appropriate or available for use in locations outside of the United States, and access to the Services from territories where the Services are illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services in violation of United States export laws and regulations.

If you use the Services outside of the United States you consent to the transfer, storage, and processing of your information to and in the United States and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Clearweather to any registration requirement within such jurisdiction or country.

 

SMS Marketing Notification Services

You may register and subscribe to receive mobile alerts from us. By subscribing, you expressly consent to receive recurring autodialed SMS alerts and notifications on your mobile device from us. To sign up, begin by texting ______ to ______. You may receive one or more welcome messages or administrative messages, such as a request to confirm your opt-in. The mobile alerts you receive depend on your user preferences.

You acknowledge and agree that message and data rates may apply, in addition to any applicable roaming charges. Message frequency may vary. Content may not be available on all carriers and carrier participation could change. Any charges you receive will be charged by your mobile service provider and payable by you. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. By opting in, you acknowledge that you are 16 years of age or older and understand the obligations and agree to these Terms of Service. The information you provide to opt in to text alerts is subject to our Privacy Notice. We reserve the right to modify this agreement at any time, and any modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment to our SMS notifications will constitute acceptance by you of such modifications, additions or deletions.

You represent that you are the account holder for the mobile telephone number(s) that you enroll and are responsible for notifying us immediately if you change your mobile number. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. You may opt-out of SMS communications at any time. You will receive a final message confirming your choice to opt-out, and no further messages will be sent to your mobile phone unless you choose to opt back in to the program.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or items obtained through the Services or to your downloading of any material posted on it, or on any site linked to them.

Your use of our Services is at your own risk. The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Clearweather nor any person associated with Clearweather makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Clearweather nor anyone associated with Clearweather represent or warrant that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.

To the fullest extent provided by law, Clearweather hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation on Liability

To the fullest extent provided by law, in no event will Clearweather, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to them, and including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold harmless Clearweather, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

 

Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of Santa Ana, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

At Clearweather’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by Clearweather of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Clearweather to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Force Majeure

Clearweather will not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

 

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Clearweather.

 

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Contact Us

For questions about these Terms please contact us at: cs@clearweatherbrand.com