Policies & Statements
There are few things you should know about using this site.
Last Updated: August 1, 2019
We may reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Unless otherwise noted, all materials, including images, data, text, illustrations, designs, icons, photographs, video clips, and other materials that appear as part of this website (collectively, the “Contents”) are owned or licensed by Davis. The Contents, all Davis corporate and product trademarks, symbols, and website(s) as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the website. Davis reserves all rights not expressly granted in and to the website and the Contents.
The Contents of our website, and the website as a whole, are intended solely for personal, noncommercial use (other than for the purchase of merchandise from our site) by the users of our website. You may not use the website or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of product listings, descriptions, or prices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the website, or any related software. Any unauthorized use terminates the permission or license granted by Davis.
CHANGED PRODUCT FEATURES AND TERMS
Davis has the right at any time to change or discontinue any aspect or feature of the website/applications/services offered by Davis, including, without limitation, the Content, hours of availability, the equipment needed for access, or use of the service, or the service itself. Davis also has the right at any time to change or modify the terms and conditions applicable to use of the service/site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use for services that are currently free or adding or removing data upload partners, including, but not limited to, CWOP, GLOBE and any others. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on www.davisinstruments.com or any other Davis website, or by electronic or conventional mail, or by any other means. Any use of the software or services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
USER COMMENTS, FEEDBACK, DATA AND OTHER SUBMISSIONS
All comments, feedback, data, content, suggestions, ideas, and other submissions disclosed, submitted or offered to Davis on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, “Input”) shall be and remain Davis’s property. Such disclosure, submission or offer of any Input shall constitute an assignment to Davis of all worldwide right, title and interest in and to such Input, including, but not limited to, all copyrights, privacy and other intellectual property rights. Thus, Davis will own exclusively all such Input and shall not be limited in any way in its use, commercial or otherwise, of any Input. Davis is and shall be under no obligation (1) to maintain any Input in confidence; (2) to pay to user any compensation for any Input; or (3) to respond to any user Input.
You agree that no Input submitted by you to the website will violate any right of any third party, including, but not limited to, copyrights, privacy and other intellectual property rights. You further agree that no Input submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Input you make.
OUR COMMUNICATIONS TO YOU
Davis may send electronic mail to you for the purpose of advising you of changes or additions to this website, about any of Davis’s products or services, or for such other purpose(s) as Davis deems appropriate, unless you have directed us not to contact you with such communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Most Davis products displayed at the site are available at select Davis retailers in the United States. In some cases, merchandise displayed for sale at the site may not be available in stores. The prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States. For international orders, we reserve the right to direct your order to one of our international distributors for order fulfillment.
LINKS TO OTHER WEBSITES AND SERVICES
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL CONTENTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAVIS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAVIS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DAVIS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
From time to time there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
You agree to defend, indemnify and hold Davis harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website.
In order to access some features of the website or applications, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Davis immediately of any breach of security or unauthorized use of your account. Although Davis will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Davis or others due to such unauthorized use.
Unless otherwise specified and except to the extent Davis products are offered for sale in the United States through this website, this website and the Contents thereof are displayed solely for the purpose of promoting Davis’s products and services available in the United States.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Alameda and/or the Northern District of California.
This Agreement is effective unless and until terminated by either you or Davis. You may terminate this Agreement at any time. Davis also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in Davis’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Davis, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Your privacy is important to you, which means it’s important to us.
Last Updated: August 1, 2019
At Davis Instruments, we recognize that privacy is important. This Policy applies to all of the products, services, websites and applications offered by Davis Instruments Corp. If you have any questions about this Policy, please feel free to contact us through our website or write to us at Website Privacy Inquiry, Davis Instruments Corp. Inc., 3465 Diablo Ave., Hayward, California, 94545 USA.
INFORMATION WE COLLECT:
We offer a number of services that do not require you to register for an account or provide any personal information to us. In order to provide our full range of services, we may collect the following types of information:
Information you provide – When you sign up for a WeatherLink.com account or other service that requires registration, we ask you for personal information (which may include your user name, email address, account password, and latitude and longitude of your weather station). For certain services, we may also request credit card or other payment account information which we or our payments processors may maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other third parties in order to provide you with a better experience and to improve the quality of our services. Although such information may not be personal information or personally identifying information, for certain services, we may give you the opportunity to opt-out of combining such information.
