Weather Guarantee Terms and Conditions

Weather Guarantee Terms and Conditions
Please note: These Weather Guarantee Terms contain an arbitration clause and class action waiver that applies to all customers of the Weather Guarantee. If you reside in the United States, this provision applies to all disputes with Sensible. If you reside outside of the United States, this provision applies to any action you bring against Sensible in the United States. It affects how disputes with Sensible are resolved. By accepting these Weather Guarantee Terms, you agree to be bound by this arbitration clause and class action waiver.
Please read it carefully.Please read these Weather Guarantee Terms carefully as they contain important information about your legal rights, remedies and obligations. By purchasing the Weather Guarantee, you agree to comply with and be bound by these Weather Guarantee Terms.
For purposes of these Weather Guarantee Terms, the terms “we”, “us” or “Sensible” mean Sensible Weather Co. and any of its predecessors, successors, assigns, corporate parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents and representatives.  If you agree to these Weather Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Weather Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.Except as permitted by law, these Weather Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Weather Guarantee Terms, please email us.

I. The Weather Guarantee
Subject to the terms herein, Sensible will reimburse you, on behalf of the entity with whom you have booked your accommodation or event (your “Experience”) that is covered by these Weather Guarantee Terms (“the Merchant”), if it the weather event(s) covered by your order confirmation (each, a “Weather Event”) is/are forecasted at least 1 hour prior to the commencement of the Experience to occur during the hours of coverage set forth in your order confirmation (your “Confirmation”) in excess of the amounts set forth therein (the “Weather Guarantee”). Reimbursements are based on the forecast and not the actual weather, in an attempt to mitigate any potential negative weather impacts on the Merchant Experience.You must comply with all of the requirements and conditions in these Weather Guarantee Terms in order to be eligible to receive a reimbursement.

II. Limitations and Exclusions
The Weather Guarantee does not apply for any of the following:Reservations booked less than 5 days in advance of the first Weather Guarantee.Reservations not booked directly through the Merchant’s website or directly through another form of media operated by the Merchant.Reservations that do not indicate in the Confirmation that a Weather Guarantee is included.

III. Conditions to the Weather Guarantee
In order to be eligible to obtain payment under these Weather Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your obtaining any reimbursement under the Weather Guarantee. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.
You must be 18 years or olderYour reservation must be confirmed more than 5 days before the commencement of your Experience. Reimbursement will be made through the Payment Method (as defined below) you have on file in the amount set forth in your Confirmation, excluding taxes, processing fees and local fees. The Merchant will not issue refunds or vouchers, and will not reimburse you for other expenses. You must not have misrepresented any facts or committed fraud or any other dishonest or deceptive act in connection with the booking at the Merchant. Any such misrepresentation, fraud, dishonest or deceptive act by you, at any time, will result in denial of a reimbursement under the Weather Guarantee Terms and immediate termination of these Weather Guarantee Terms as they relate to you, notwithstanding Section VI below.You must cooperate with Sensible, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Sensible or its designees may require or request to process the applicable reimbursement request.

You acknowledge and agree that Sensible may send you electronic communications prior to your Experience that relate to your Experience and/or the Weather Guarantee.

IV. Reimbursement Process
Sensible works on behalf of the Merchant to manage the Weather Guarantee program. Sensible watches the weather and will attempt to contact you automatically if you are eligible for reimbursement. If you are not contacted then you can request reimbursement by contacting Sensible by email at support@sensibleweather.com. Reimbursement eligibility is determined by the most recent NOAA forecast prior to the date and time of coverage set forth in your Confirmation. Sensible will complete its processing of any reimbursement within a reasonable period following the date we have contacted you or you have requested a reimbursement under the Weather Guarantee. Any reimbursements will be processed using an ACH credit, Electronic Funds Transfer (EFT) or other payment method accepted by Sensible (each, a “Payment Method”) that you have on file.  You are solely responsible for providing Sensible with all accurate, current and complete information necessary to complete any reimbursement to your Payment Method, and Sensible will not be responsible or liability for any your failure to provide such information.
Reimbursements must be collected with 90 days of the first notification. Reimbursement eligibility will be voided after 90 days.
Any ACH payments require a U.S. bank account in order to complete any reimbursement transaction.  All reimbursements will be made in U.S. dollars, unless otherwise agreed by Sensible in writing.  You expressly authorize Sensible’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Sensible to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is availablehereThe Weather Guarantee is not an insurance policy.

V. Acknowledgments and Agreements by the Customer
You acknowledge and agree that:These Weather Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. The benefits provided under these Weather Guarantee Terms are solely as set forth in the paragraph entitled “Weather Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

VI. Modification or Termination of Weather Guarantee Terms
To the extent permissible by applicable law in your jurisdiction, Sensible reserves the right to modify or terminate these Weather Guarantee Terms, at any time, in its sole discretion.  If Sensible modifies these Weather Guarantee Terms, we will post the modification on the Sensible Platform at sensibleweather.com. Sensible will continue to process all reimbursement requests in accordance with the prior Weather Guarantee Terms that you submitted prior to the effective date of the modification.If Sensible terminates these Weather Guarantee Terms, Sensible will provide you with notice by email at least thirty (30) days before such termination and Sensible will continue to process all reimbursement requests that you submitted prior to the effective date of termination, but your right to file any new reimbursement requests will immediately terminate. To the extent that Sensible terminates these Weather Guarantee Terms prior to the commencement of your Experience, Sensible will reimburse you for the amounts actually paid for the corresponding Weather Guarantee. In addition to and without limiting Sensible’s rights set forth above in the immediately preceding paragraph, Sensible reserves the right to modify or terminate these Weather Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Weather Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Sensible is required to obtain a license or permit of any kind to continue to provide these Weather Guarantee Terms in any jurisdiction; or (iii) Sensible determines or a court or arbitrator holds that the provisions of these Weather Guarantee Terms violate applicable law. If Sensible modifies or terminates these Weather Guarantee Terms in accordance with the foregoing, Sensible will process all reimbursement requests that you submitted prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

