WINDWARD TREE™ LLC TERMS OF SERVICE

Effective Date: September 25, 2026

These Terms of Service (the “Terms”) constitute a legally binding agreement between the business, professional practice, firm, company, governmental entity, nonprofit organization, or other organization accessing or using the Service (“Customer,” “you,” or “your”) and Windward Tree™ LLC, a New Jersey limited liability company (“Windward Tree™,” “Company,” “we,” “us,” or “our”).

These Terms govern Customer’s access to and use of the Windward Tree™ software platform, website, applications, data tools, reports, calculations, visualizations, and related services (collectively, the “Service”).

THE SERVICE IS OFFERED EXCLUSIVELY FOR PROFESSIONAL, COMMERCIAL, BUSINESS, GOVERNMENTAL, INSTITUTIONAL, OR ORGANIZATIONAL USE. THE SERVICE IS NOT OFFERED OR INTENDED FOR PERSONAL, FAMILY, OR HOUSEHOLD USE OR FOR USE BY CONSUMERS ACTING IN A CONSUMER CAPACITY.

PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 18, CUSTOMER AND Windward Tree™ AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT OR THROUGH A JURY TRIAL OR CLASS ACTION.

By creating an account, purchasing a subscription, clicking “I Agree,” accessing the Service, or otherwise using the Service, Customer acknowledges that it has read, understood, and agrees to these Terms.

If an individual creates an account, purchases a subscription, accesses the Service, or accepts these Terms on behalf of a Customer, that individual represents and warrants that:

1. the individual is acting in a professional or business capacity and not for personal, family, or household purposes;
2. the individual is authorized to act for and bind Customer; and
3. Customer is using the Service solely for professional, commercial, business, governmental, institutional, or organizational purposes.

1. PROFESSIONAL AND BUSINESS SERVICE

Windward Tree™ provides a user-operated professional software workspace for organizing, analyzing, and reviewing location, weather, mapped site, tree, and report information relevant to professional tree-failure review.

The Service is designed exclusively for professional and business users, which may include, as applicable, arborists, consulting arborists, tree-care professionals, engineers, attorneys and law firms, insurance professionals, claims professionals, investigators, consultants, property-management professionals, governmental entities, and other businesses and professionals engaged in activities for which the Service may be relevant.

Identification of a profession or industry in these Terms does not constitute an endorsement, certification, representation of suitability, or representation that the Service satisfies the standards applicable to that profession or industry.

Features may include, without limitation:

• weather-station identification;
• retrieval and presentation of historical weather observations;
• mapped storm-event information and context;
• elevation information;
• wind calculations;
• wind-related visualizations;
• wind roses;
• geographic and site information;
• case records;
• document and information organization;
• user-generated reports and report exports; and
• other analytical, organizational, mapping, calculation, or reporting functionality that Windward Tree™ may make available.

Windward Tree™ may add, modify, improve, discontinue, or replace features of the Service from time to time.

2. BUSINESS-USE RESTRICTION

2.1 No Consumer Use

The Service is not offered for personal, family, or household purposes. Customer shall use the Service solely in connection with Customer’s professional, commercial, business, governmental, institutional, or organizational activities. An individual may use the Service only in a professional or business capacity, including as an owner, employee, officer, member, partner, contractor, agent, or authorized representative of Customer.

2.2 Customer Representation

By purchasing, accessing, or using the Service, Customer represents and warrants that:

• Customer is acquiring and using the Service for professional or business purposes;
• Customer is not acquiring or using the Service primarily for personal, family, or household purposes;
• each person accessing the Service through Customer’s account is authorized to do so; and
• any person accepting these Terms on Customer’s behalf has authority to bind Customer.

2.3 Unauthorized Consumer Use

Use of the Service for personal, family, or household purposes is outside the scope of the license granted under these Terms and is prohibited. Windward Tree™ may decline to establish, or may suspend or terminate, an account if Windward Tree™ reasonably determines that the account is being used primarily for personal, family, or household purposes or otherwise outside the professional and business purposes for which the Service is offered. Nothing in these Terms is intended to waive or restrict any right that cannot lawfully be waived or restricted.

3. DECISION-SUPPORT TOOL; NO PROFESSIONAL SERVICES

The Service is a decision-support, research, calculation, visualization, and information-management tool provided to professional and business users.

