Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AGREENENT CAREFULLY.  THIS IS A LEGAL AGREEMENT. 

La Crosse Technology ("La Crosse") provides hardware and internal software (“Product Software”) for wireless remote monitoring and detecting of Water, Wind, Rain, Motion, Temperature, and Humidity (“Product”).  La Crosse also provides internet services, cloud services, mobile and computer applications (“Apps”) and separate expansion options (“Subscriptions”), subject to the terms and conditions set forth in this agreement, collectively referred to as the “Product Services”. 

YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE (THE “AGREEMENT”).  BY CLICKING “I AGREE,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PRODUCT OR PRODUCT SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENT.  AS A CONDITION TO YOUR USE OF THE PRODUCT OR PRODUCT SERVICES YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER. THE TERM “YOU” OR “YOURS” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER DURING THE REGISTRATION PROCESS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS OF THE AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PRODUCT OR PRODUCT SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT AND PRODUCT SERVICES.  You may connect your Product to the Product Services and enable your product to connect to the Internet or mobile device via a WiFi, Bluetooth or other wired or wireless protocol. By connecting your Product to the Product Services and connecting your Product to the internet or mobile device, you will receive automatic or manual updates to the Product Software, Apps and Product Services. If you do not agree you should not connect your Product to the Product Services and the Internet.

1. License SUBJECT TO THE TERMS OF THIS AGREEMENT, LA CROSSE GRANTS YOU TO A LIMITED AND NONEXCLUSIVE LICENSE (WITHOUT THE RIGHT TO SUBLICENSE) TO EXECUTE ONE (1) COPY OF THE PRODUCT SOFTWARE AND PRODUCT SERVICES SOLELY FOR THE PRODUCT AND MOBILE DEVICES YOU OWN OR CONTROL AND SOLELY FOR USE IN CONJUNCTION WITH THE PRODUCT FOR YOUR PERSONAL NON-COMMERCIAL PURPOSES.  YOU MAY NOT DISTRIBUTE OR MAKE THE LICENSED PRODUCT SOFTWARE AND PRODUCT SERVICES AVAILABLE OVER A NETWORK WHERE IT COULD BE USED BY MULTIPLE DEVICES AT THE SAME TIME.  LA CROSSE’S GRANTED LICENSE RESTRICTIONS FOR APPS, INCLUDED IN PRODUCT SERVICES, DO NOT CONFLICT WITH ANY USAGE RULES SET FORTH IN THE APPLE MEDIA SERVICES TERMS AND CONDITOINS OR THE GOOGLE PLAY DEVELOPER DISTRIBUTION AGREEMENT.  If you sell your mobile device to a third party, you must remove the licensed Apps and data related to the Product Services. You may not copy (except as permitted by this Agreement), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Product, Product Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Product or Product Services).
   
   
2. Disclaimer YOU AGREE THAT ALL USE OF THE LA CROSSE DATA AND ANY OTHER CONTENT AVAILABLE THROUGH THE LA CROSSE PRODUCT OR PRODUCT SERVICES SHALL BE AT YOUR SOLE RISK. LA CROSSE PROVIDES ALL DATA ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. LA CROSSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH LA CROSSE PRODUCT OR PRODUCT SERVICES. LA CROSSE MAKES NO REPRESENTATION OR WARRANTY: (i) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF DATA; (ii) THAT THE DATA WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; OR (iii) THAT ERRORS OR DEFECTS RELATED TO THE PRODUCT OR PRODUCT SERVICE WILL BE CORRECTED; (iv) THAT THE PRODUCT OR THE PRODUCT SERVICES WILL NOT BE DISABLED, COMPROMISED OR CIRCUMVENTED; (v) THAT THE PRODUCT OR PRODUCT S WILL PREVENT ANY LOSS OF PROPERTY OR PERSONAL INJURY; AND (vi) THAT THE PRODUCT AND PRODUCT SERVICES WILL IN ALL CASES PROVIDE THE DETECTION FOR WHICH IT IS INSTALLED. LA CROSSE ALSO DOES NOT WARRANT THAT THE DATA IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. LA CROSSE MAKES NO WARRANTY THAT THE SERVICES OR PRODUCT, OBTAINED OR PURCHASED, WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE PRODUCT WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, LA CROSSE MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, AND IT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, OR OMISSION FOR DATA, RSS FEEDS, WEATHER, OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING, OR OCCURRED. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS, AND OTHER COMMUNICATIONS CONCERNING SERIOUS WEATHER. YOU SHOULD KEEP ADVISED OF THE SAME. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. YOU BEAR THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE PRODUCTS AND THE PRODUCT SERVICES.
   
3. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LA CROSSE, ITS SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS AGREEMENT, THE USE OF THE DATA, OR THE PERFORMANCE OR NONPERFORMANCE OF THE PRODUCT OR PRODUCT SERVICES REGARDLESS OF THE FORESEEABILITY THEREOF. IN NO EVENT SHALL LA CROSSE TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE AMOUNT OF MONIES PAID FOR THE PRODUCT AND ANY SUBSCRIPTIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
   
   
4. User Content Certain features of the Product and Product Services may permit users to upload content to the Product Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Product Services. You may retain any copyright and other proprietary rights that you may lawfully hold in the User Content. BY PROVIDING USER CONTENT, YOU GRANT LA CROSSE A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, FULLY PAID RIGHT AND LICENSE (WITH THE RIGHT TO SUBLICENSE) TO HOST, STORE, TRANSFER, DISPLAY, PERFORM, REPRODUCE, PROCESS, MODIFY FOR THE PURPOSE OF FORMATTING FOR DISPLAY, AND DISTRIBUTE YOUR USER CONTENT, IN WHOLE OR IN PART, IN ANY MEDIA FORMATS AND THROUGH ANY CHANNELS NOW KNOWN OR HEREAFTER DEVELOPED.  By providing User Content to other users of the Product Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Product Services.  La Crosse disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content. By providing User Content, you affirm, represent, and warrant that; you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize La Crosse and users of the Product Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by La Crosse.  User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i.) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii.) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii.) cause La Crosse to violate any law or regulation; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.  La Crosse is under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. La Crosse may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Product Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against La Crosse with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, La Crosse may investigate the allegation and determine in our sole discretion whether to remove the User Content, which La Crosse reserves the right to do at any time and without notice. For clarity, La Crosse does not permit copyright-infringing activities on the Products or Product Services.
   
5. Communications La Crosse may send you emails, push notifications, text messages and other forms of communication concerning our Products and Product Services.  You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.  You may opt out of other types of notifications by not accepting the required permissions or later changing account and device settings to restrict such messaging.
   
6. Termination and Modification of the Product Services This Agreement may be terminated at any time for any reason by La Crosse. La Crosse reserves the right to modify or discontinue the Product Services at any time (including by limiting or discontinuing certain features of the Product Services), temporarily or permanently, without notice to you. La Crosse will have no liability for any change to the Product Services or any suspension or termination of your access to or use of the Product Services.  You may continue to use the Products in a manner not connected to the Product Services even if Product Services are terminated for reasons out of La Crosse’s control.
   
7. Amendment and Modification La Crosse may amend or modify the terms of this Agreement at any time for any reason without your consent and such amendment or modification will be binding.
   
8. Events Beyond La Crosse Control La Crosse shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including without limitation, third party transmission intermediaries to perform, continue, or renew their contractual arrangements with La Crosse, nor the inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of La Crosse.
   
9. Assignment La Crosse may assign this Agreement without your consent.
   
10. Jurisdiction and Disputes This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. Should it be necessary to institute an action to enforce any of the terms contained in this Agreement, you agree said action shall and must be instituted in Hennepin County District Court, State of Minnesota. You hereby waive any and all defenses based on lack of personal jurisdiction or forum non convenience, and any right to recover statutory attorneys' fees.
    
11. Severability If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    
12. Entire Agreement This Agreement, the Web site Terms & Conditions, and the Privacy Policy state the parties' entire agreement and understanding of the subject hereof, and supersede all prior understandings and agreements. Any prior agreements or understandings between the Parties are null and void.
    
13. Survivorship The requirements and limitations set forth in Sections 1, 2 and 3 of this Agreement shall survive termination of this Agreement for any reason.

Revised 22 June 2022