In order to operate the Services, maximize your experience, and provide you with enhanced Services, we may collect and use information, some of which may be considered personal data. We collect information from and about you in the following ways:
One of the most valuable assets of our business is you. As part of the Services, we will prepare and maintain aggregated information collected from the Services and use it for our business purposes. This aggregated information will not contain identifiers that identify you or other individuals.
Except as described below, we do not rent or sell personal data about you with other people or non-affiliated companies.
If you have registered a user account with us, you may reset your password, update your personal data, correct information, delete your account or opt-out of certain Services, by accessing your account or you may contact us directly at wuhelp@Setpoint LLC.com, subject to certain exceptions prescribed by law.
You may have the right to access, update, and correct inaccuracies in certain of your personal data in our custody and control, subject to certain exceptions prescribed by law. You may request to access, update and correct inaccuracies in personal data we have in our custody or control by writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to his or her personal information records.
We are committed to protecting the safety and privacy of young people using the Internet. We do not knowingly collect personal data from children under age 13. We believe that children should get their parents’ or guardians’ consent before giving out any personal data. If you become aware that we have collected personal data from a child without parental consent, please notify us promptly at wuhelp@Setpoint LLC.com. If we become aware that a child under age 13 has provided us with personal data without parental consent, we will take steps to remove such personal data.
If you are a California resident under age 18 and are a registered user of any of the Services, then you may request that we remove any Submissions that you publicly posted on or in the Services. To request removal of a Submission, please send an email with a detailed description of the specific Submission to wuhelp@Setpoint LLC.com. We reserve the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.
We will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your Submission.
The Services are intended for users located in the United States. The Services are hosted on servers inside and outside the United States. If you are located in the European Union or elsewhere outside of the United States, information that we collect (including through cookies) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen. By using our Services and providing information to use, you consent to the transfer to and processing of information in the United States.
We have put in place physical, electronic and managerial procedures intended to protect your data. Of course, we cannot guarantee that your communications with the Services will never be unlawfully intercepted or that your personal data will never be unlawfully accessed by third parties. Any transmission of information is at your own risk.
The Setpoint LLC.com site is (the "Site") is owned and operated by The Setpoint LLC,. Listed below are the terms and conditions of use (the "Terms") for this Site. By using, accessing and/or viewing information on the Site, you (the .Participant.) agree to be bound by these Terms. If you violate these Terms, SetPoint LLC has the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the Site. participant understands and agrees that its use of this Site is a benefit voluntarily given by SetPoint LLC and that SetPoint LLC may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this Site or the services and information offered herein.
You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms and in the Photo Gallery Agreement (where applicable).
Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Specifically, some of Data on this Site, including all data derived from the Setpoint LLC, is unique and proprietary and is not available for commercial use without the advance written consent from Setpoint LLC. ANY USE OF THIS DATA SHALL ACKNOWLEDGE Setpoint LLC.com. Setpoint LLC will take appropriate legal action to protect and safeguard any unauthorized use of this Data.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Setpoint LLC Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
P.O. Box 724554
Atlanta, GA 31139
Email: email@example.com This contact information is only for reporting copyright infringement under United States law. Contact information for other jurisdictions or other matters is provided below or elsewhere on this site.
Setpoint LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in paragraph 4 above.
Setpoint LLC shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Setpoint LLC shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of Setpoint LLC.
The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by Setpoint LLC or by any of its third-party providers regarding the content of those other websites. Neither Setpoint LLC nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. Setpoint LLC will not be responsible for the illegality of or any error in accuracy in any advertisers. or sponsors. materials. participant understands and agrees that, in order to provide for the use of this Site, Setpoint LLC contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.
Setpoint LLC assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither Setpoint LLC nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. Setpoint LLC DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
You agree to indemnify and to hold Setpoint LLC, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.
Without limiting its other remedies, Setpoint LLC may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. Setpoint LLC may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. Setpoint LLC does not assume any obligation to notify you of changes to these terms and conditions.
These terms and conditions and your access to and use of information from the Site are governed by the laws of the State of Idaho. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in ADA County, Idaho.