Windward Tree™ does not, through the Service:

• perform or substitute for a field inspection;
• inspect any tree, property, structure, or site;
• provide arboricultural services;
• provide engineering services;
• provide meteorological consulting services;
• provide legal advice;
• provide insurance advice;
• render an expert opinion;
• determine the condition, structural integrity, defect, risk, hazard, or failure potential of any tree;
• determine whether a tree or limb should have been removed, maintained, inspected, treated, or otherwise managed;
• establish the cause of a tree, limb, or structural failure;
• establish the weather conditions actually existing at a particular tree or location at a particular moment;
• assign fault, negligence, responsibility, or liability;
• determine insurance coverage;
• make evidentiary or admissibility determinations; or
• make professional conclusions on behalf of Customer.

The Service does not replace Customer’s education, training, experience, professional qualifications, field investigation, inspection, professional standards, or independent professional judgment.

CUSTOMER RETAINS SOLE RESPONSIBILITY FOR ALL PROFESSIONAL OPINIONS, CONCLUSIONS, TESTIMONY, REPORTS, RECOMMENDATIONS, AND OTHER WORK PRODUCT CREATED, SIGNED, ADOPTED, SUBMITTED, OR PROVIDED BY CUSTOMER.

Windward Tree™’s provision of software functionality does not create an attorney-client, engineer-client, arborist-client, expert-witness, fiduciary, insurer-insured, or other professional relationship between Windward Tree™ and Customer or between Windward Tree™ and Customer’s clients.

4. WEATHER STATION DATA, THIRD-PARTY INFORMATION, CALCULATIONS, AND LIMITATIONS

The Service may retrieve, display, organize, process, calculate, summarize, or visualize weather observations and other information obtained from governmental agencies, recognized weather-reporting networks, weather stations, mapping providers, geographic databases, and other third-party sources.

4.1 Weather Reporting Station Data

Windward Tree™ relies upon historical and other reported weather observations obtained from weather reporting stations and related data sources. Weather station data presented through the Service is presumed by Windward Tree™ to accurately reflect the observations reported by the identified reporting station or source.

Windward Tree™ does not independently operate, inspect, calibrate, maintain, or verify third-party weather reporting stations and does not independently verify each observation supplied by a third-party source. Windward Tree™ does not alter the underlying reported observation for the purpose of representing that a different observation was recorded by the reporting station. The identification of a weather station and presentation of its reported observations does not constitute a representation by Windward Tree™ that conditions recorded at that station were identical to conditions existing at another geographic location.

4.2 Station Data and Site Conditions

Weather observations are associated with the location, instrumentation, reporting practices, and observation time of the applicable reporting station or source. Accordingly, even when the reported station observation is accurate, conditions at a tree-failure site or other location may differ from conditions reported by a weather station because of distance, elevation, terrain, structures, vegetation, localized weather conditions, storm movement, observation intervals, and other geographic, meteorological, or site-specific factors.

The Service’s identification, mapping, proximity analysis, or display of a particular weather station does not constitute a professional determination by Windward Tree™ that the station is the most representative station for a particular site or that its observations establish the conditions that existed at the site. Customer remains responsible for determining the relevance and appropriate professional use of particular station observations.

4.3 Third-Party Source Information

Windward Tree™ may rely upon information supplied by governmental agencies and other third-party sources without independently auditing or verifying the underlying source records. Although such information may be presumed accurate for purposes of operating the Service, Windward Tree™ does not control third-party collection, instrumentation, measurement, transmission, maintenance, correction, publication, or reporting practices and cannot warrant that third-party information is free from transcription errors, equipment errors, omissions, subsequent corrections, or other source-level inaccuracies. If an underlying source subsequently corrects or revises information, information previously retrieved or incorporated into Customer work product may not automatically reflect that subsequent correction or revision.

4.4 Calculations and Visualizations

Wind calculations, estimates, models, wind roses, mapped information, visualizations, derived values, and other analytical outputs produced through the Service may depend upon reported source data, mathematical methods, assumptions, geographic information, and Customer-selected inputs. Such calculations and visualizations are tools provided to assist Customer’s professional analysis. They do not constitute an independent meteorological, arboricultural, engineering, forensic, legal, or expert opinion of Windward Tree™.

4.5 Customer’s Professional Evaluation

Customer is responsible for determining whether a particular weather station, observation, data source, calculation, visualization, or other Service output is relevant and appropriate for Customer’s particular professional purpose. Nothing in this Section requires Customer to independently authenticate every weather observation presented through the Service. Rather, Customer remains responsible for evaluating the professional significance and appropriate use of the information in light of the particular matter being reviewed.

