Please read this carefully. These terms of service (“Terms”), form a binding contract between you and Walter Yu, individually and doing business as “StormSavvy” ("StormSavvy"). By using the StormSavvy website and/or StormSavvy's services you (“User”) hereby agree to be bound by these Terms. Otherwise, please discontinue the use of this website and/or StormSavvy service(s).
StormSavvy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that StormSavvy shall not be liable to User or to any third party for any modification, suspension, or discontinuance of the Services.
User may not use the Services if User does not accept the Terms. User can accept the Terms by either clicking to accept or agree to the Terms, where this option is made available to User by StormSavvy; or by actually using the Services. In the latter case, User understands and agrees that StormSavvy will treat User’s use of the Services as acceptance of the Terms from that point onwards.
User Password and Account Security
User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account.
User agrees to notify StormSavvy immediately of any unauthorized use of User’s account or any other breach of security.
As a condition of User’s use of the Services, User warrants to StormSavvy that the Services will not be used for any purpose that is unlawful or otherwise prohibited by these Terms.
Users agree to use the Services only to send, receive, upload, and publish messages and content. Any unauthorized commercial use of the Services, or their resale, is expressly prohibited.
User agrees to abide by all applicable local, state, national, and international laws and regulations and is solely responsible for all acts or omissions that occur under User’s account or password, including the content of User’s transmissions through the Services or any content User uploads or publishes through the Services.
Disclaimers and Limitation of Liability
The information and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. StormSavvy may make improvements and/or changes to the Services at any time.
StormSavvy does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. StormSavvy does not warrant or represent that the use or the results of the use of the Services or the materials made available, as part of the Services will be correct, accurate, timely, or otherwise reliable.
User specifically agrees that StormSavvy shall not be responsible for unauthorized access to or alteration of User’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services.
User agrees to indemnify and hold StormSavvy, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of User’s use of or conduct on the Services.
StormSavvy may terminate User’s access to any part or all of the Services and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. StormSavvy may also terminate or suspend User’s account for inactivity, which is defined as failing to sign-in to the Services for an extended period of time, as determined by StormSavvy. Upon termination of the Services, User’s right to use the Services immediately ceases.
StormSavvy shall have no obligation to maintain any content in User’s account.
Modifications to Terms of Service
These Terms may be modified by StormSavvy without notice at any time in the future. Changes will be posted at /terms/. It is the responsibility of User to remain informed of any changes at all times, as User is bound by the latest version of the Terms.
End User Agreement for Web Based Services: BETA TEST
1. General Description.
StormSavvy operates a website that serves as an environment to manage workflow for Qualified Practitioners (as defined in 1.1(c), below. Users are assisted in generating inspection reports for water drainage and runoff control projects. StormSavvy uses a proprietary interface and algorithm as a “thoughtful checklist” to elicit necessary and useful information from a Qualified Practitioner and organize that information into inspection reports as required by construction permits. When final, such inspection report is to be filed by Client with the applicable regulatory body.
1.1 Some Critical Terms Defined.
(a) As used in this Agreement, the “Site” consists of the website www.stormsavvy.com, including any websites that link through that website, or to which a user may be re-directed by that website, as well as the software, algorithms, and other StormSavvy proprietary or licensed third party intellectual property embodied within, managing or using such website.
(b) As used in this Agreement, “Proprietary Information” includes any trade secret or other confidential information, know-how or data of any nature concerning the development, use, formulation, manufacture, or performance of the Site or services provided by the Site, prospective products or services, unique concepts and ideas, and any research and development activities, process, techniques, inventions, specifications, algorithms, computer programs (source and object codes), prototypes, designs, drawings or test data therefore. In addition, any items marked or designated as “Secret”, “Confidential” or “Proprietary” on their face, or if disclosed orally, with notice given in that manner, shall be considered to be subject to this Agreement as “Proprietary Information”.
(c) As used in this Agreement, “Qualified Practitioner” is a person so defined at the following URL:
SWRCB FAQ Website
As further defined on those additional URL’s by those links displayed on the above URL. For greater certainty, such definition shall be determined as of the time the Site is accessed by Client.
2. Client's Workflow on Site.
The Site will present a series of questions to Client, to which Client agrees to provide honest answers to the best of its knowledge, judgment, and responsibility as a Qualified Practitioner. The Site will use the data provided by Client to prepare a preliminary inspection report for validation and final approval by Client and Client agrees to use its best knowledge, judgment, and responsibility as a Qualified Practitioner to finally validate and approve the preliminary inspection report. If the preliminary inspection report is materially incorrect or untruthful, Client agrees to use the Site’s interface to correct the preliminary application until Client is able to provide final validation and approval. At this stage, the Site will put the validated and approved inspection report into final format. The final inspection report will be produced in a commonly usable electronic format which is difficult to alter (for example .pdf), and at that stage Client will have the option of saving the final inspection report on the Site for later review and printing or electronic filing, or may download the final inspection report for printing and submission to the appropriate regulatory authority by Client.
