Terms of Service
This website and installed applications (the “site”) are produced by Microclimates, Inc. (the “Company”). Throughout the site, the terms “we,” “us,” and “our” refer to Microclimates, Inc. We offer this site, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from the Company, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
By accessing or using the services provided by Microclimates Inc., you agree to comply with and be bound by these Terms of Service.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PAYMENTS & TERMS
Hardware payments are due prior to the commencement of the hardware procurement process by Microclimates Inc.
Software payments are due prior to the use of the software and are invoiced on a monthly or annual basis.
In the event of a late payment after seven (7) days from the invoice date, the following provisions can apply:
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Late Payment Fee:
A late payment fee of 2% of the outstanding balance applied for each day that the payment is overdue.
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Suspension of Services:
The site reserves the right to suspend or terminate the provision of services if payment is not received within fourteen (14) days from the invoice date.
The site will provide the Client with written notice of late payment before taking any action.
This Agreement outlines the financial obligations between the parties involved. The customer expressly undertakes to remit all applicable fees delineated in the chosen pricing plan within the stipulated time frame. Accepted modes of payment encompass credit card, Automated Clearing House (ACH), and wire transfer. In the event of delayed payments, the customer acknowledges the potential imposition of a late fee and/or suspension of services as outlined above.
USER ACCOUNT
Clients hereby acknowledge and agree to be solely responsible for maintaining the security and confidentiality of their account credentials. The site explicitly reserves the right to suspend or terminate user accounts without prior notice in the event of any violations of these terms, at the Site’s sole discretion and in accordance with the terms stipulated herein.
INTELLECTUAL PROPERTY
The Company hereby affirms and reserves sole and exclusive ownership of all intellectual property rights pertaining to its software and services. Users are expressly prohibited from undertaking the reproduction, modification, or distribution of the Company’s software without obtaining explicit and written authorization from the Company. Furthermore, users are explicitly forbidden from engaging in any form of reverse engineering, decompiling, or any other attempts to derive the source code of the software.
PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
HARDWARE WARRANTY
Microclimates Inc. warrants that all manufactured products are, to the best of its knowledge, free of defective material and workmanship and warrants this product for 1 year from the date of purchase. This warranty is extended to the original purchaser from the date of receipt.
This warranty does not cover damages from abuse, accidental breakage, or units that have been modified, altered, or installed in a manner other than that which is specified in the installation instructions.
Microclimates Inc. must be contacted prior to return shipment for a return authorization. No returns will be accepted without a return authorization. This warranty is applicable only to products that have been properly stored, installed, and maintained per the installation and operation manual and used for their intended purpose. This limited warranty does not cover products installed in or operated under unusual conditions or environments including, but not limited to, high humidity or high temperature conditions.
The products which have been claimed and comply with the aforementioned restrictions shall be replaced or repaired at the sole discretion of the Microclimates Inc. at no charge. This warranty is provided in lieu of all other warranty provisions, express or implied. It is including but not limited to any implied warranty of fitness or merchantability for a particular purpose and is limited to the Warranty Period. In no event or circumstance shall Microclimates Inc. be liable to any third party or the claimant for damages in excess of the price paid for the product, or for any loss of use, inconvenience, commercial loss, loss of time, lost profits or savings or any other incidental, consequential or special damages arising out of the use of, or inability to use, the product.
This disclaimer is made to the fullest extent allowed by law or regulation and is specifically made to specify that the liability of Microclimates Inc. under this limited warranty, or any claimed extension thereof, shall be to replace or repair the Product or refund the price paid for the Product.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
In the event that the customer provides inaccurate, outdated, or incomplete billing or account information, the undersigned acknowledges and agrees to assume full responsibility for any resulting consequences, including but not limited to, the cancellation or delay of orders, the imposition of additional fees or charges, and the suspension or termination of access to the services and products offered by the company. The undersigned further understands that such inaccuracies may impede the company’s ability to process transactions promptly and effectively, and hereby agrees to indemnify and hold harmless the company, its officers, directors, employees, and agents from any and all liabilities, losses, damages, costs, and expenses arising from or in connection with the provision of inaccurate billing or account information. This indemnification obligation shall survive the termination of any transaction or the closure of the customer’s account.
OPTIONAL TOOLS
"We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations, or conditions of any kind and without any endorsement. We expressly disclaim any responsibility or liability for the performance, functionality, or issues arising from the use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy.
DATA OWNERSHIP AND USE POLICY
At Microclimates, we value your privacy and believe in transparency regarding the data collected by our software. This Data Ownership and Use Policy outlines your ownership rights to your data and our commitment to responsibly utilizing that data to improve our services.
Ownership of Customer Data: You, the customer, own all data collected by our software that pertains to your business, including configurations, sensor and camera image data.
Use of Customer Data: While you retain ownership of your data, we may collect, analyze, and use this data to improve our services, enhance user experiences, and develop new features and functionalities. By using our software, you grant us a limited, non-exclusive license to utilize your data for these purposes.
Data Protection and Security: We implement robust security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. Access to your data is restricted to authorized personnel who require it for the performance of their duties.
Anonymization and Aggregation: To protect your privacy, we may anonymize or aggregate your data before using it for analysis or service improvement purposes. Anonymized or aggregated data does not contain personally identifiable information and cannot be used to identify individual customers.
Data Retention: We retain your data only for as long as necessary to fulfill the purposes outlined in this policy or as required by law. Upon expiration of the retention period, we securely delete or anonymize your data.
Transparency and Control: You have the right to access, rectify, or delete your data, and you can exercise these rights by contacting us.
By using our software, you acknowledge that you own the data collected by our software and grant us permission to utilize this data to improve our services. We are committed to protecting your privacy and ensuring that your data is used responsibly and in accordance with this policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, functionality and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site, should be taken to indicate that all information in the Service or on any related site has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related site, other sites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related site, other sites, or the Internet.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Microclimates, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Microclimates and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, USA.
CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to the following addresses.
BY EMAIL:
BY MAIL:
Microclimates, Inc.
959 5th St Mukilteo Washington US 98275