5. CUSTOMER’S PROFESSIONAL RESPONSIBILITIES

Customer is solely responsible for:

• conducting any necessary site or tree inspection;
• selecting appropriate information and data sources;
• evaluating the relevance, professional significance, and appropriate use of source information, including determining the extent to which weather-station observations are representative of conditions at the location under review;
• reviewing calculations, visualizations, and other derived outputs as appropriate before incorporating or relying upon them in Customer’s professional work product;
• interpreting weather, tree, geographic, and site information;
• determining whether additional information or investigation is required;
• reviewing reports before they are issued or relied upon;
• determining what information should be included in or excluded from Customer’s professional work product;
• maintaining appropriate records;
• complying with applicable professional and industry standards;
• complying with applicable laws, regulations, court rules, discovery requirements, evidentiary requirements, licensing requirements, contractual requirements, and ethical obligations; and
• exercising independent professional judgment.

No output of the Service shall be characterized as an opinion, conclusion, certification, or determination of Windward Tree™ unless Windward Tree™ expressly states otherwise in a written document signed by an authorized representative of Windward Tree™.

6. ACCOUNTS, AUTHORIZED USERS, AND SECURITY

Customer must provide accurate account information and keep that information current. Customer is responsible for identifying and controlling individuals authorized to use Customer’s account (“Authorized Users”). Customer is responsible for the acts and omissions of its Authorized Users in connection with the Service and for ensuring their compliance with these Terms. Customer and its Authorized Users must maintain the confidentiality of login credentials. Credentials may not be shared except as expressly permitted by the applicable subscription plan. Customer shall promptly notify Windward Tree™ of known or suspected unauthorized access to Customer’s account.

7. SUBSCRIPTIONS, FEES, AND PAYMENT

Certain portions of the Service require a paid professional or business subscription. Customer agrees to pay all subscription fees and other charges disclosed at the time of purchase or otherwise agreed to between Customer and Windward Tree™. Unless otherwise expressly stated, subscription fees are payable in advance and are non-refundable except where required by applicable law or expressly provided in these Terms. Windward Tree™ may offer monthly, annual, enterprise, organizational, promotional, trial, or other business subscription arrangements. Windward Tree™ may change subscription prices upon reasonable advance notice, with any price change becoming effective for a subsequent subscription period unless otherwise agreed in writing or required by applicable law.

Billing Questions and Payment Disputes. If Customer believes a charge is incorrect, please contact support@windwardtree.com promptly so Windward Tree™ can investigate and resolve the issue. Customer agrees not to knowingly submit false or misleading information in connection with a payment dispute. Windward Tree™ may contest disputed charges and provide relevant transaction, acceptance, and service-use records to its payment processor or the card issuer. Nothing in this provision limits rights available under applicable law or applicable payment-network rules, or requires Customer to delay reporting suspected unauthorized use of a payment method.

8. RENEWAL AND CANCELLATION

If Customer selects a subscription that automatically renews, Customer authorizes Windward Tree™ or its payment processor to charge the applicable subscription fee at each renewal unless Customer cancels before renewal. The applicable subscription term, renewal frequency, price, and cancellation procedure will be disclosed during the purchasing process or applicable order form. Customer may cancel an automatically renewing subscription using the cancellation method provided within the Service or otherwise identified by Windward Tree™. Cancellation ordinarily prevents future renewal charges but does not retroactively refund amounts already properly charged, except where required by applicable law or expressly stated otherwise.

9. ACCEPTABLE USE

Customer and its Authorized Users shall not:

• use the Service for personal, family, or household purposes;
• use the Service for unlawful purposes;
• attempt to obtain unauthorized access to the Service or another user’s account;
• circumvent access, usage, subscription, or security controls;
• interfere with the operation or security of the Service;
• introduce malicious software or code;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Service except to the limited extent such restriction is prohibited by applicable law;
• scrape or systematically extract Service content except as expressly authorized;
• resell, sublicense, lease, or commercially distribute access to the Service without Windward Tree™’s written authorization;
• falsely represent that Windward Tree™ performed an inspection or rendered a professional or expert opinion;
• remove proprietary notices from Service materials; or
• use the Service in a manner that infringes or violates another person’s rights.

10. CUSTOMER CONTENT

Customer may, enter, generate, store, or otherwise provide information, case information, notes, or other materials through the Service (“Customer Content”).

As between Customer and Windward Tree™, Customer retains all ownership rights in Customer Content. Windward Tree™ does not acquire ownership of Customer Content by virtue of Customer’s use of the Service.

