Effective Date: June 30, 2024

1. Binding Agreement. This is a binding contract ("Terms") between you and Hurricane Watcher, which is wholly owned and operated by the folks at Knotlog Software LLC ("we," "us," "our," "Knotlog," "Knotlog Software," "Hurricane Watcher"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.



2. Privacy. See our Privacy Policy for details on how we collect, store, and share user information.



3. Age Restrictions. The Services are not intended for users who are under the age of 4. In order to use the Services, you must be 4 years of age or older. By downloading or using the Services, you represent and warrant that you are 4 years of age or older. If children between the ages of 4 and 18 wish to use the Services, they must be approved by their parent or guardian.



4. Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Hurricane Watcher within the designated notice period. Your continued use of Hurricane Watcher will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.



5. Our Intellectual Property. The Services and all materials contained therein, including, without limitation, Hurricane Watcher logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Hurricane Materials") are the property of Hurricane Watcher or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Hurricane Watcher Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
   
   
   1. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Hurricane Watcher, Knotlog Software, or third-party trademarks.



6. Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.



7. Disclaimer of Warranties. Knotlog makes no warranties of any kind with respect to Hurricane Watcher or your use of the Services.
   
   
   1. iOS Application. In the event of Knotlog's failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
   
   
   
   2. Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.



8. Limitation of Liability. Knotlog shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Hurricane Watcher. As a condition of access to Hurricane Watcher, you understand and agree that Knotlog's liability shall not exceed $5.23.



9. Indemnification. You will indemnify, defend, and hold Knotlog, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Hurricane Watcher or (ii) your breach or alleged breach of any of these Terms. Knotlog may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Knotlog.



10. Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your use of Hurricane Watcher through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, St. Petersburg (FL), or any other location we agree to, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. Knotlog will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys' fees, but Knotlog will not seek its attorneys' fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.



11. Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.



12. No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.



13. Legal Compliance. The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.



14. Governing Law. You agree that these Terms, and your use of Hurricane Watcher, are governed by Florida law, in the United States of America, without regard to its principles of conflicts of law.



15. Contact Information. If You have any questions regarding this EULA, please contact Hurricane Watcher by email at contact@knotlogsoftware.com, by phone at +1 (813) 400-0113, or by mail at Attn: Knotlog Software LLC, 7901 4TH ST N STE 300 St. Petersburg, FL, US, 33702



16. Third Party Beneficiaries. This EULA is executed between You and Knotlog and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of Hurricane Watcher will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Knotlog is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.