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 maps, scores, data products, reports, downloadable materials, or services that link to or reference these Terms (collectively, the “Services”). By selecting “Agree and Continue,” by accessing or using the Services, or by downloading or relying on any output from the Services, you agree to be bound by these Terms and by the Privacy Policy. If you do not agree, do not access or use 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, and “you” includes that entity.
Degree Day, LLC (“Degree Day,” “we,” “us,” or “our”) provides the Services as informational, educational, and preliminary hazard-screening tools. The Services present generalized hazard indicators derived from third-party and proprietary data, models, assumptions, and processing methods. Outputs may include map layers, scores, rankings, summaries, downloadable images, reports, or other derived content.
The Services are not site-specific engineering analyses, flood studies, geotechnical evaluations, insurance products, legal analyses, financial opinions, or investment recommendations.
The Services are provided solely for informational, educational, and preliminary hazard-screening purposes. Results are subject to uncertainty and may contain errors, omissions, spatial imprecision, temporal limitations, modeling assumptions, or data gaps.
The Services do not provide property-specific engineering, flood, geotechnical, structural, insurance, legal, financial, underwriting, siting, compliance, or investment advice, and they must not be relied upon as the sole basis for any design, construction, siting, acquisition, lending, underwriting, compliance, mitigation, emergency-planning, or other risk-management decision.
Use of the Services does not create an engineer-client, consultant-client, fiduciary, broker, insurer, attorney-client, or other professional advisory relationship.
The Services do not evaluate every factor relevant to real-world hazard or loss, including asset condition, construction, elevation, drainage, maintenance, resilience measures, code compliance, local site conditions, regulatory changes, or changing future conditions. Hazard scores, map layers, and related outputs are generalized screening indicators only.
Outputs are not guarantees or predictions of past, present, or future flooding, damage, loss, insurability, regulatory status, code compliance, habitability, performance, or business interruption at any specific location.
You are solely responsible for independently verifying all information obtained through the Services and for obtaining qualified site-specific advice from appropriate licensed or otherwise qualified professionals before making any decision or taking any action based on the Services.
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 obligations, and internal decision-making requirements.
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 screening purposes.
You may not:
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 at all times, uninterrupted, secure, or error-free.
We may update hazard layers, scores, methods, interfaces, features, or content over time. Outputs generated at different times may differ because of changes in source data, methodology, geography, or processing.
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 applicable 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 not expressly granted.
Some data, basemaps, or third-party materials incorporated into the Services may be subject to separate license terms, attribution requirements, or usage restrictions. You agree to comply with those requirements where applicable.
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 Website after changes constitutes acceptance of the new Terms.
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 third-party services, content, accuracy, availability, or policies.
Your use of third-party services may be subject to additional terms and policies imposed by those providers.
Your use of the Services is also governed by the Degree Day Privacy Policy, which explains how we collect, use, disclose, and safeguard information.
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, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
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 SUITABLE FOR ANY PARTICULAR DECISION OR USE.
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, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.
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 THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID DEGREE DAY, IF ANY, FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the foregoing limitations apply only to the maximum extent permitted by law.
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, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your breach of these Terms, your violation of law, or your infringement of any third-party right.
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 used the Services in a way that is unlawful or harmful.
Sections that by their nature should survive termination will survive, including sections relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and general provisions.
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 exclusively in the state or federal courts located in San Diego and California, and each party consents to the personal jurisdiction and venue of those courts.
If you intend to use mandatory arbitration, a class-action waiver, or jury-trial waiver, those provisions should be added only after review by counsel and matched carefully to the site's assent flow.
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 revised Terms become effective, you agree to the revised Terms.
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.
Questions, legal notices, or requests regarding these Terms should be sent to:
Degree Day, LLC
Email: info@degreeday.org