Customer grants Windward Tree™ a limited, non-exclusive right to host, store, copy, process, transmit, and display Customer Content solely to the extent reasonably necessary to provide, maintain, secure, support, and operate the Service for Customer.

Windward Tree™ will not sell, rent, disclose, distribute, publish, or otherwise share Customer Content with third parties, except to the limited extent necessary for service providers acting on Windward Tree™’s behalf to host, maintain, secure, support, or operate the Service; as expressly authorized or directed by Customer; or when disclosure is required by applicable law, subpoena, court order, or other valid legal process.

Any service provider permitted to access Customer Content on Windward Tree™’s behalf shall be permitted access only as reasonably necessary to perform services for Windward Tree™ and shall be subject to appropriate confidentiality or data-protection obligations. Windward Tree™ will not use Customer Content for advertising or marketing to third parties and will not sell Customer Content. Customer represents and warrants that Customer has all rights and permissions necessary to provide Customer Content to the Service.

11. INTELLECTUAL PROPERTY

Except for Customer Content and third-party materials, Windward Tree™ and its licensors own all rights, title, and interest in and to the Service, including its software, interfaces, designs, methodologies, databases, compilations, graphics, calculations, documentation, trademarks, and other proprietary materials. Subject to these Terms and payment of applicable fees, Windward Tree™ grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during Customer’s subscription solely for Customer’s lawful professional and business purposes. No ownership interest in the Service is transferred to Customer.

12. THIRD-PARTY SERVICES AND DATA

The Service may rely upon, integrate with, link to, or display information supplied by third parties, including governmental agencies, weather reporting stations and networks, mapping providers, geographic data providers, and other sources. As specifically provided in Section 4, weather-station data presented through the Service is presumed by Windward Tree™ to accurately reflect the observations reported by the identified reporting station or source. Windward Tree™ does not independently operate, inspect, calibrate, or maintain third-party reporting stations. Windward Tree™ does not control third-party services or data sources and is not responsible for their availability, security, methodology, modification, discontinuation, or source-level errors, omissions, or subsequent corrections. Third-party services and information may be governed by additional terms imposed by their providers. Windward Tree™ may change third-party providers or data sources when reasonably necessary to operate the Service.

13. REPORTS, PROFESSIONAL WORK PRODUCT, AND EXPORTS

The Service may allow Customer to generate or export reports, maps, charts, graphics, calculations, weather information, visualizations, or other materials. Such materials constitute software-assisted work product prepared at Customer’s direction and are not reports, opinions, conclusions, certifications, or professional work product of Windward Tree™. Customer is solely responsible for reviewing and approving such materials before distribution, submission, testimony, publication, incorporation into professional work product, or reliance by Customer or any third party. Customer shall not represent, expressly or by implication, that a report generated through the Service constitutes an expert opinion, professional certification, finding, recommendation, or independent conclusion of Windward Tree™. Customer is responsible for identifying and preserving underlying information when required by applicable professional, litigation, discovery, evidentiary, contractual, regulatory, or recordkeeping obligations.

14. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CALCULATIONS, MAPS, VISUALIZATIONS, REPORTS, OUTPUTS, AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Windward Tree™ relies upon weather observations and other information supplied by reporting stations and third-party sources as described in Section 4. Weather-station data presented through the Service is presumed by Windward Tree™ to accurately reflect the observations reported by the identified reporting station or source. That presumption does not constitute a warranty that the reporting station or source is free from source-level error or that the reported conditions were identical to conditions at another geographic location.

SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Windward Tree™ DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, AND FITNESS FOR PROFESSIONAL, FORENSIC, LITIGATION, INSURANCE, ENGINEERING, ARBORICULTURAL, OR EVIDENTIARY USE.

Windward Tree™ does not warrant that the Service will be uninterrupted, error-free, secure, or free from harmful components or that errors will always be corrected. Nothing in these Terms excludes a warranty or other obligation that cannot lawfully be excluded.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Windward Tree™, LLC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, DATA PROVIDERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, LOSS ARISING FROM PROFESSIONAL RELIANCE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF Windward Tree™, LLC AND ALL OF THE FOREGOING PERSONS AND ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICE, ANY SERVICE OUTPUT, OR THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO Windward Tree™ FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

If Customer has used the Service for less than twelve months, the cap shall be the total subscription fees actually paid by Customer during that shorter period. The foregoing limitation is an aggregate cap applicable collectively to all claims and causes of action and shall not be multiplied by the number of claims, events, Authorized Users, reports, cases, transactions, damages, or legal theories asserted. Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited. Customer and Windward Tree™ acknowledge that the subscription pricing and other economic terms reflect this allocation of risk and that Windward Tree™ would not provide the Service on the same economic terms without these limitations.

