Terms and Conditions of Use
Welcome to Contrail!
Thank you for using our products and services. The products and services are provided by OneRain Inc. ("OneRain"), located at 1531 Skyway Dr. Unit D, Longmont, CO, 80504.
OneRain provides measurement devices and systems to measure, record rainfall and transmit data (the "Rainfall Data") to its customers throughout the contiguous United States through the use of the Contrail Application ("Application"). If available and requested, OneRain will make available radar and other data, images and maps from other vendors and sources, such as cities and counties, and the U.S. Geological Survey (collectively, the "Other Data").
Weather, lightning strikes, internet interruptions and outages, device failures, vandalism and various other occurrences outside the control of OneRain can affect the collection, monitoring, measuring, accuracy and transmittal of the Rainfall Data and the Other Data. The Other Data is owned by the providers of such information and OneRain has no control over or input in such Other Data. The Rainfall Data and the Other Data are provided "as is". You should not rely on the Rainfall Data or Other Data for any critical decisions or emergency situations. In such cases, you should contact the proper authorities for information.
Your access to and use of the Contrail Application is subject exclusively to these Terms and Conditions. You will not use the Application for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Application you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Application.
The materials on OneRain's Web Application are provided "as is". OneRain makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OneRain does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Web Application or otherwise relating to such materials or on any sites linked to this Application.
OneRain and the providers of the Other Data make no representation or warranty, express or implied, with respect to:
- THE ACCURACY, COMPLETENESS, TIMELINESS, QUALITY, OR USEFULNESS OF THE DATA, IMAGES, GRAPHS, MAPS OR OTHER INFORMATION OR SERVICES PROVIDED OR REFERRED TO IN THIS APPLICATION.
- THE MERCHANTABILITY OR THE FITNESS FOR ANY PURPOSE OF THE DATA, IMAGES, GRAPHS, MAPS OR OTHER INFORMATION OR SERVICES PROVIDED OR REFERRED TO IN THIS APPLICATION.
OneRain and the providers of the Other Data shall have no liability for any consequential damages, incidental or punitive damages or other indirect or special damage or loss, such as, but not limited to, loss of life or personal injury damages, loss of profits, loss of goodwill, loss of business opportunity, loss of or inability to access data, loss of use of facilities or equipment, or loss of employee time, regardless of whether One Rain or any of the providers of the Other Data has or had notice of the possibility of such damages or injuries.
Change of Terms and Conditions
OneRain reserves the right to change these Terms and Conditions at any time, and your continued use of the Contrail Application following any changes shall be deemed to be your acceptance of such change. All changes will be documented here.
Links to and from Third Party Websites
Throughout this Application you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed: (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; (b) you do not misrepresent your relationship with this website; and (c) the website from which you link to this Application does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party. By linking to this Application in breach of our terms, you shall indemnify us for any loss or damage suffered to this Application as a result of such linking.
You agree to indemnify and hold Contrail Application and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Contrail Application arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Application.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
Any claim relating to OneRain Inc.'s Application shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
Revisions and Errata
The materials appearing on OneRain Inc.'s Application could include technical, typographical, or photographic errors. OneRain Inc. does not warrant that any of the materials on its Application are accurate, complete, or current. OneRain Inc. may make changes to the materials contained on its Application at any time without notice. OneRain Inc. does not, however, make any commitment to update the materials.
Usage and Web Scraping
You agree that you will not: reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of the Contrail Application or any related technology, or any part thereof; post anything that contains software viruses, worms, or any other harmful code; manipulate identifiers in order to disguise the origin of any message or post transmitted through the services; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" the services or any related data or information; use bots or other automated methods to access the services; monitor the services' availability, performance or functionality for any competitive purpose; engage in "framing," "mirroring," or otherwise simulating the appearance or function of the services; access the services except through the interfaces expressly provided by OneRain; override any security feature of the services; interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms); copy or use the information, content or data of others available on the services (except as expressly authorized); copy or use the information, content or data in connection with a competitive service (as determined by OneRain); copy, modify or create derivative works of the services or any related technology (except as expressly authorized by OneRain); imply or state that you are affiliated with or endorsed by OneRain without our express consent; rent, lease, loan, trade, sell/re-sell access to the services or related any information or data; remove any copyright, trademark or other proprietary rights notices contained in or on our service;