Suddenly, your lawn’s richer. And so are you.

These terms and conditions are subject to change by Weathermiser (referred to as 
“us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to ordering any product that is available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods through this site.

 

1.  Scope and Term of Agreement; Use of Weathermiser Products.

Weathermiser products contain patented technology, and only Weathermiser.com offers products containing this technology.  Weathermiser products are not sold through this site or any other.  They are licensed to you for a specific period of time (the “term”), for a specific initial fee (the “set-up fee”) and a specific recurring fee (the “monthly fee”), and for a specific use (the “scope”).  At all times Weathermiser is the sole owner of the products, and Weathermiser reserves all rights not granted by this license agreement.

 

The term of this agreement begins when Weathermiser ships the products that you order, and continues thereafter on a month-to-month basis.  You may cancel at any time by providing Weathermiser with a 30-day written notice of cancellation by email or by U.S. mail and by returning the Weathermiser product(s) in good working order less normal wear and tear.  You agree to pay Weathermiser one monthly fee after Weathermiser receives your returned product. 

 

You have a limited license to use Weathermiser products for their intended purposes only.  Your Weathermiser product(s) may be used only for either residential or commercial irrigation control, based on the product(s) that you order.  Use of residential devices for commercial applications is strictly prohibited, and Weathermiser grants you no license for such use; any such use is a breach of this agreement and a violation of Weathermiser’s patent, and may result in Weathermiser seeking all possible damages under both patent and contract law.

You may not sell, resell, or transfer your license to any other person or entity without Weathemiser’s prior written consent. 

2.  Order Acceptance and Cancellation.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

 

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

 

3.  Payment Terms and Sales Taxes. 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.  We accept VISA, MasterCard, American Express, and Discover credit cards for all orders.  We also accept payment by electronic checks which automatically debit your checking or savings account.  You represent and warrant that: (i) the credit card and/or bank account information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company and/or bank; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

Purchase orders from businesses may be accepted upon credit approval of credit and payable on net 30-day terms or such other terms as we may approve or require. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law.  We retain a security interest in the products and all proceeds thereof at all times.

 

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

NON-PAYMENT: IN THE EVENT THAT YOU DO NOT CANCEL AS DESCRIBED ABOVE, AND WEATHERMISER IS UNABLE TO COLLECT TIMELY PAYMENT FROM YOU, YOU AUTHORIZE WEATHERMISER IN ADVANCE TO (I) COLLECT LIQUIDATED DAMAGES EQUAL TO THIRTY-SIX (36) MONTHLY PAYMENTS; AND/OR (II) PHYSICALLY REMOVE WEATHERMISER’S PRODUCT(S) FROM YOUR PROPERTY.  WEATHERMISER’S BUSINESS MODEL IS BASED ON THE RECURRING REVENUE STREAM FROM YOUR MONTHLY FEE, AS WELL AS ON THE AUTOMATIC COLLECTION OF THAT MONTHLY FEE.  WEATHERMISER’S INVESTMENT IN EACH CUSTOMER IS FAR GREATER THAN THE SETUP FEE AND THE MONTHLY FEE; WEATHERMISER MAY ALSO HAVE TO INVEST IN THE REMOVAL OF THE DEVICE(S) FROM YOUR PROPERTY.  BOTH WE AND YOU ACKNOWLEDGE THAT DAMAGES FOR NONPAYMENT WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN BASED ON THIS BUSINESS MODEL, AND AGREE THAT IN THE EVENT YOU BREACH THIS AGREEMENT BY NONPAYMENT, WEATHERMISER IS ENTITLED TO THE REVENUE STREAM IT WOULD HAVE RECEIVED IF YOU HAD CONTINUED TO LICENSE THE PRODUCT(S) FOR 36 MONTHS.

4. Rebates, Credits, Refunds, and other Incentives.

You grant Weathermiser ownership of, and you agree that Weathermiser is entitled to, any and all rebates, credits, and/or refunds allowed and provided for by any and all utility company(ies) resulting from your usage of Weathermiser’s product(s).  You agree to assign any such rebate, credit, and/or refund to Weathermiser during the term of this agreement.  You authorize Weathermiser to charge your credit card or other payment account(s) for the amount of any such rebate, credit, and/or refund you receive.  Such charges are separate and are not applied to your monthly fees.

5.  Shipping Policy. 

We offer a variety of shipping options to meet your shipping needs. We use only premium carriers (UPS,USPS, FedEx) with Next Day, 2nd Day and Ground delivery options available for many items . Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. We do not accept C.O.D. orders.

 

The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. 

 

There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, we will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 10 business days until the order is cancelled or delivery occurs.

 

6. Advertising Disclaimer and Trademarks

We are not responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the order and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

 

All trademarks, registered trademarks, and photographs relating to products available through our site are the sole property of Weathermiser.

 

7. Disclaimer and Limitation of Liability.

Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.

 

ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR LICENSE OF PRODUCTS.

 

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, LICENSE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

8. Warranty and Return Policy.

The products available through our site are covered under our manufacturer’s warranty.  If any product is defective or fails to work as advertised, you may return it to us for your choice of a replacement of the product or a refund of the most recent monthly fee you paid.  To return products, you must call (877) 611-0970 or e-mail our Returns Department at returns@weathermiser.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, product name, and nature of the problem.

 

To expedite the processing of your refund or replacement, products must be returned within 30 days of the date that we issue the RMA. All returned products MUST be 100% complete, contain all original boxes, packing materials, manuals, and accessories. You are responsible for shipping charges on returned items; we will match your shipping method on any replacement item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

 

If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pickup of the damaged merchandise.

 

Questions regarding our warranty and return policies should be addressed via e-mail to info@weathermiser.com or by regular mail to Weathermiser, 4505 Las Virgenes Rd. Suite 117, Calabasas, CA 91302, Attention: Merchandising. These policies set forth your sole and exclusive rights with respect to return of products that you may order through our site.

 

9. Safe Shopping Guarantee.

Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50.00. This guarantee applies to purchases made using our secure server (https: protocol).

 

You can always order by telephone. Call us at (877) 611-0970 within the United States and Canada. We cannot accept orders from outside the United States or Canada. No matter how you place your order with us, we want you to have a comfortable buying experience.

 

10. PrivacyCustomer Information, and Testimonials.

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy . At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

 

We have the right to incorporate any comments or testimonials (or anything else that you send us) for use in Weathermiser’s promotional materials and advertising, in any way, shape, or form.  However, we will not use your full name or street address without your advance, express permission.

 

11.  Service and Support.

We will provide you with technical service and support for the products available through our site in accordance with their terms and conditions as set forth in the manual and related information accompanying the products. Should you have any other questions or concerns, you may contact us by e-mail at info@weathermiser.com or by mail at Weathermiser, 4505 Las Virgenes Rd. Suite 117, Calabasas, CA 91302, Attention: Merchandising. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

 

12.  Force Majeure.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

13.  Entire Agreement and Other Documents.

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

 

14. Waiver and Severability.

Any waiver shall not be effective against any party unless in writing executed on behalf of such party.  In the event that any of the provisions of this agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

 

15.  Governing Law and Statute of Limitations.

This site (excluding any linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the license of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.

 

Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

We make no representation that the products and services available through our site are appropriate or

available for use in locations outside of the United States, and accessing them from territories where such products are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.