16. INDEMNIFICATION

To the maximum extent permitted by applicable law, Customer shall defend, indemnify, and hold harmless Windward Tree™, LLC and its affiliates, members, managers, officers, employees, contractors, agents, licensors, data providers, successors, and assigns from and against third-party claims, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

1. Customer’s or an Authorized User’s use or misuse of the Service;
2. Customer’s or an Authorized User’s violation of these Terms;
3. Customer Content;
4. Customer’s violation of applicable law or another person’s rights;
5. Customer’s professional services, inspections, reports, opinions, testimony, conclusions, recommendations, representations, or other work product;
6. any allegation that Customer relied improperly upon information or output from the Service;
7. Customer’s professional interpretation or use of weather, tree, geographic, mapping, calculation, visualization, or other information;
8. any representation that Windward Tree™ performed an inspection, rendered an expert opinion, established causation, determined tree condition or risk, assigned liability, or otherwise provided professional services when Windward Tree™ did not do so;
9. Customer’s distribution, submission, testimony concerning, or use of a report or other output generated through the Service; or
10. Customer’s professional or business relationship with Customer’s own client, customer, insurer, insured, attorney, expert, consultant, property owner, governmental entity, or other third party to the extent the claim relates to Customer’s use of the Service.

Windward Tree™ shall provide reasonable notice of a covered claim. Windward Tree™ may participate in the defense with counsel of its choosing at its own expense. Customer may not enter into a settlement that admits wrongdoing by, imposes obligations upon, or restricts the rights of Windward Tree™ without Windward Tree™’s prior written consent.

17. TERMINATION AND SUSPENSION

Customer may discontinue use of the Service at any time and may cancel a subscription in accordance with the applicable subscription terms. Windward Tree™ may suspend or terminate access if Customer materially violates these Terms, fails to pay amounts when due, creates a material security risk, uses the Service unlawfully, uses the Service for prohibited consumer purposes, or engages in conduct reasonably likely to harm the Service or other users. Upon termination, Customer’s right to access the Service ends, subject to any applicable data-export period or other rights Windward Tree™ expressly provides. Sections that by their nature should survive termination shall survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

18. BINDING BUSINESS-TO-BUSINESS ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER

18.1 PLEASE READ THIS SECTION CAREFULLY

THIS SECTION REQUIRES MOST DISPUTES BETWEEN CUSTOMER AND Windward Tree™ TO BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. IT ALSO LIMITS THE ABILITY OF CUSTOMER AND Windward Tree™ TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDINGS.

18.2 Informal Dispute Resolution

Before commencing arbitration, the party asserting a dispute shall provide the other party with written notice describing the dispute, the material facts supporting it, and the requested relief. The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days following receipt of the notice. Notice to Windward Tree™ shall be sent to:

Windward Tree™ LLC Attn: Legal 971 US Highway 202N, Ste N Branchburg, NJ 08876 Email: support@windwardtree.com

18.3 Agreement to Arbitrate

Except for disputes expressly excluded below, Customer and Windward Tree™ agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, Customer’s account, subscription, purchase, use of the Service, reports or outputs generated through the Service, or the business relationship between Customer and Windward Tree™ shall be resolved by final and binding arbitration rather than in court.

18.4 Commercial Arbitration

Unless the parties agree otherwise in writing, arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures in effect when arbitration is initiated. The parties acknowledge that the Service is offered solely for professional and business use and that their relationship under these Terms is intended to be a commercial relationship. If AAA is unavailable or unwilling to administer the arbitration, the parties shall attempt to select another nationally recognized arbitration provider. If they cannot agree, either party may request that a court of competent jurisdiction appoint an arbitrator or arbitration administrator as permitted by applicable law.

18.5 Location and Format

Unless the parties agree otherwise or the arbitrator determines another arrangement is appropriate under the applicable rules, arbitration shall take place in the State of New Jersey. The arbitration may be conducted remotely by videoconference upon agreement of the parties or determination of the arbitrator.

18.6 Authority of Arbitrator

The arbitrator may award any individual remedy or relief that would otherwise be available in a court of competent jurisdiction, subject to these Terms and applicable law. The arbitrator shall issue a reasoned written decision upon request of either party. Judgment upon the arbitration award may be entered in any court having jurisdiction.