Log information – When you use our website(s), our servers automatically record Davis network device configuration information and information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communication to Davis Instruments Corp., we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Affiliated sites – We may offer some of our services in connection with other websites. Personal information that you provide to those sites may be sent to Davis in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices, and we encourage you to read their privacy policies.
Links – davisinstruments.com or other Davis websites or applications may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
PURPOSE OF THE PROCESSING:
— Providing our products and services to users, including the display of customized content and advertising;
— Auditing, research and analysis in order to maintain, protect and improve our services;
— Ensuring the technical functioning of our network;
— Developing new services;
— Communicating with you and sending you information about our products and services, unless you have directed us not to contact you with such communications;
— Analyzing trends and statistics; and
— Complying with any legal requirements.
Davis processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party.
CHOICES FOR PERSONAL INFORMATION
When you sign up for a particular Davis service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt-out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.
You can decline to submit personal information to any of our services, in which case Davis may not be able to provide those services to you.
Davis only shares personal information with other companies or individuals, primarily payment processors, marketing partners, and marketing analytics firms, outside of Davis in the following limited circumstances:
— We have your consent.
— We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information or performing services on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
— We may share such information when we team up with another company to offer or provide products or services to our customers.
— We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Davis, its users or the public as required or permitted by law.
— If Davis becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, the personal information and other information we have collected as described in this Policy may be among the transferred business assets.
We may share with third parties certain pieces of aggregated, non-personal information, for example, how many users clicked on a particular link. We may also share with third parties other information that does not constitute personal information. Such information does not identify you individually.
Please contact us at the address below for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Davis employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations.
Davis processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use Davis services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information.
Davis regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Davis’s treatment of personal information by contacting us through this website or by writing to us at Website Privacy Inquiry, Davis Instruments Corp. Inc., 3465 Diablo Ave., Hayward, California, 94545 USA. When we receive formal written complaints at this address, it is Davis’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal information that cannot be resolved between Davis and an individual.
QUESTIONS OR CONCERNS
If you have any additional questions or concerns about this Policy, please feel free to contact us any time through this website or at Website Privacy Inquiry, Davis Instruments Corp. Inc., 3465 Diablo Ave., Hayward, California, 94545 USA or you may contact:
Davis Instruments Customer Service
RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM
We will make it clear if we rely on your consent to process your personal data and you are free to withdraw your consent at any time. If you wish to do so, please contact us. We will make all practical efforts to respect your wishes, but certain laws and obligations might require us to continue using some of your data.
Another reason we might use your personal data is because we have—or a third party has—a legitimate interest in doing so. We do so when responding to your inquires about our products and services; to provide services and technical support to you; to comply with laws that apply to us; and to enable internal administrative processes, such as account administration.
When we no longer need to process your personal data for the purposes described in this policy, we will delete your personal data from our systems. We therefore generally retain information when we have an ongoing legitimate business need for the information and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Providing Your Data
One reason we might use your information is because you’ve entered into a contract with us and we need to provide services under that contract. We may not be able to fulfill that contract if you choose not to provide us with your personal data.
Purpose of Processing
When we process your personal data, we determine the purpose of the processing and act as a controller. We will primarily process personal data from the EU to offer our services, process payments, and to provide prospective customers with information about our products, in addition to other purposes set out in this policy.
Automated Profiling & Decision Making
We do not engage in any automated decision making and profiling as a part of our services or elsewhere.
Your Right to Rectification
We want our records to be as accurate as possible so please advise us of any errors and we will make corrections accordingly. Although a difference of opinion or view does not necessarily mean that personal data is inaccurate, if you have a difference of opinion, we will do our best to add that opinion to our records.
Erasure and your “Right to be Forgotten”
Please contact us if you want us to delete your personal data. We will do our best to honor your request, but we may have an obligation to keep records for audit and legal purposes. We may also be able to “Restrict Processing” or delete specific information or a document, which we will do without undue delay, for example, where it has been sent to us in error.
Your Right to Object to Processing
In certain circumstances, you have the right to object to our use of your information, such as if we are using your information for direct marketing; for our or a third party’s legitimate interests or the public’s interest; or for scientific or historical research and statistics. Please contact us if you would like us to do so.
Right to Restrict Processing
Under some circumstances, you may request that we limit how we use your data or “Restrict Processing.” Simply a difference of opinion or view does not necessarily justify a restriction, but we will always consider your opinion. We will always inform you before we lift any restriction.
