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Disclaimer

Last Updated: December 20, 2024

⚠️ IMPORTANT SAFETY NOTICE

WindStoke is an informational and entertainment service only. It is NOT designed for emergency alerts, safety-critical decisions, or any situation where inaccurate information could result in injury, death, or property damage. ALWAYS verify conditions through official sources and use your own judgment before engaging in any outdoor activities.

Purpose of Service

WindStoke ("Service") is designed to provide recreational weather notifications to help water sports enthusiasts know when conditions at their favorite spots may be favorable for their activities. The Service is intended to be used as one of many tools in planning recreational activities.

WindStoke is NOT intended for: Emergency preparedness, storm tracking, evacuation decisions, marine navigation, commercial operations, aviation, search and rescue, or any safety-critical applications.

No Guarantee of Accuracy

The weather data provided through WindStoke is obtained from third-party sources including, but not limited to:

  • National Oceanic and Atmospheric Administration (NOAA)
  • National Weather Service (NWS)
  • National Data Buoy Center (NDBC)
  • Automated Surface Observing Systems (ASOS)

We make no representations or warranties about the accuracy, completeness, reliability, or timeliness of this data. Weather data may be:

  • Delayed by minutes or hours
  • Incorrect due to sensor malfunctions
  • Missing or unavailable due to station outages
  • Affected by data transmission errors
  • Different from actual conditions at your location

Alert Delivery

WindStoke attempts to deliver alerts via email, push notifications, and/or SMS based on your settings. However, we do not guarantee that alerts will be delivered. Alert delivery may fail due to:

  • Email spam filters or delivery issues
  • Push notification service outages
  • SMS delivery failures or carrier issues
  • Server downtime or maintenance
  • Internet connectivity problems
  • Software bugs or errors
  • Third-party service provider outages

Never rely solely on WindStoke alerts. Always verify current conditions through multiple sources before making any decisions about outdoor activities.

Assumption of Risk

By using WindStoke, you acknowledge and agree that:

  • Water sports and outdoor activities are inherently dangerous
  • Weather and water conditions can change rapidly and unpredictably
  • Conditions reported by weather stations may not reflect conditions at your specific location
  • You are solely responsible for assessing conditions and making safe decisions
  • You assume all risks associated with your activities
  • You will not hold Michigan Dawn Patrol liable for any injuries, damages, or losses

Not Professional Advice

The information provided by WindStoke does not constitute professional meteorological advice. We are not licensed meteorologists, and our Service should not be used as a substitute for professional weather forecasting services.

For official weather information, please consult:

  • National Weather Service: weather.gov
  • NOAA: noaa.gov
  • Local Coast Guard and marine authorities
  • Licensed meteorological services

Third-Party Data

WindStoke aggregates data from third-party sources. We have no control over the accuracy, availability, or reliability of this data. The third-party data providers are not affiliated with WindStoke and bear no responsibility for how their data is used or displayed in our Service.

Service Availability

WindStoke is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be:

  • Available at all times
  • Uninterrupted or error-free
  • Free of viruses or harmful components
  • Compatible with all devices or browsers

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

MICHIGAN DAWN PATROL, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

  • Your use of or inability to use the Service
  • Any errors, inaccuracies, or omissions in the weather data
  • Any failure or delay in alert delivery
  • Any decisions you make based on information from the Service
  • Any injuries, deaths, or property damage
  • Any loss of profits, data, or business opportunities

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless Michigan Dawn Patrol from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from your use of the Service or violation of this Disclaimer.

Your Responsibilities

When using WindStoke, you agree to:

  • Use the Service only for lawful, recreational purposes
  • Verify conditions through multiple reliable sources
  • Exercise appropriate caution and judgment
  • Have proper training, skills, and equipment for your activities
  • Follow all applicable laws, regulations, and safety guidelines
  • Never exceed your abilities or ignore dangerous conditions
  • Not rely solely on WindStoke for safety-critical decisions

Changes to This Disclaimer

We reserve the right to modify this Disclaimer at any time. Changes will be posted on this page with an updated revision date. Your continued use of the Service constitutes acceptance of any changes.

Contact

Questions about this Disclaimer may be directed to:

Michigan Dawn Patrol
Email: [email protected]
Website: windstoke.app

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