2.1 What the Site Does.
The Site is a workflow automation and data management tool for Qualified Practitioners preparing inspection reports for construction permits. The Site uses commercially reasonable algorithm design and software coding to catch common logical errors in data input by Client, allows Client to easily add data from diverse sources and formats, and helps structure such data in a reasonable format. The Site provides a final inspection report which is reasonably calculated to be acceptable for submission to the appropriate regulatory authority (or authorities) within the State of California, solely under Client’s authority as a Qualified Practitioner. In order to ensure use of fresh data and a closer fit with the requirements with the applicable regulatory authority, each final inspection report must be generated and filed within 30 days of the initial creation by Client of the preliminary inspection report.
2.2 What the Site Does Not Do:
The Site does not in any way substitute for Client’s knowledge, judgment, and responsibility as a Qualified Practitioner. The Site is not a Qualified Practitioner, nor does it or StormSavvy in any way act as Qualified Practitioner in this Agreement. The Site does not substitute for Client’s efforts as a Qualified Practitioner in review, validation and approval of the final inspection report. The Site does not provide the correct data- Client does that. The Site’s error catching process only finds failures of Client to input any data in a field, or where Client has input logically impossible information in a field. Even when it is working properly, the Site cannot find errors of other types. The Site does not file the final inspection report. Final inspection reports must be filed with the appropriate regulatory agency by Client, under Client’s authority. The Site cannot guarantee that such regulatory authority will approve inspection reports.
3. General Duties of Client With Respect to Site.
The Site is the exclusive intellectual property of StormSavvy and its licensors (if any), and Client is being granted limited access and use rights as solely described in detail in Section 4 (the “License”), below. Client agrees that it will not use the Site in any way beyond a reasonable interpretation of the scope of the License, nor to use the Site in violation of law or regulation of any government entity which has actual authority over Client’s use. Furthermore, Client agrees not to copy any features of the user interface, checklist questions, or the over design and workflow of the Site except where such copying takes place in the normal automatic operations of a web-browser (including file caching) and solely while accessing the Site for the purposes set forth in the License, and solely for use under the terms of this Agreement.
4. Limited Right and License to Use Site.
Subject to the terms of this Agreement, Client is hereby granted the limited non-transferable, personal right and license to use the site, accessible from throughout the world, for the term of this Agreement; to do the following: (a) read the questions; graphics and text presented on the Site; (b) input the information and data requested by the site; (c) copy programing elements of the Site solely as presented to Client by the Site itself for use by and display within an ordinary web-browser application software program; (d) validate and approve and (or disapprove) any inspection report presented by the Site; (e) store the final inspection report in an unalterable format on the Site; or, (f) print out the final inspection report; and, (g) submit the final inspection report to the appropriate regulatory authorities within the State of California.
For greater certainty, StormSavvy makes no claim to ownership of any information input by Client into the Site, although Client hereby grants StormSavvy the perpetual right to store, manipulate and otherwise use such data in any reasonable manner internally, solely as useful to test, correct, repair, and operate the Site (and any successor site, including a general (i.e. “non-beta”) website, and provide services under this Agreement.
In compensation for the services performed under this Agreement by StormSavvy and license of rights granted to Client, Client agrees to pay StormSavvy as follows:
(a) One-Time Access Fee. Prior to being granted access to the Site, Client shall receive a one-time access fee of US$ WAIVED for BETA TESTING PERIOD.
Client agrees during the Beta-testing period to use reasonable efforts to do the following with respect to the Site: (a) Report any errors of operation of the Site (for example, system crashes, user lock-outs); (b) Report in detail any errors found by Client in the preliminary inspection reports; and (c) Generally cooperate with StormSavvy in the Beta-testing process (including but not limited to re-submission of inspection reports after system or applications crashes are discovered and corrected, providing timely and thoughtful answers to StormSavvy’s reasonable questions regarding details of Client’s interaction with the Site).
7. Confidentiality and Joint Publicity Efforts.
7.1 Beta-testing Period Confidentiality.
Except as otherwise agreed to in a writing executed by both parties (including an unambiguous exchange of email), during the Beta-testing period itself, Client agrees to not comment publically regarding the Site, its use of the Site, as well as the fact that it is participating in the Beta-test itself.
7.2 Confidentiality Provisions for the Beta Period and Beyond.
During the Beta-test period and for a period of 5 years after termination or expiration of this Agreement, Client agrees to treat as Proprietary Information any details regarding the Site, and any information displayed on the Site, as well as any Site performance data created as part of the Beta-test process, as well as any other Proprietary Information as defined in subsection 1.1(b).
