Terms of Service for using this website and software

Billing, Payments, and Refunds

All invoices are auto-charged to your credit card at the first of every month you have the service. We are currently using Paypal as our processor, so you will need a Paypal account.

No contracts are required. You may cancel or resume service at any time. Note that there are no refunds whatsoever after your charge has occurred, even if you cancel on the same day.

If the account cannot be charged or there is an issue with payment, the account will be immediately locked and may require a service charge of $25 to resume service. Any chargebacks or rejected payment fees will be passed on to you.

Attorney's Fees

In the event of a dispute we shall be entitled to recover from the client reasonable attorneys' fees, court costs, and all other expenses which may be incurred by us in the enforcing or interpretation of the contract or Terms of Service or the provisions of any related documents, the collections of any disputed or undisputed balance under this agreement, whether or not an action is commenced.

Governing Law and Jurisdiction

All contracts between us and our clients as well as these Terms of Service are being executed and delivered in the State of Alabama and the laws of the State of Alabama or the laws of the Federal Courts contained within the State of Alabama shall govern the rights of the parties to the contract and these Terms of Service and the validity, instruction, enforcement and interpretation of thereof.

Consent to Jurisdiction and Waiver

All disputes arising out of services performed or requested to be performed by Unconfusing shall be under the jurisdiction of the State or Federal Courts for Lee County, Alabama. By agreeing to these Terms of Service all parties waive any and all defenses, rights, and questions of jurisdiction and venue and hereby submit to the venue and jurisdiction of the Municipal or State or Federal Courts for Auburn, Lee County, Alabama.

Copyright and Ownership

All materials, services, code, and data entered into the system are property of Unconfusing Technology, LLC. This is a SAAS (software as a service) model which means while you have a business relationship with us, you are allowed to utilize our software. You do not have any ownership or control over said software.

Limitation of Liability

Software and services are provided "as is" without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, display ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and MyRainfall.com and its owners/members hereby disclaim any and all such warranties, express and implied.

MyRainfall.com (and its owners/members) does not warrant that the software or the services, content, functions or materials provided through the web site will be timely, secure, uninterrupted or error free, or that defects will be corrected. MyRainfall.com makes no warranty that the web site or the provided services will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from MyRainfall.com or through the web site shall create any warranty not expressly made herein. MyRainfall.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the software or your downloading of any materials, data, text, images, video content, or audio content from the software. If you are dissatisfied with the web site, your sole remedy is to discontinue using the web site.

In no event shall MyRainfall.com be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the Project, software, website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

In no event, including but not limited to negligence, shall MyRainfall.com, or any of its directors, officers, employees, agents or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the web site or the content, materials and functions related thereto, your provision of information via the web site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the software. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the web site exceed, in the aggregate, the amount, if any, paid by you to MyRainfall.com for your use of the software or purchase of products via the software.

Upon acceptance, all future liabilities, copyrights, and ownership for the Project, website, or software is transferred to the client. Client accepts responsibility and liability for the the use of information obtained from MyRainfall.com, use of the website, or utilization of the software.

Acceptance

Please note that by accepting our services you are agreeing to all of our terms as written on this site. MyRainfall.com reserves the right to change or update these terms at any time without prior notice.

Our Copyrights and Trade Marks

Our logo, this website, and its content are intellectual property items that we own. You may not use them, reproduce them, or link to them without permission. We retain copyrights over the content, materials, and design of or within this website, unless otherwise noted. We also retain copyright to this text and agreement. We reserve all rights to this material. Please do not copy it without permission.

Privacy

MyRainfall.com will not sell, market, or trade the Client's information to any other entity for any reason. No information about the Client's company will be revealed, unless forced to do so by a court or law-enforcement entity. We practice the highest measure of online security of information as well as the best corporate practices when dealing with information from the Client. Our employees must use password-protected accounts to access customer information. Furthermore, all employees are kept up-to-date on our security and privacy practices.

We do not store any credit card data and utilize outside processors for that purpose.