Terms & Conditions
1. Acceptance of These Terms
These Terms of Use ("Terms") govern your access to and use of the Degree Day Hazard Explorer, the Degree Day website located at degreeday.org, and any related materials (collectively, the "Services").
If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. About the Services
Degree Day, LLC ("Degree Day," "we," "us," or "our") provides the Services as informational, educational, and preliminary hazard-screening tools. The Services present model-derived hazard summaries and related information.
The Services are not site-specific engineering analyses, flood studies, geotechnical evaluations, insurance products, legal analyses, financial opinions, or investment recommendations.
3. Informational Screening Only; No Professional Advice
The Services are provided solely for informational, educational, and preliminary hazard-screening purposes. Results are subject to uncertainty and may contain errors.
The Services do not provide property-specific engineering, flood, geotechnical, structural, insurance, legal, financial, underwriting, siting, compliance, or investment advice.
Use of the Services does not create an engineer-client, consultant-client, fiduciary, broker, insurer, attorney-client, or other professional advisory relationship.
4. Data Sources, Model Limitations, and No Guarantee of Outcomes
The Services do not evaluate every factor relevant to real-world hazard or loss, including asset condition, construction, elevation, drainage, maintenance, resilience features, or local context.
Outputs are not guarantees or predictions of past, present, or future flooding, damage, loss, insurability, regulatory status, code compliance, habitability, performance, or value.
5. User Responsibilities
You are solely responsible for independently verifying all information obtained through the Services and for obtaining qualified site-specific advice from appropriately licensed professionals.
You are also responsible for ensuring that your use of the Services and any decisions you make based on them comply with applicable law, regulation, contractual duties, and professional standards.
6. Permitted Use and Restrictions
Subject to these Terms, Degree Day grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your internal informational and preliminary screening purposes.
You may not:
- Use the Services in any unlawful, fraudulent, deceptive, or harmful manner.
- Copy, scrape, harvest, reproduce, distribute, sell, sublicense, or commercially exploit the Services or their outputs except as expressly permitted in writing.
- Reverse engineer, decompile, disassemble, probe, or attempt to bypass security, rate limits, technical restrictions, or access controls.
- Remove or alter any copyright notice, attribution, legend, disclaimer, date stamp, methodology note, or branding from exported outputs.
- Use the Services as the sole basis for life-safety, emergency response, regulated engineering, underwriting, lending, building code, land-use approval, or other regulated decisions.
- Represent that any output is a certified study, legal determination, insurance opinion, or official floodplain or regulatory map.
7. Accounts, Access, and Availability
We may modify, suspend, restrict, or discontinue any part of the Services at any time, with or without notice. We do not guarantee that the Services will be available, uninterrupted, secure, error-free, or compatible with all devices or browsers.
We may update hazard layers, scores, methods, interfaces, features, or content over time. Outputs generated at different times may differ because of changes in data, methods, or model versions.
8. Intellectual Property and License
As between you and Degree Day, the Services, including their design, branding, software, text, graphics, methodologies, compilations, and non-third-party content, are owned by Degree Day or its licensors and are protected by intellectual property laws.
No ownership rights are transferred to you. Except for the limited right to use the Services as expressly permitted by these Terms, Degree Day reserves all rights.
Some data, basemaps, or third-party materials incorporated into the Services may be subject to separate license terms, attribution requirements, or usage restrictions.
9. User Content and Feedback
We may update these Terms at any time. The updated version will be posted on this page with the "Last Updated" date. Continued use of the Services after changes means you accept those changes.
10. Third-Party Services and Links
The Services may rely on or link to third-party maps, data sources, software, hosting services, geocoders, analytics providers, or websites. Degree Day does not control and is not responsible for the content or practices of third-party services.
Your use of third-party services may be subject to additional terms and policies imposed by those providers.
11. Privacy
Your use of the Services is also governed by the Degree Day Privacy Policy, which explains how we collect, use, disclose, and safeguard information.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
DEGREE DAY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, DEGREE DAY DOES NOT WARRANT THAT THE SERVICES OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE, AVAILABLE, OR FREE FROM LOSS, INTERRUPTION, OR HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DEGREE DAY AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DEGREE DAY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the foregoing limitations apply only to the maximum extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Degree Day and its officers, managers, members, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Services or breach of these Terms.
15. Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, created risk for Degree Day or others, or if we discontinue the Services.
Sections that by their nature should survive termination will survive, including sections relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.
16. Governing Law; Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
Unless you elect to require arbitration in a separate clause reviewed by counsel, any dispute arising out of or relating to these Terms or the Services must be brought in the state or federal courts located in California, and you consent to jurisdiction and venue there.
17. Changes to These Terms
We may revise these Terms from time to time. The updated version will be posted on this page with a revised effective date. By continuing to access or use the Services after changes are posted, you accept the revised Terms.
18. General Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision is not a waiver of that provision or any other right.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
These Terms, together with the Privacy Policy and any written order form or separate agreement that expressly incorporates them, constitute the entire agreement between you and Degree Day regarding the Services.
19. Contact Information
Questions, legal notices, or requests regarding these Terms should be sent to:
Degree Day, LLC
Email: info@degreeday.org