Terms of Service
Terms and Conditions
Welcome to Canopy Weather LLC (Canopy Weather) and our CanopyWeather.com website (“site”). If you visit and/or purchase products or services within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit CanopyWeather.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Canopy Weather or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Canopy Weather, with copyright authorship for this collection by Canopy Weather, and protected by U.S. and international copyright laws.
TRADEMARKS
Canopy Weather's trademarks and trade dress may not be used in connection with any product or service that is not Canopy Weather's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Canopy Weather. All other trademarks not owned by Canopy Weather or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Canopy Weather or its subsidiaries.
LICENSE AND SITE ACCESS
Canopy Weather grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Canopy Weather. Except as further specified below, this license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Canopy Weather. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Canopy Weather and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Canopy Weather’s name or trademarks without the express written consent of Canopy Weather. Any unauthorized use terminates the permission or license granted by Canopy Weather. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CanopyWeather.com so long as the link does not portray Canopy Weather, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Canopy Weather logo(s) or other proprietary graphic or trademark as part of the link without express written permission.
Canopy Weather may provide its materials and services for use in association with certain commercial activities. Unless otherwise agreed in writing, any commercial uses of CanopyWeather.com are limited to those specified under this Agreement.
Commercial Use for Roofing Contractors. Roofing contractors (“Contractors”) may use the Site and materials located thereon in the following manners: (1) providing customers or potential customers with a single copy of a historical weather report or event map for the customer’s specific location; individual customers or potential customers may be provided a single copy of a historical weather report or event map, but historical weather reports and event maps may not otherwise be distributed on a widespread or public basis (for example, historical weather reports and event maps may not be included in advertising materials, mailings, materials on Contractor’s web site or included in communications intended for an audience of more than one customer or a customer’s insurance agents); or (2) providing a customer or potential customer’s insurance company with a single copy of a historical weather report or event map for purposes of substantiating an insurance claim. Any documents provided by Contractor under these provisions shall include or retain copyright notices and prohibitions against unauthorized copying. Notwithstanding anything herein, Contractors shall not provide access to Contractor’s account(s) with CanopyWeather.com to any third party. Other than customers or potential customers and insurance companies noted in this paragraph, Contractors shall not provide any materials provided by Canopy Weather to any third party without the express, written consent of Canopy Weather.
Commercial Use for Insurance Companies. Insurance companies (“Insurance Companies”) may utilize the Site and materials located therein for internal purposes only to verify an individual customer’s claim or generally analyze claims. Insurance Companies may make copies of materials provided by Canopy Weather solely as necessary for internal documentation purposes. Insurance Companies may provide customers with a single copy of materials provided by Canopy Weather for the sole purpose of substantiating acceptance or denial of a customer’s insurance claim. Insurance Companies shall not provide access to Insurance Company’s account(s) with Canopy Weather to any third party and, except as provided herein, shall not provide materials obtained from CanopyWeather.com to any third party without the prior, written consent of Canopy Weather.
Commercial Use for Insurance Adjusters. Insurance adjusters (“Adjusters”) may utilize the Site and materials located therein for internal purposes only to verify an individual customer’s claim or generally analyze claims. Adjusters may make copies of materials provided by Canopy Weather solely as necessary for internal documentation purposes. Adjusters may provide customers with a single copy of materials provided by Canopy Weather for the sole purpose of substantiating acceptance or denial of a customer’s insurance claim. Adjusters shall not provide access to Adjuster’s account with .com to any third party and, except as provided herein, shall not provide materials obtained from CanopyWeather.com to any third party without the prior, written consent of Canopy Weather.
Commercial Use for Paintless Dent Repair (PDR). PDR companies (“PDR Companies”) may utilize the Site and materials located therein for internal purposes only to find areas likely impacted by hail. PDR Companies shall not provide access to PDR Company’s account(s) with CanopyWeather.com to any third party. PDR Companies shall not provide materials obtained from CanopyWeather.com to any third party without the prior, written consent of Canopy Weather.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further represent and warrant that the information you provide in creating an account with CanopyWeather.com and using its services is true and accurate and that you are the sole person accessing the account with your user information.
If you are under 18, you may use our website only with involvement of a parent or guardian. Canopy Weather and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Canopy Weather may immediately terminate your account if any activity suggests your account has been compromised or shared with others or if you have breached any of your obligations under this Agreement. If you believe your account has been terminated in error, you may submit a request to Canopy Weather to have your account termination reviewed. If Canopy Weather determines in its discretion the termination was in error, you will be provided an account credit equal to the amount of time in which you were unable to access your account, which shall be your sole and exclusive remedy.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit/debit card or other content. Canopy Weather reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Canopy Weather and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Canopy Weather and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Canopy Weather or its associates for all claims resulting from content you supply. Canopy Weather has the right but not the obligation to monitor and edit or remove any activity or content. Canopy Weather takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS
Canopy Weather and its associates attempt to be as accurate as possible. However, Canopy Weather does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. However, since our products are electronic in nature, please note that ALL SALES ARE FINAL AND WE DO NOT OFFER REFUNDS.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED BY CANOPY WEATHER ON AN "AS IS" AND "AS AVAILABLE" BASIS. CANOPY WEATHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CANOPY WEATHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANOPY WEATHER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CANOPY WEATHER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANOPY WEATHER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
CANOPY WEATHER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER ACTUAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THIS SITE, OR PRODUCTS, PROGRAMS OR SERVICES AVAILABLE ON THIS SITE, THE UNAVAILABILITY OF THIS SITE, DAMAGE TO YOUR COMPUTER, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF THIS SITE, EVEN IF CANOPY WEATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR THE PRODUCTS, PROGRAMS OR SERVICES OFFERED IN THIS SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY PRODUCTS, SERVICES OR PROGRAMS PROVIDED THROUGH THIS SITE.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
APPLICABLE LAW
By visiting CanopyWeather.com, creating an account with CanopyWeather.com or obtaining materials from CanopyWeather.com, you agree that the laws of the state of Oklahoma, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Canopy Weather or its associates.
DISPUTES
Any dispute relating in any way to your visit to CanopyWeather.com or to products you purchase through CanopyWeather.com shall be submitted to confidential arbitration in Oklahoma, except that, to the extent you have in any manner violated or threatened to violate Canopy Weather's intellectual property rights, Canopy Weather may seek injunctive in addition to any other available relief in any state or federal court in the state of Oklahoma, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to CanopyWeather.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy or other policy related material can be directed to our support staff by emailing us at: [email protected]