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”).
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.
- Communication Preferences
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.
Membership, Free Trials, Billing & Cancellation.
- Ongoing Memberships
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.
- Differing Memberships
- 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.
- 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.
- Recurring Billing
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.
- Price Changes
- Billing Cycle
- No Refunds
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.
- Payment Methods
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.
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.
- 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.
Passwords and Account Access
- 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.
- 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.
- Disclaimer of Warranty; Limitation of Liability
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.
- Limited Liability
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.
- Other Jurisdictions
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.
- Intellectual Property
- Governing Law Á Jurisdiction
- Use of Information Submitted
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.
- Technology Export
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).
- Entire Agreement