Terms of Service

Last modified: Oct 17, 2019

Welcome to River Owl (hereinafter, "our" "us" or "we"), thank you for visiting our site. You must agree to abide to the terms below when you use our website, software and services (hereinafter, "Services") to view/receive gauge observation and forecast data (hereinafter, "Content"). Please read the Terms of Service (hereinafter, "TOU") carefully and in its entirety.

1. Acceptance

ANY PARTICIPATION IN OUR SERVICES WILL CONSTITUTE AGREEMENT OF THE TERMS DESCRIBED HEREIN. PLEASE READ THE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY. IF YOU OBJECT TO ANYTHING OUTLINED HEREIN PLEASE DON'T USE OUR SERVICES.

2. Privacy Policy

We have a Privacy Policy that outlines the data we collect and how it's used. You can view the Privacy Policy by clicking here. Your use of our Services signifies acknowledgement of and agreement to our Privacy Policy.

3. No Warranties

WE HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING OUR SERVICES AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE CANNOT GAURANTEE THE TIMELINESS OR ACCURACY OF ANY GAUGE OBSERVATIONAL DATA AND OR FORECAST DATA. YOU MUST CONSULT WITH LOCAL WEATHER SERVICE OUTLETS FOR ALL TIMELY AND ACCURATE INFORMATION.

4. Limitations of Liability

OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL OR PROPERTY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOST DATA, OR LOST PROFITS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US OR ITEMS PURCHASED OFF THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

5. Indemnity

You agree to indemnify and hold us and our officers, directors, employees, consultants, agents, and representatives harmless from any and all claims or demands, including reasonable attorney fees and court costs. The obligations under this clause will survive termination of these TOS.

6. Affiliate Relationships

We have a number of affiliate relationships with product sellers/resellers and service providers. For more on those relationships you can visit our Affiliate Disclaimer page by clicking here. We have no control over, and no liability for any third party websites or materials. A number of our affiliate relationships are linked to from within our Services. Since we have no control over their content we make no guarantees about their information, claims, content, or accuracy.

7. Termination of Service

We reserve the right to limit, suspend, or terminate Services in the event you fail to comply with the TOS. This may include suspension of your account. In addition to termination of service illegal activity may subject you to civil and/or criminal liability.

8. Notification of Claims of Infringement

We recognize and respond to any allegations that our Services are displaying material that is either copyright or trademark protected. In the event posted material is found to be infringing on a third party we will be required to remove said material. To make an infringement claim please visit our Contact page.

9. Copyright

10. No License

No grants or permissions are made to you to use any of the trademarks, service marks, images, or logos owned by us.

11. Governing Law/Jurisdiction

These TOS shall be construed in accordance with and governed by the laws of the United States and the State of New Jersey, without regard to any conflict of laws provisions. Any dispute arising under these TOS shall be resolved exclusively in the state and federal courts of the State of New Jersey, to which exclusive jurisdiction you hereby irrevocably consent to submit.

12. Notice of Change

We reserve the right to change this Policy at any time. We will convey the change of this Policy via email and/or through website notifications. All changes to the Policy become effective as soon as they are posted. Continued usage of our Services after TOS changes serves as acknowledgement that the new Policy has been read and is accepted by the user.

Contact

If you have questions regarding any of the items outlined in the TOS you can reach out to us via our Contact page.