Your Right to Access Data
You have a right to receive a copy of your personal data from us. If you would like to do so, please contact us and we will advise you of the next steps as soon as possible, and in no more than one month.
Right to Data Portability
At your request, we are happy to provide your personal data in a machine-readable or “portable” format so you can move it or store it wherever you want, subject to certain limitations. We can also send it to another controller where technically feasible.
International Data Transfers
If you are visiting the site or using any of our services from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States.
Right to Complain
If you have a complaint about how Davis Instruments uses your personal data, we hope that in the first instance you will contact us and we will promptly address your concern. However, you can always file a complaint with the supervisory authority in your Member State. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
We do not charge you a fee for exercising any of your rights described above. The only exception to this will be if the request is excessive or repetitive, but we will always let you know that we plan to charge you before doing so.
Have a question about how and where we ship? You'll find an answer here.
Davis Instruments Shipping Policies
COVID-19 Note: Our warehouse is open and shipping in stock inventory without delays. We are following all CDC and local guidelines to ensure the health and safety of our employees.
While your order should ship within our normal processing times, we have seen an increase in shipping carrier delays due to COVID-19. These delays have only impacted a small portion of packages, but delays may add a week or more to standard transit times.
Order Processing & Delivery: Orders placed after 11:00 a.m. Pacific Time on Friday through 11:00 a.m. Pacific Time on Monday may not be processed until the following Tuesday; orders placed during holidays will be processed the next business day. Items in stock are normally shipped within 48 hours of order processing. We will advise you of any delay in shipping of 30 days or more. Please be sure to inspect the shipment upon arrival. Report any losses or damages to us at once. Be sure to save all components and packaging until the claim is settled.
Prices: Prices on this site are in US dollars, and are effective January 1. Details, specifications, and prices are subject to change at any time without notice.
Subscriptions & Service Plans: Shipping is free. For the USA, there are no taxes. International plans may require additional taxes or fees.
Shipping Location Policies
USA and Canada: Orders to the contiguous United States are shipped via surface unless you specify otherwise. Be sure to include a complete street address. Many of our services do not deliver to a P.O. Box. If using a rural route number, please provide a complete address and nearest cross road. If preferred service does not deliver to your area, we will ship via surface parcel post unless you specify otherwise. Depending on the service you requested, it can take up to 7-10 working days for delivery after shipment of your order.
We try our best to comply with the following guidelines:
Shipment Requested Order Scheduled to Go Out Next Day Next business day or earlier 2-Day 2 business days or earlier Surface 2-3 business days or earlier
We ship 1-day, 2-day and surface. Shipping charges are calculated based on shipping service, product weight, dimension, and shipping location.
Local Distributors: We have distributors in many countries throughout the world, and we encourage you to purchase from them. If you are buying a weather product, please try our International Weather Reseller Locator. They are in a better position to answer your questions and can often provide on-going service. In some countries, we have exclusive distributors. Please contact us at firstname.lastname@example.org for shipments outside USA and Canada.
If you have any questions about our products or your order, please contact us. We’ll be glad to help.
This is our service agreement for all service products.
Davis Instruments Service Agreement
Last Updated: June 25, 2020
This SERVICE AGREEMENT is made as of ___________, 20__, by and between Davis Instruments Corporation, a California corporation (“Davis”), and _______________________ (“Customer”). Davis and Customer are each referred to herein as a “Party” and collectively as the “Parties.”
Davis develops, manufactures and markets environmental monitoring products and services, including its WeatherLink® Live, Vantage Connect®, and EnviroMonitor®, products, which are more fully described in the catalogs and product literature published by Davis from time to time.
NOW, THEREFORE, in consideration of the mutual agreements and understandings herein, the Parties agree as follows:
A. Definitions. The following terms when used herein have the meanings indicated:
“Carrier” means the underlying wireless carrier of the Service and its subsidiaries and affiliates.
“Catalogs” means the catalogs, manuals and product literature published by Davis from time to time that describe the Equipment and Services.
“End User” means a customer of Reseller that purchases Equipment or Services from Reseller.
“Equipment” refers to Davis weather and automotive monitoring products designed to transmit data over wireless networks and/or internet networks to a Davis-hosted website for viewing and analysis.
“Reseller” means and refers to Customer, if Customer is entering into this Agreement to procure service plans for End Users.
“Service” means Davis’ and Carrier’s data network and includes the features and services described in the Catalogs, as in effect from time to time, and as amended by Davis or Carrier at any time without prior notice.
“Software” means any and all parts of the binary code portions of Davis Equipment.
B. Term of Agreement.
1. The term of this Agreement shall commence on the activation date of applicable device(s) and continue for a period of one year and thereafter shall automatically renew for successive one-year terms. Davis Instruments will automatically renew the service and process payment with the default payment method on file unless we receive written notification to terminate service at the end of the period by notifying Davis Instruments via email to email@example.com at least 30 days prior to renewal date.
C. Data and Information Collected.
1. By agreeing to use our site and/or data transmission services you grant Davis a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license with the right to sub-license (through multiple tiers), to use, copy, display, and distribute (through multiple tiers) all content collected, and after removing personal information, sell, modify, create derivative works from and/or incorporate such content into other works in any form, medium, or technology for any purpose whatsoever, commercial or otherwise without compensation to you
D. Customer’s Obligations; Limitations.
1. The SIM supplied with the Equipment shall be used only in such equipment and shall not be used in any other device or equipment.
2. Customer understands that Carrier or Davis may deny or terminate Service in certain circumstances, such as degradation of service on Carrier’s network, use by Customer or any End User of any application or equipment that Davis shall not have approved, or non-compliance with law, and neither Carrier nor Davis will have any liability whatsoever to Customer resulting from any such denial or termination.
3. Customer acknowledges that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain or other natural or artificial conditions, usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities. Neither Carrier nor Davis shall be responsible for any such refusal, interruption, curtailment or limitation of Service or the inability to use the Service outside the Territory. Customer understands that neither Davis nor Carrier can or does guarantee the security of wireless transmissions or will be liable for any lack of security relating to use of the Service.
4. In no event shall Davis, the Carrier or any underlying data provider be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages.
5. Customer shall indemnify and defend Carrier and Davis and their respective officers, employees and agents, and hold each of them harmless, from and against any and all claims, causes of action, losses, liabilities, damages and expenses (including reasonable attorneys’ fees and costs), including for any property damage, personal injury or death, arising in any way directly or indirectly in connection with (a) this Agreement or any agreement between Reseller and any End User, (b) use, failure to use, or inability to use the Service, unless caused by the gross negligence or willful misconduct of Davis or Carrier, or (c) the use, failure to use or inability to use any Number. This Section D.5 shall survive any termination of this Agreement.
6. You will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the Equipment (collectively “Reverse Engineering”) or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, You may engage in Reverse Engineering solely for the purposes of obtaining such information as is necessary to achieve interoperability of independently created software and products with Davis technology, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) You have first requested such information from Davis and Davis failed to make such information available (for a fee or otherwise) under reasonable conditions. Any information supplied to or obtained by You under this section is confidential information of Davis subject to the obligations of section E, may only be used by You for the purpose described in this section, and will not be disclosed to any third party or used to create software or products which are substantially similar to the expression of Davis Equipment and/or Software.
- Limitations on Reverse Engineering. Decompilation, Disassembly, or Modification. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software or modify, adapt, translate, recast, alter or create derivative works from the Equipment or any portion of it, or provide, or disclose any such Software or any portion of it to any third party, except and only to the extent that such activity is expressly permitted by applicable law or by prior written approval of Davis (which approval may be conditioned, restricted, or denied in the sole discretion of Davis), notwithstanding this limitation.
- Transfer Restrictions. You may not distribute, rent, sell assign, sublicense, lease or make available on a network or otherwise, to multiple users (except as may be expressly permitted by your license to use and/or subscription to Software) or otherwise transfer the Software or use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. You may not transfer or assign this Agreement or any of your rights hereunder to any other party.
- Use in Other Products. You may not incorporate the Software or any portion of it into, or use the Software or any portion of it to develop other algorithms, programs, software, applications, or products unless expressly approved in writing in advance by Davis, which approval may be conditioned, restricted, or denied in the sole discretion of Davis.
- Separation of Components. The Software is licensed as a platform of products. Its components, as initially provided to you, may not be further separated for any purpose, including but not limited to, inclusion in any other software, algorithms, programs, applications, system, or platform.
- Copying Restrictions. The Software may be copied onto the hard disk drive of any authorized and compatible computing device owned or lawfully controlled by you for the sole purpose of installing and using the Software. All such copies shall include the same proprietary and copyright notices and legends as included in the authorized copy of the Software originally provided by Davis or an authorized third party and you shall not remove any such notices or legends from the Software or any copies of modifications of the Software, or otherwise modify the Software. You may not otherwise copy or modify the Software or provide copies of the Software, in whole or in part, to any other party except as may be expressly permitted by your license or subscription to the Software or other written Agreements with Davis.
- Ownership. The Software is licensed, not sold, to you for use only under the terms of this Agreement. You acknowledge that Davis retains ownership of the Software, any and all portions, copies, or authorized modifications of it, and all rights in and to it, throughout the world, including, but not limited to, intellectual property rights. Upon termination of this license or subscription for any reason, the license and subscription and all rights granted to you under this Agreement shall terminate and you shall cease to use the Software.
E. Limitations of Warranties and Liability.
1. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT DAVIS MAY PROVIDE WITH THE EQUIPMENT THAT DAVIS SELLS TO CUSTOMER, ALL SERVICE AND EQUIPMENT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR EQUIPMENT. DAVIS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER ACKNOWLEDGES IT IS NOT RELYING ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN CATALOGS, PACKAGING OR OTHER DOCUMENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY DAVIS OF ANY KIND. NEITHER DAVIS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS OR SUPPLIERS WARRANTS THAT THE INFORMATION, PRODUCTS, PROCESSES, OR SERVICES AVAILABLE THROUGH THE SERVICE OR EQUIPMENT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR-FREE. CUSTOMER HAS NOT RELIED ON AND WILL NOT CLAIM THAT IT IS ENTITLED TO THE BENEFITS OF ANY REPRESENTATIONS, PROMISES, DESCRIPTION OF THE SERVICE OR OTHER STATEMENT NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.
2. Davis shall not be liable for any deficiency or delay in performance caused as a whole or in part by any act or omission of Carrier, equipment failure, facility failure, facilities problem, lack of coverage or network capacity, equipment or facility upgrade or modification, equipment or facility shortage or relocation, or cause beyond Davis’s reasonable control.
F. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes all prior or contemporaneous negotiations, correspondence, understandings and agreements, whether written or oral, between the Parties, regarding the subject matter hereof.
G. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California, without reference to the principles of conflicts of laws.
H. Dispute Resolution.
1. The Parties waive their rights to seek remedies in court, including any right to a jury trial. Subject to Section H.3, any dispute between the Parties arising out of, relating to or in connection with this Agreement shall be resolved exclusively through non-binding mediation and binding arbitration conducted under the auspices of JAMS pursuant to its Mediation and Arbitration Rules and Procedures. In the event of a dispute that the Parties are unable to resolve by mutual agreement, the Parties shall first participate in a non-binding mediation before a mutually selected and agreed to JAMS neutral. The mediation shall last one business day, unless extended by agreement of the Parties. The Parties shall bear all JAMS costs and expenses on a pro rata basis. In the event that the Parties are not able to resolve their dispute by way of non-binding mediation, the Parties shall promptly take steps to commence a JAMS arbitration as set forth in paragraph 2 below. The Parties may continue to use the JAMS mediator as their arbitrator, or, at the request of either Party, select a different mutually agreed to arbitrator.
2. The arbitration hearing shall be held in the City and County of San Francisco, State of California. Disputes shall not be resolved in any other forum or venue. The arbitration shall be conducted by a retired judge who is experienced in resolving disputes regarding business transactions and shall continue from day to day until completed, weekends and holidays excepted. The arbitrator shall apply the substantive law of California to all state law claims. Limited discovery shall be conducted in accordance with JAMS’ Arbitration Rules and Procedures. The arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’ Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law or other written explanation of the reasons for the award. The Parties understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it as provided by law.
3. Notwithstanding anything in Section H.1 to the contrary, either Party shall have the right to seek injunctive relief before any court of competent jurisdiction in the City and County of San Francisco, State of California.
I. Consent to Use of Electronic Signatures. As a convenience to you, Davis provides access to Services online which may require you to enter into agreements.
1. You have read and understand the electronic copy of contracts, notices and records, including, without limitation, this Agreement and any amendments hereto.
2. You agree to, and intend to be bound by, the terms of the particular agreement, contract or transaction into which you entered.
3. By clicking on the “I Accept” button you acknowledge that you have read this Agreement, and that you understand the provisions of the Agreement and that you agree to be bound by the terms and conditions of this Agreement.
Declarations of Conformity
We’ve done some cool stuff, so we’re just trying to protect it.
Davis Instruments Product Patents
Virtual Patent Marking
The following Davis Instruments products are protected by patents in the U.S. and elsewhere. This page is intended to serve as notice under 35 U.S.C. § 287(a).
US Patent 7,705,616:
• Soil Moisture Sensor (sold separately and included with Complete Wireless Soil Moisture/Temperature Station) 6440, 6345CS
US Patent D729,641 & D758,895:
• Vantage Pro2 classic rain collector cone & debris screen, mnf. summer 2014 – 2016 All Vantage Pro2 Integrated Sensor suites, 7852, 7857
US Patent D817,789
• Vantage Pro2 Aerocone rain collector cone & debris screen All Vantage Pro2 Integrated Sensor suites, 7852, 7857
US Patent 9,091,596:
• UV sensor for wireless & cabled Vantage Pro2 Plus integrated sensor suites and UV sensors sold separately, mnf. summer 2014 & later. 6162, 6162C, 6163, 6327, 6490
US Patent 6,974,357: Key Buoy® 530 US Patent 7,255,254: Knot-A-Bag™ 480, 485 US Patent 7,032,529: Shockles® 2400, 2401, 2415, 2420, 2430, 2440, 2445 US Patent D808,765 & D842,070 : Snap Tool Multi-Key ™ 382
Updated 11 June 2020
Davis Brand Permissions and Guidelines
Want to use our name or logo? Please read this first.
Davis Instruments Logo Permissions & Guidelines
Although we’d like to accommodate all the requests we receive for our logos, we are passionate about protecting the reputation of our brand as a leader in manufacturing and selling quality Weather equipment and Marine accessories. We allow use of the Davis logo by express permission only.
When do I need permission to use Davis brand logos/images?
Because we are passionate about protecting the reputation of our brands, we are very careful about how our trademarks, logos, web pages, screenshots or other distinctive features, are used. It is never okay for any of our brand features to be altered, edited or misrepresented.
All of our trademarks, logos, web pages, screen shots and other distinctive features (“Davis Brand Features”) are protected by applicable trademark, copyright and other intellectual property laws. If you would like to use any Davis brand features on your website, in an ad, in an article or book, or reproduce them anywhere else, you may need to first receive permission from Davis. We’ve tried to make this process as painless as possible.
One instance when you don’t need to ask our permission is when you want to use a standard, unaltered Davis screenshot in a print (book, magazine, journal, newspaper) or electronic (web page, DVD, Blu Ray, CD) format for an instructive or illustrative purpose. This must be an unaltered–meaning there are no graphics, photos, or advertising copy superimposed on the screenshot you plan to use, nor have you changed the look of the image in any way–image from most of our products (see special cases below). Examples of instructive or illustrative purposes are: using a screenshot of a Davis product page to show where the document links are located or using a screenshot of an Product Search page to illustrate how to conduct a search.
If you have any concern that your intended re-use does not fall under this exception, please do get in touch with us by contacting the Webmaster after you have read the Guidelines for Third Party Use (the “Guidelines”).
Press and Reseller Websites, Catalogs, & Articles
You may also use our images, logos, screenshots and other Davis brand features without contacting us for permission if you are a Davis reseller or a member of the Press as long as you follow our Guidelines and read, agree with and adhere to our Terms.
All Other Uses
If these permissions do not agree with your situation or need, please contact our Webmaster for permission to use our images, logos, or features.
We appreciate your cooperation.
Use of Davis Brand Features
Although we’d like to accommodate all the requests we receive for our logos, we are passionate about protecting the reputation of our brand as a leader in manufacturing and selling Marine accessories and quality Weather equipment. We allow use of the Davis logo by express permission only. That means we have to turn down many requests because sites imply that Davis is endorsing them or is otherwise affiliated with them. The same applies if Davis’ trademarks, logos, web pages, screen shots, or other distinctive features (“Brand Features”) are associated with objectionable material, as determined by Davis.
As a result, we require that you have Davis’ explicit permission before using any Davis Brand Features. These Brand Features can be used only pursuant to these Guidelines, our Terms and Conditions, and for the specific purposes for which Davis has given permission. If you have a written agreement with Davis that specifically addresses how you may use its Brand Features, you don’t need to go through the approval process here unless you want to do something other than what has been authorized in your existing agreement. Otherwise, the only time you can use Brand Features without advance written permission is if there is clear and express language on our website stating that you can use those Brand Features without first obtaining permission, such as is the case with our Resellers’ use of our images/logos.