18.7 Exceptions

Nothing in this Section prevents either party from:

• bringing an eligible individual action in small claims court;
• seeking temporary or preliminary injunctive relief from a court when necessary to prevent immediate and irreparable harm pending arbitration;
• seeking judicial relief concerning infringement, unauthorized use, or misappropriation of intellectual property rights; or
• exercising rights that applicable law expressly prohibits the parties from requiring to be arbitrated.

18.8 CLASS, COLLECTIVE, MASS, AND REPRESENTATIVE ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND Windward Tree™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

UNLESS CUSTOMER AND Windward Tree™ EXPRESSLY AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE CUSTOMERS OR OTHER PERSONS OR ENTITIES AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.

18.9 JURY TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DISPUTE PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, CUSTOMER AND Windward Tree™ KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

18.10 Severability

If a portion of this Section is determined to be unenforceable, that portion shall be severed to the minimum extent necessary and the remainder shall remain effective, except where applicable law requires a different result.

19. GOVERNING LAW

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the State of New Jersey.

For any proceeding permitted to occur in court rather than arbitration, Customer and Windward Tree™ consent to the exclusive jurisdiction of the applicable state and federal courts located in New Jersey, except where applicable law requires otherwise.

20. CHANGES TO THESE TERMS

Windward Tree™ may modify these Terms from time to time. If a change is material, Windward Tree™ will provide reasonable notice as required by applicable law. Changes will become effective on the date identified in the updated Terms or notice. Where applicable law requires affirmative consent to a change, Windward Tree™ will obtain such consent before the change becomes binding. Changes to the arbitration agreement will be handled in accordance with applicable law and any additional notice provided with the amendment.

21. ELECTRONIC COMMUNICATIONS

Customer agrees that Windward Tree™ may provide agreements, notices, disclosures, receipts, and other communications electronically, subject to applicable law. Customer is responsible for maintaining a current business email address associated with Customer’s account.

22. FORCE MAJEURE

Windward Tree™ shall not be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, governmental actions, telecommunications failures, internet outages, utility failures, labor disputes, cyberattacks, third-party service interruptions, failures of governmental or commercial data providers, or other events beyond Windward Tree™’s reasonable control.

23. ASSIGNMENT

Customer may not assign or transfer these Terms without Windward Tree™’s prior written consent. Windward Tree™ may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or transfer of the Service or business, subject to applicable law.

24. INDEPENDENT PARTIES

Customer and Windward Tree™ are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, employment relationship, agency, fiduciary relationship, professional relationship, or other relationship permitting Customer to bind Windward Tree™ or Windward Tree™ to bind Customer.

25. NO THIRD-PARTY BENEFICIARIES

Except for persons expressly entitled to indemnification or liability protections under these Terms, these Terms do not create rights in any third-party beneficiary.

26. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the greatest extent permitted by applicable law. If it cannot be enforced, it will be removed from these Terms only to the extent necessary.

The remaining provisions of these Terms will remain in full force and effect.

27. WAIVER

A failure by Windward Tree™ to enforce a provision of these Terms does not waive its right to enforce that provision or any other provision in the future.

28. ENTIRE AGREEMENT

These Terms, together with any applicable order form, subscription terms, privacy policy, or other terms expressly incorporated by reference, constitute the entire agreement between Customer and Windward Tree™ concerning the Service and supersede prior or contemporaneous communications concerning their subject matter.

If an executed written agreement between Windward Tree™ and Customer expressly conflicts with these Terms, the executed agreement shall control to the extent of the conflict.

29. CONTACT INFORMATION

Questions, legal notices, or other communications concerning these Terms may be directed to:

Windward Tree™ LLC 971 US Highway 202N, Ste N Branchburg, NJ 08876 Email: support@windwardtree.com Website: windwardtree.com

CUSTOMER ACKNOWLEDGMENT

BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, CLICKING “I AGREE,” OR ACCESSING OR USING THE SERVICE, CUSTOMER REPRESENTS THAT IT IS ACTING FOR PROFESSIONAL OR BUSINESS PURPOSES AND ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO THESE TERMS, INCLUDING THE BUSINESS-USE RESTRICTION, DISCLAIMER OF PROFESSIONAL SERVICES, WEATHER-STATION AND THIRD-PARTY DATA PROVISIONS, WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION OBLIGATIONS, BINDING COMMERCIAL ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER.