WeatherFlow Hardware Products Terms
Effective Date: October 5, 2020
YOUR PURCHASE OF A DEVICE REQUIRES THAT YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT UNDERSTAND THE AGREEMENT OR DO NOT ACCEPT ANY PART OF THE TERMS HEREIN, DO NOT PLACE AN ORDER FOR A DEVICE.
2. Device Data
Your Device may automatically send data and other information to WeatherFlow about your use of the Device or any of the measurements and other observations measured or recorded by your Device. You understand, acknowledge, and agree that the data and other information (“Consumer Station Data”) transmitted to WeatherFlow by any Device will be owned by WeatherFlow or its licensors. Unless expressly stated otherwise in this Agreement, WeatherFlow retains all right, title, and interest in and to any and all Consumer Station Data. In the event any Consumer Station Data is not owned by WeatherFlow, you grant WeatherFlow a worldwide, non-exclusive, irrevocable, perpetual, fully paid up, transferable, sublicensable right and license to use, reproduce, distribute, sell, create derivative works of, modify, translate, publish, sublicense, and otherwise exploit for any purpose whatsoever, the Consumer Station Data, without notice, attribution, or compensation to you.
Some Devices allow you to measure, record, and store data locally, without sending it to WeatherFlow (referred to as “Locally Stored Data”). WeatherFlow makes no claim to such Locally Stored Data so long as the data is stored locally and not transmitted to WeatherFlow.
3. Use of the Device
Please carefully read any instructions that come with the Device, including instructions that may be available online or delivered via mobile app as part of initial setup. We encourage you to refer to the WeatherFlow Help Center if you need help setting up or troubleshooting your Device, or if you have questions about your Device’s functions or features.
Our Devices are designed to be best-in-class weather sensors for residential use, and our goal is to provide you with a product that delivers data accuracy, simplicity, ease-of-use, low maintenance, and high reliability. In order for our Devices to deliver on these goals, the Devices must be properly installed and used. Any improper installation or use of a Device, or any damage resulting from such improper installation or use, renders void any applicable Device Warranty. In general, and without limitation, the following types of damage will void a Device Warranty: damage due to negligence; abuse, misuse, or unintended use (for example, dropping a Device, submerging it in water or any other substance that the Device was not expressly intended to be submerged in, or applying improper electrical power); accident; modification; tampering, disassembly, or alteration; vandalism; faulty installation; repair by a party other than WeatherFlow; and/or acts of God (for example, lightning strikes or earthquakes). Please refer to the WeatherFlow Support Center for more information about how to properly install and use your Device.
If you choose to purchase and install a Device, you understand, acknowledge, and agree that there are risks associated with installing and using the Device that may result in loss or damage to person, property, or the Device itself. You agree that by purchasing and installing a Device, you assume full responsibility for such loss or damage. If you do not accept these risks, then you may not use the Device, and you may return it in accordance with our Return Policy (below).
Devices are only intended for use in the destination country (the “Intended Use Country”) to which the Device was originally shipped upon initial purchase from WeatherFlow or an authorized reseller. All applicable warranties are rendered void if a Device is operated outside of the Intended Use Country. ]
4. Repairs; Warranties; Disclaimer of Warranties
We want you to be satisfied with your WeatherFlow Device, which is why we offer certain policies and warranties, as further described herein.
We offer two warranty policies: a Two Year Warranty and a Ten Year Limited Warranty (each, a “Device Warranty”). All Device Warranties are non-transferable; only the original Device purchaser is eligible to claim a Device Warranty. We do not support use of a Device outside of the Intended Use Country. Unless otherwise required under applicable laws, any use of a Device outside of the Intended Use Country disqualifies the Device from our Device Warranties. If we are unable to verify that you are the original purchaser, we may require you to provide us with proof of purchase of your Device prior to honoring a Device Warranty request.
Two (2) Year Warranty - If the Device is or becomes inoperative as a result of a manufacturing defect within two (2) years from the date of purchase, we will replace it with a comparable replacement product at no cost. This includes Device failure due to defect, but does not include failure due to misuse in unintended ways, abuse such as dropping the Device, natural causes including lightning strike, or unnatural causes such as vandalism. If we provide you with a replacement Device, you agree that we may exchange the defective Device with a comparable new or refurbished Device. You may be required to return the defective Device for inspection. Please Contact Us for instructions on how to return your Device to us for a replacement. You may be responsible for return shipping costs. Shipping costs are non-refundable.
Ten (10) Year Limited Warranty - If a Device is or becomes inoperative as a result of a manufacturing defect outside of the Two Year Warranty period but less than ten (10) years from the date of purchase, WeatherFlow offers a 60% discount off manufacturer suggested retail price (MSRP) on a replacement Device. As necessary WeatherFlow reserves the right to utilize repackaged Devices, Devices with slight cosmetic blemishes, or substitute a comparable device. Simply return the failed Device to WeatherFlow (you are responsible for any shipping expense). Please Contact Us for full instructions on where to ship your Device and obtain your discount under our Ten Year Limited Warranty.
Better Forecast Guarantee - Our Better Forecast Guarantee is a return policy which applies only to Tempest Weather Systems for the 8 months immediately following the date of purchase. WeatherFlow guarantees the Tempest System will produce a better forecast for the specific location in which it is installed. To qualify: you must properly install your Tempest System at a single fixed location and consistently measure and report data for a period of at least 6 continuous months; and your Tempest System must be free of damage and fully functional for the entire 6-month period (although reasonable signs of use are acceptable). If you believe the forecast provided by your Tempest System is not measurably superior to forecasts publicly available elsewhere for the 2-month period immediately preceding your request, you may request a full refund for the Tempest System up to 8 months after the date of purchase. You must provide us with a statement that includes enough information for us to reasonably ascertain that the Tempest System did not perform to this standard. We may require you to return the Tempest System at your expense. Please Contact Us so we can begin processing your refund request.
