TERMS AND CONDITIONS

These Terms of Use govern your use of the Icon Weather application (“Icon Weather” or “Application”) operated by Daniel Henshaw. 

By accessing and using Icon Weather, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Application.

PRIVACY

Daniel Henshaw takes your privacy seriously. You may opt to grant Icon Weather access to your current location (“Location Information”) to receive localized weather forecasts as set forth in the Privacy Policy. Icon Weather may also automatically collect anonymous information regarding your interaction with, and use of, the Application. By using the Application, you agree that Daniel Henshaw may collect and use this information as set forth in the Privacy Policy.

THIRD-PARTY WEBSITES

Icon Weather may contain links to third-party web sites or services that are not owned or controlled by Daniel Henshaw. 

Daniel Henshaw has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Daniel Henshaw shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

INTELLECTUAL PROPERTY

Icon Weather is owned and operated by Daniel Henshaw. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by Daniel Henshaw are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of Daniel Henshaw or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by Daniel Henshaw, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Daniel Henshaw a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application. All trademarks, service marks, and trade names are proprietary to Daniel Henshaw or their affiliates and/or third-party licensors. Except as expressly authorized by Daniel Henshaw, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Daniel Henshaw reserves all rights not expressly granted in the Terms.

LIMITATION OF LIABILITY

In no event shall Daniel Henshaw, nor their affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

REPRESENTATIONS AND WARRANTIES

Your use of the Application is at your sole risk. The Application is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance. 

Daniel Henshaw its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements. You understand that Icon Weather may expose you to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Daniel Henshaw with respect hereto. Daniel Henshaw does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and Daniel Henshaw expressly disclaims any and all liability in connection with content and other materials. 

Experience has shown that the resolution, timeliness, and format which lightning data are presented within various displays and products, does not provide a total solution with regard to addressing concerns regarding the presence of convective activity and/or lightning and their potential impact on the safety of personnel and/or safeguarding of facilities, whether it be of immediate or short term concern. Interpretation and application of the data, as well as any comparative analysis and/or prognosis or similar activities done by any user, are done so solely at the user's risk and have not directly or indirectly been implied, condoned or recommended by Daniel Henshaw, and/or its data suppliers.

TERMINATION

 You agree that Daniel Henshaw may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. Daniel Henshaw may also at any time discontinue providing access to Icon Weather, or any part thereof, with or without notice. You agree that any termination of your access to Icon Weather or any portion thereof may be effected without prior notice, and you agree that Daniel Henshaw will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application.

UPDATES TO THESE TERMS

The Terms and Conditions of Icon Weather may change from time to time. Thus, you are advised to review this page periodically for any changes. Icon Weather will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

CONTACT ME

If you have any questions or suggestions about Icon Weather Terms and Conditions, do not hesitate to contact me at iconweather@napp.co.

Last Updated: 15 February 2023