These terms and conditions of use for this website constitute the entire agreement between you and Setpoint LLC regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of Setpoint LLC.
By clicking on "Yes - I agree", you will be subscribing for the Setpoint LLC Weather Service. As a subscriber, you will receive from Setpoint LLC updates of National Weather Service forecasts and weather alerts (the "Weather Updates"). By your subscribing for the Weather Updates (the "Subscription"), you agree to the SUBSCRIPTION TERMS and USER TERMS AND CONDITIONS detailed below.
Your Subscription is included at a cost to you of 5 locations or 10 locations. In accepting the Subscription, you acknowledge that you will receive 5 or 10 locations at the subscription cost. SetPoint LLC has the right to change the subscription cost at any time.
Your Subscription will begin on the date that you click "I agree". You will have the right by notice to Setpoint LLC to terminate the Subscription at any time and for any reason. Setpoint LLC will have the right by notice to you to terminate the Subscription at any time and for any reason.
Any notices from Setpoint LLC.com to you will be to the e-mail address from which you sent your "I agree" to sign up for the Subscription. Any notice from you to Setpoint LLC will be sent to firstname.lastname@example.org.
You may access, view and make copies of information in the Weather Updates only for your personal use. You may not publish or otherwise distribute any information in the Weather Updates for any purpose.
The Weather Updates, and all information contained in the Weather Updates, is the property of Setpoint LLC or its third party providers. All information in the Weather Updates is proprietary to Setpoint LLC or its third party providers. You do not acquire or have any ownership or other proprietary interest in any information contained in the Weather Updates. You agree that information contained in the Weather Updates is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
All information in the Weather Updates is provided to you on an "as-is" basis. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN. SETPOINT LLC.COM DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE WEATHER UPDATES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
Setpoint LLC will use commercially reasonable efforts to publish and transmit the Weather Updates on a continuous and timely basis. Setpoint LLC is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Weather Updates; or for the failure to transmit any Weather Updates resulting from any natural disasters, wars, labor strike or other events beyond the control of Setpoint LLC.com. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
You acknowledge that, Setpoint LLC cannot and does not assume any responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of receiving the email such as pager charges, or as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Weather Updates. You agree that Setpoint LLC.com will not be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Weather Updates or any contractual or other dealings or relationships you may have with third parties based upon any information included in the Weather Updates.
You agree to indemnify and to hold Setpoint LLC, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of the Weather Updates, including, without limitation, any violations by you in the terms and conditions for your use of the Weather Updates.
This Subscription Agreement and your access to and use of information from the Weather Updates are governed by the laws of the State of Idaho. In the event of any dispute regarding the enforcement or interpretation of this Subscription Agreement or your compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in ADA County, Idaho.
This Subscription Agreement constitutes the entire agreement between you and Setpoint LLC regarding your access to the Weather Updates and your reproduction and use of any information in the Weather Updates.
If you connect to Setpoint LLC Data Feed, you will be able to pull and to decode weather related data from the non-public website of SETPOINT, LLC.
In addition, because of the special features of Setpoint LLC Data Feed, by accessing and viewing information from Setpoint LLC Data Feed you agree to be bound by these special terms: (1) you will not modify the data from Setpoint LLC Data Feed in any way; (2) you will not modify the link structure to Setpoint LLC Data Feed; (3) you will not modify Setpoint LLC’s logo that is included in the data; and (4) in all uses of the data, you will credit Setpoint LLC by name as the source of the data.
As with all data that you access from the Site, the data that you pull from Setpoint LLC Data Feed may only be used by you for personal, non-commercial purposes.
If you violate any of the general or specific terms applicable to Setpoint LLC Data Feed, Setpoint LLC has the right to terminate your use of the Site and the Data Feed and to take appropriate legal actions against you.
Setpoint LLC reserves the right to change these general or special terms at any time by posting on the Site. You understand and agree that your use of the Site and Setpoint LLC Data Feed is a benefit voluntarily given by Setpoint LLC and that Setpoint LLC may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to these general and special terms, you cannot use Setpoint LLC Data Feed or the services and information offered therein.