VII. Disclaimers and Limitations of Liability
IN NO EVENT SHALL SENSIBLE ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE OUR WEBSITE (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE MERCHANT’S EXPERIENCE (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR WEBSITE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR WEBSITE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONFor jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Weather Guarantee Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO OBTAIN THE WEATHER GUARANTEE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THESE WEATHER GUARANTEE TERMS. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN THE AMOUNT(S) PAID BY YOU FOR THE WEATHER GUARANTEE UNDER THIS LIABILITY AROSE .

VIII. Dispute Resolution and Arbitration Agreement
Applicability of Arbitration AgreementSubject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or request for relief by or against Sensible arising out of or relating in any way to the Weather Guarantee or these Weather Guarantee Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Sensible may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  Informal Dispute ResolutionThere might be instances when a Dispute arises between you and Sensible. If that occurs, Sensible is committed to working with you to reach a reasonable resolution. You and Sensible agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Sensible therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Sensible that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@sensibleweather.com or regular mail to our offices located at 730 Arizona Avenue, Santa Monica, California, 90401, Attn: Chief of Staff. The notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account; (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple customers in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.Arbitration Rules and ForumThese Weather Guarantee Terms evidence a transaction involving interstate commerce and notwithstanding any other provision herein with  respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.  If the Informal Dispute Resolution Conference process above does not resolve satisfactorily within sixty (60) days after receipt of the notice, you and Sensible agree that either party shall seek to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  A party who desires to initiate arbitration must provide the other party with a request for arbitration (the “Request”).  The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above.  If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  Disputes shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to the Weather Guarantee shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules.  Authority of Arbitrator The arbitrator shall have exclusive authority to (a) determine the scope, enforceability, or applicability of the Arbitration Agreement, whether the Disputes are arbitrable, and the propriety of commencing the arbitration and (b) resolve any Dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are: (1) all Disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or that such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and Sensible. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, subject to the arbitral forum rules and the Arbitration Agreement, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.  Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator's awarding of damages must be consistent with the terms of the “Limitation of Liability” section of these Weather Guarantee Terms as to the types and the amounts of damages for which a party may be held liable. If you prevail in arbitration, you may seek an award of reasonable attorneys’ fees and expenses, to the extent permitted under applicable law. Sensible will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration, unless the arbitrator finds that either the substance of your Dispute or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations.
Waiver of Jury Trial.  YOU AND SENSIBLE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Sensible are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above.  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.   Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER, EXCEPT AS EXPRESSLY PROVIDED IN THE SUBSECTION ENTITLED “BATCH ARBITRATION”. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class of Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Sensible agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may litigated in the federal courts located in Los Angeles, California. All other Disputes shall be arbitrated. This subsection does not prevent you or Sensible from participating in a class-wide settlement of claims.Batch ArbitrationTo increase the efficiency of administration and resolution of arbitrations, you and Sensible agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Sensible by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), JAMS (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).All parties agree that Requests are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Sensible.You and Sensible agree to cooperate in good faith with JAMS to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. 30-Day Right to Opt OutYou have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 730 Arizona Avenue, Santa Monica, California, 90401, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your SW account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.SeverabilityExcept as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.Survival of AgreementThis Arbitration Agreement will survive the termination of your relationship with Sensible.ModificationNotwithstanding any provision in these Weather Guarantee Terms to the contrary, we agree that if Sensible makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing SW at the following address: 730 Arizona Avenue, Santa Monica, California, 90401. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Weather Guarantee Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating to these Weather Guarantee Terms, the provisions of the “Dispute Resolution” section as of the date you first accepted the terms of these Weather Guarantee Terms (or accepted any subsequent changes to these Weather Guarantee Terms) remain in full force and effect. Sensible will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Weather Guarantee Terms.

IX. General Provisions
IndemnificationYou agree to release, defend, indemnify, and hold Sensible and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Weather Guarantee and these Weather Guarantee Terms.Entire AgreementThese Weather Guarantee Terms constitute the entire and exclusive understanding and agreement between Sensible and you regarding the Weather Guarantee and these Weather Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Sensible and you regarding the Weather Guarantee.AssignmentYou may not assign or transfer the Weather Guarantee or these Weather Guarantee Terms, by operation of law or otherwise, without Sensible’s prior written consent. Any attempt by you to assign or transfer the Weather Guarantee or these Weather Guarantee Terms, without such consent, will be null and of no effect. Sensible may assign or transfer the Weather Guarantee or these Weather Guarantee Terms, at its sole discretion, without restriction. Subject to the foregoing, these Weather Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.NoticesUnless specified otherwise, any notices or other communications to customers permitted or required under this Agreement, will be in writing and given by Sensible via email at support@sensibleweather.com. The date of receipt will be deemed the date on which Sensible transmits the notice.Governing LawThese Weather Guarantee Terms shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice of law provision of rule. Waiver and SeverabilityThe failure of Sensible to enforce any right or provision of these Weather Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sensible. Except as expressly set forth in these Weather Guarantee Terms, the exercise by either party of any of its remedies under these Weather Guarantee Terms will be without prejudice to its other remedies under these Weather Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Weather Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Weather Guarantee Terms will remain in full force and effect.

X. Contacting Sensible
If you have any questions about these Weather Guarantee Terms, please email us at support@sensibleweather.com.