OTHER THAN THE WARRANTIES REFERRED TO IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERFLOW AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. USE OF ANY DATA OR INFORMATION OBTAINED FROM A DEVICE WILL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, DATA, PERSON, OR PROPERTY THAT RESULTS FROM THE USE OF THE DEVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM WEATHERFLOW, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
The data, information, reports, and measurements (“Device Data”) measured by a Device or provided by WeatherFlow, whether Consumer Station Data, Locally Stored Data or otherwise, and including but not limited to weather forecasts, are intended as a reference only. You agree and acknowledge that you assume full, exclusive, and sole responsibility and risk for your use of and reliance on any Device Data.
5. Return Policy
Unconditional 60-Day Return Policy - All of our non-sale Devices come with a 60-day money back guarantee from the date of purchase. To be eligible for our 60-Day Return Policy, your Device must be in new or reasonable condition per normal use and in its original packaging. Devices may not be altered or damaged in any way. Please contact us to request a return. We will ask you to return the Device to us and begin processing your refund once we receive and inspect the returned Device. You are responsible for paying return shipping costs.
Sale Items - From time to time we may offer special sale priced items. Sale items are final-sale and not eligible for refund.
Exchanges - If you receive a defective or damaged item, it may be eligible for exchange or replacement. Please Contact Us if you need to request an exchange or replacement. We will ask you to return the defective or damaged item to:
1575 Aviation Center Parkway
Daytona Beach, FL 32114
United States of America
You are responsible for paying return shipping costs. Shipping costs are non-refundable. If we provide you with a pre-paid return label, we will deduct the cost of return shipping from any refund we issue to you. Depending on where you live, the time it may take for your return to reach us, or your replacement product to reach you, may vary. If you are shipping an item over $75 USD, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item, and we have no responsibility or obligation if it gets lost in transit.
Refund Processing - If we issue you a refund for any reason, we will issue you a credit for the purchase price plus applicable taxes, less any non-refundable shipping costs, to your original payment method. It may take up to 8 weeks before you see your refund in your account. If you still have not received your refund after 8 weeks, please Contact Us, and we will help you locate the missing funds.
6. Shipping Policy on orders from shop.weatherflow.com
Like you, we want delivery to be as fast, inexpensive, and hassle-free as possible. For orders placed via shop.weatherflow.com, we typically use United Parcel Service (UPS) or the US Postal Service (USPS) to deliver packages from the WeatherFlow fulfillment center in Daytona Beach, Florida, USA. We may also, in our sole discretion, use other qualified parcel carriers at any time. If you live down the street from us in Northern Florida, you will get your Device faster than if you live in Hawaii.
Customs - As the customer and importer, you are liable for all import duties (including VAT), customs, and local taxes levied by your country of residence. Please note that your order total displayed at checkout may not include all of these additional duties, fees, or taxes. For example, UK residents might expect a customs charge of at least 20% of the total value of the purchased item (the full product value, not a promotional or discount price paid). Also, in some cases, the contracted carrier (e.g., USPS) will hand off a package to a local post for final delivery, which may incur an additional fee which is your responsibility to pay. The local carrier will inform you of any additional duties before they deliver your shipment. WeatherFlow cannot control these fees and is not responsible for their payment.
You acknowledge and agree that payment of customs, carrier, duty, or other fees may be necessary to release your order from customs or for you to receive your shipment. We are not responsible for any packages held by international customs agencies or any carrier, and we are not responsible for informing you of these agencies and their actions (that is beyond our control!). Please check with your country's customs office to determine their procedures and any potential charges. If you choose to refuse the customs fee and the shipment is returned back to WeatherFlow, we will refund your purchase price and any taxes you paid for your purchase through our Store, less a non-refundable shipping and handling fee.
We really want you to be happy with your WeatherFlow purchase. We go to great lengths to craft superior weather products. We realize that shipping (especially international shipping) is part of your product experience -- but unfortunately, it is largely out of our control. Until we own our own planes, have a global staff of delivery people, and have control over international trade policy....we simply need to rely on the process. We are human. If you have suggestions for improvements to your shipping experience, please let us know: Contact Us.
7. Import and Export
The Device may be subject to import and export laws and regulations in the United States and elsewhere. It is solely your responsibility to comply with all domestic and international import and export laws and regulations that apply in connection with a Device. These laws may include restrictions on destinations, users, and end use.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERFLOW AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AND AGENTS (COLLECTIVELY, "WEATHERFLOW PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, OR PERSONAL OR PROPERTY DAMAGE, WHETHER OR NOT A WEATHERFLOW PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEATHERFLOW PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WEATHERFLOW UNDER THESE TERMS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WEATHERFLOW DISCLAIMS ALL LIABILITY OF ANY KIND OF WEATHERFLOW’S LICENSORS AND SUPPLIERS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Device Connectivity
You acknowledge that the Device does not come with a cellular data plan unless specifically noted, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. You agree that, unless specifically provided in any Device description page or otherwise agreed by WeatherFlow, we have no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that we do not control and are not responsible for.
Contact Us - You may contact us concerning any question about our products and services through the channels listed on our website or via our Contact Us page.
108 Whispering Pines Dr. Suite 245
Scotts Valley, CA 95066