When you use any of our Brand Features, you must always follow the Rules for Proper Usage included in these Guidelines. In addition, Davis may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the Davis Brand Features. If we provide these requirements to you at the time of our approval, you must implement them before using our Brand Features. If we provide these requirements to you after we initially gave our permission, you must implement them within a commercially reasonable time frame.
To request approval, send to us in writing what your needs are and where/why you want permission. Although we will try to respond within 10 business days, we cannot guarantee that, and you can’t use Davis Brand Features until we have expressly granted you approval.
The approval to use Davis Brand Features is limited to the information provided in your request. If your anticipated use changes, before or after, Davis grants approval, you must update your request accordingly.
Please note that we can only give you permission to use the Davis Brand Features. We cannot give you permission to use any brand features belonging to third parties, such as the GLOBE logo and others.
What is a trademark?
A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion.
Why is it important to use marks correctly?
Rights to a trademark can last indefinitely if the owner continues to use the mark to identify its goods and services. If trademarks are not used properly, they may be lost and one of the company’s most important assets may lose all of its value. Rights may be lost not only because of a trademark owner’s improper use of the mark, but through improper use of the trademark by the public.
Rules for Proper Usage
Things To Do:
- If you are using a Davis trademark, distinguish the trademark from the surrounding text in some way. Capitalize the first letter, capitalize or italicize the entire mark, place the mark in quotes, use a different type style or font for the mark than for the generic name.
- If you do not capitalize the entire mark, always spell and capitalize the trademark exactly as they are shown in the Davis logos provided.
- Use the trademark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
- Use a generic term following the trademark, for example: DAVIS weather stations, Davis stations.
- Use only Davis-approved artwork when using Davis’ logos.
- If you are using a Davis logo on a web page, there must exist a minimum spacing of 10 pixels between each side of the logo and other graphic or textual elements on your web page.
- Brand trademarks: Normally, an unregistered Davis Brand Feature should be followed by the super-scripted letters TM to give notice that the company claims trademark rights in the term. A registered Davis Brand Feature should be followed by the symbol ® to identify the term as a registered trademark. In advertising copy, notice of trademark rights may be provided in a footnote format – e.g., by placing an asterisk adjacent to the Davis Brand Feature and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: *DAVIS is a trademark of Davis Instruments Corp.
Things You Can’t Do:
- One of the conditions for all uses is that you can’t make changes to our marks. Only we get to do that. 😉 Don’t remove, distort or alter any element of a Davis Brand Feature. That includes modifying a Davis trademark, for example, through hyphenation, combination or abbreviation, such as: DavisWeather, Davis-Instr., IncrediDavis. Do not shorten, abbreviate, or create acronyms out of Davis trademarks.
- Don’t display a Davis Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Davis, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Davis or Davis personnel unless authorized to do so.
- Don’t display a Davis Brand Feature on any website that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates applicable law.
- Don’t display a Davis Brand Feature in a manner that is in Davis’ sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Davis.
- Don’t display a Davis Brand Feature on a site that violates any law or regulation.
- Don’t frame or mirror any Davis page.
- Don’t incorporate Davis Brand Features into your own product name, service names, trademarks, logos, or company names unless authorized to do so.
- Don’t copy or imitate Davis’ trade dress, including the look and feel of Davis’ web design properties or Davis’ brand packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with Davis.
- Don’t adopt marks, logos, slogans, or designs that are confusingly similar to our Brand Features.
- Don’t register Davis trademarks as second-level domain names.
- Don’t use Davis trademarks in a way that suggests a common, descriptive, or generic meaning.
- Trademark rights vary from country to country. Some countries have severe criminal and civil penalties for improper use of the registration symbol. Therefore, don’t use the registration symbol (®) in countries where the mark has not been registered.
If there is any question about usage, requests for clarification or permission may be submitted through the process outlined above under “Permissions”.
Find a Davis logo here.
Davis Instruments Logos
Feel free to view/download our logos if you have permission to do so. Please review our Permissions & Guidelines. If you have permission to use the Davis logo, you may wish to use one of the logos here.
You are welcome to download any of these logos for use in the media, on a web site, in a promotional brochure, or as part of a report as long as you follow our Permissions & Guidelines. If you need a specific logo or have questions about our specifications, please feel free to send an email to the Webmaster.
- The proportions, fonts, and colors may not be changed. Be sure to scale the logos in direct proportion to the original.
- The colors used are Davis Blue (HEX: #1E384A, CMYK: 90% 70% 49% 43%, PMS: PANTONE 2189C), Blac and White.