7.3 Exclusions and Limitations Regarding All Confidentiality Provisions.
Information of Client is required under statute, regulation, or action of a court of competent jurisdiction to disclose Proprietary Information of StormSavvy, it may do so, but only after giving StormSavvy prior written notice so that StormSavvy may seek a protective order or other appropriate relief. Notwithstanding such exception to Client’s duties of non-disclosure under this Agreement, fact of such limited exemption to the duty of non-disclosure shall not, in itself, alter the proprietary or confidential nature of the Proprietary Information. However, the term “Proprietary Information” shall not be deemed to include information that Client can demonstrate by competent written proof:
is now, or hereafter becomes, through no act or failure to act on the part of Client, generally known or available;
is known by the Client at the time of receiving such information from the StormSavvy, as evidenced by Client’s records;
is hereafter furnished to the Client by a third party, as a matter of right and without restriction on disclosure.
7.4 Joint Publicity Efforts Only.
For greater certainty, for the term of this Agreement and for 1 year after termination or expiration, the parties agree that any general public announcement regarding their relationship and the Site will be made jointly, as planned out and agreed to in a writing executed by both.
8. Representations & Warranties: Limited Service Warranty, Exclusions to Warranties, Damage Limitations, & Beta-test Disclaimer. The representations, warranties, disclaimers and limitations contained in this Section shall survive the termination of this Agreement.
(a) Mutual Representations and Warranties. Client represents and warrants that it is a Qualified Practitioner, and in the process of using the Site and submitting the final inspection report it will exercise its professionally competent knowledge, judgment, and responsibility as a Qualified Practitioner. StormSavvy represents and warrants that the License granted to Client in Section 4 of this Agreement does not infringe, misappropriate or violate any intellectual property or other right of any person or entity. Each party agrees to indemnify, defend and hold harmless the other against all liability, damage, cost and expense, including reasonable attorney's fees, arising out of any breach of its representations and warranties in this subsection.
(b) Limited Service Warranty. StormSavvy warrants that the Site, and any services provided by it via the Site, will, if used according to the Workflow described in Section 2 produce a final inspection report acceptable to the applicable regulatory authority within the State of California (“Limited Service Warranty”). In the event that StormSavvy breaches the Limited Service Warranty, Client’s sole and exclusive remedy is to request StormSavvy to correct any errors due to the actions of the Site. Upon such request, StormSavvy will use commercially reasonable efforts to correct such errors and assist Client in preparing a replacement final inspection report for submission. In the event that StormSavvy’s commercially reasonable efforts fail to correct errors due to actions of the Site, it agrees to return any fees to Client for use of the Site for such application, or the sum of US$100 if the Site’s use fees for the particular inspection report amount to less than US$100.
(c) DISCLAIMER OF WARRANTIES. EXCEPT FOR THE MUTUAL REPRESENTATIONS AND WARRANTIES EXCHANGED IN SUBSECTION (a), ABOVE, AND THE LIMITED SERVICE WARRANTY SET FORTH IN SUBSECTION (b), ABOVE, STORMSAVVY HEREBY DISCLAIMS ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING THOSE IMPLIED BY COURSE OF CONDUCT, AND TO EXTENT PERMITTED BY LAW, THOSE IMPLIED BY OPERATION OF LAW. WITHOUT LIMITING THE BROAD MEANING OF SUCH DISCLAIMER, SUCH DISCLAIMER SPECIFICALLY INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
(d) BETA-TEST NOTICE. Client acknowledges, understands and agrees that at present the Site is in Beta-test format, has not been tested fully, and is unlikely to operate correctly, predictably, or reliably. The Site does not at present have its full anticipated functionality. It is likely to break down unexpectedly and require repairs that may delay Client’s inspection report process. Furthermore, Client acknowledges, understands and agrees that StormSavvy may never develop the Site to full general commercial operation, or provide all functionalities anticipated at this time. Client hereby agrees to not hold StormSavvy responsible the failings of the Site of such nature.
(e) LIMITATION OF DAMAGES. EXCEPT FOR “GENERAL DUTIES OF CLIENT WITH RESPECT TO SITE” DESCRIBED IN SECTION 3, BREACH OF THE LICENSE GRANTED IN SECTION 4, AND THE “MUTUAL REPRESENTATIONS AND WARRANTIES” EXCHANGED IN SUBSECTION (a), ABOVE, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT RECEIVED BY STORMSAVVY UNDER THIS AGREEMENT, PROVIDED THAT THIS SECTION DOES NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR: (A) WILLFUL AND MALICIOUS MISCONDUCT; (B) BODILY INJURY OR DEATH CAUSED BY NEGLIGENCE; OR (C) BREACH OF SITE CONDUCT, OBLIGATIONS IN SECTION 3, BREACH OF THE LICENSE GRANTED IN SECTION 4, AND INDEMNIFICATION OBLIGATIONS IN SUBSECTION 8(a).