- Proper trademarks and credit lines must be used with Davis logos.
If there is any question about usage, requests for clarification or permission may be submitted through the process outlined under “Permissions and Guidelines”.
We stand behind our quality products.
Davis Instruments Quality Assurance Statement
All Davis Weather Stations are assembled in our California factory using rigorous production controls and a quality management system. In addition, Davis Instruments quality management system is ISO 9001:2015 certified. See the certificate here.
Each unit is individually tested for accuracy, consistency and overall product quality. Our goal is to have all units perform to the specifications as printed in our Weather Catalog.
To view our full Quality Assurance statement as a PDF, please click this link.
Sourcing materials responsibly is important.
Davis Instruments Conflict Minerals Statement
Our products, like the products from many electronics companies, contain various metals that are purchased from third-party vendors and originate from countries worldwide. Certain metals, including tin, tantalum, tungsten and gold, have been labeled “Conflict Minerals” because they may be sourced from the conflict-laden Democratic Republic of Congo and adjoining countries.
Davis Instruments is a privately-held small business and, as such, is not directly subject to the Conflict Minerals reporting requirements of Section 1502 of the Dodd-Frank Financial Reform Act. However, we support the aims and objectives of the US legislation on the supply of Conflict Minerals.
While we do not directly source any of the materials included in the Dodd-Frank Act, we do use components that contain small amounts of these materials. We generally purchase components, which are used in our manufactured products, from major electronics industry distributors and resellers.
We expect our suppliers to commit to the EICC Code of Conduct which includes a provision related to the responsible sourcing of minerals. Pursuant to that Code of Conduct, suppliers must have a policy to reasonably assure that the tin, tantalum, tungsten and gold in the products they manufacture are conflict free. Davis Instruments relies on our suppliers to determine the sources and conflict status of the components supplied to us. We recognize that Conflict Minerals compliance requires time and effort on the part of our suppliers and we appreciate their ongoing work in this important matter.
We comply with the reduction of hazardous substances.
Davis Instruments RoHS Statement
It's not common, but if you have a faulty part, we'll make it right.
1 Year Limited Warranty
We warrant our products to be free of defects in material and workmanship for one year from the date of original purchase. While we make every effort to carefully manufacture our products to the highest standards of quality, occasionally parts may be found to be missing, defective, or damaged.
If you have a defective part, return the product to us, shipping charges prepaid. Include proof of purchase and a written explanation of the trouble. During the warranty period, we will, at our option, either repair or replace the product free of charge. Please do register your Davis product, even if you didn’t buy it from us. This will make the warranty process easier.
This warranty does not cover damage due to improper installation or use, lightning, negligence, accident, or unauthorized service, or to incidental or consequential damages beyond the Davis products themselves. Implied warranties are limited in duration to the life of this limited warranty.
Some states do not allow limitation on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations may no apply to you. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
Service and Repair
Need a repair? We'll do all we can!
Service & Repair
We make every effort to produce the most durable, long-lasting weather, marine, and automotive products possible. However, certain components are subject to wear and tear. Lightning, rain, salt spray, snow, and sleet; freezing temperatures and high heat; small mammals, insects and birds…many factors can take their toll. Because we know this, and because we know how important your purchase is to you, we are committed to providing the best possible service program we can.
Need a repair? Please contact us before sending items in for repair. We may be able to solve your problem over the phone or send replacement parts. If you are outside the USA or Canada, please contact your local reseller first; many have complete factory-authorized service centers. Get Service and Repair info.
Be sure to contact our Tech Support team before shipping your items back for repair. If your product needs to be returned for repair, the Technical Support representative will give you a Return Merchandise Authorization (RMA) number and explain how to pack and ship your product.
Return Policy: 30-Day Money-Back Guarantee
Have a product issue? We'll work with you to correct it.
Davis Instruments Return Policy
Looking to return one of our products? Please consider contacting us first, giving us the opportunity to correct the issue for you, or to simply hear your feedback. If you’d still like to return the product, we stand by our 30-day money-back guarantee.
If you purchased your Davis product directly from us, you may mail it back to us: mail the product, with the reason for its return, to the address below. Shipping charges are not refundable. If you have questions about returns, please contact us.
Davis Instruments Corp.
3465 Diablo Ave.
Hayward, California 94545 USA
If you purchased your Davis product from one of our resellers, please contact the reseller for returns.