- Billing Policy
- Discount Policy
- Review Submission Guidelines
- Accessibility Statement
- Terms of Service
- Refunds & Cancellations
- Internal Notices
The maximum online order dollar amount is $2,000. To place an order over $2,000 please contact us via chat or email and we will help place the order for you.
Credit cards are authorized in real-time at the moment the order is placed on AcuRite.com. The card is charged when the order has shipped. Temporary holds may be placed on funds for failed orders due to mismatching billing information or other payment issues. This hold is released within 2-5 business days depending on the bank/card issuer and we do not control this time frame. The billing address provided to us must exactly match the one on file with the card issuer/bank or else the payment and order are rejected by the system.
As a customer-focused manufacturer, AcuRite.com encourages the use of coupons by our customers in our online store, in accordance with the following guidelines:
- Coupons must be input at the time of purchase. Coupons cannot be applied to previous purchases.
- Only one discount per order. Discount cannot be combined with other discount offers except where indicated. Sale products may be not be eligible for discounts.
- Discounts must be redeemed prior to their expiration date.
- Offers cannot be combined with any other offers or discounts unless otherwise stated.
- AcuRite.com does not accept discounts or coupons from other retailers.
- Discounts do not apply to gift cards.
- For discounts with a minimum order amount requirement, minimum order amount does not include gift cards, taxes, or shipping.
Customer Reviews Submission Guidelines
We would love to hear from you! As an AcuRite customer, your product feedback is very important to us. Reviews help future shoppers make the right buying decisions and let us know ways we can continually improve the products we offer.
Once you’ve had a chance to set up and use your AcuRite product, we invite you to tell us about your experience with the product you purchased and share your thoughts with other customers. We also encourage you to attach an image or share a video link of the product in your environment to help illustrate how you use it. Some of our customers are extremely creative and we love seeing all the unique ways people install and use their weather stations!
Please note: If your review does not comply with our guidelines, it may be rejected. Also, in order to write a review, you need to have an Acurite.com account.
What to include in your review:
- Always include the "why": The best reviews don’t just say whether or not you liked a product, but also why.
- Be specific: Your review should be relevant to the product you’re reviewing. For video and image reviews, we recommend you write a brief introduction.
- Be sincere: We welcome your honest opinion about our products. We do not remove reviews because simply because they are negative. We believe all helpful information can inform our customers’ buying decisions.
We will not accept the following feedback:
Reviews not about the product:
- Shipping experience
- Store experience
- Product availability
Reviews containing inappropriate or offensive content:
- Inappropriate language
- Hate speech and offensive content
- Promotion of illegal conduct
Further, if you are having a troubleshooting problem, we recommend you first contact us via chat or email. This will give us the chance to quickly solve any issue you may be experiencing. Typically, problems are easily rectified with simple solutions, such modifying placement of a sensor or display.
Acurite is committed to protecting the privacy of its visitors.
This privacy statement (“Privacy Statement”) discloses what information is gathered about AcuRite.com visitors, users of the My AcuRite service, or any services (other than third-party services) available through the Company’s software applications (collectively, the “Service”), however accessed, and how that information is used. The Service is owned or operated by Combex, Inc., d/b/a Chaney Instrument Company (the “Company,” “we” or “us”), and we use the personal information we receive from AcuRite.com as described below. We do not sell your personal information.
By using the website or Service, or sharing your information with us, you consent to and accept the privacy practices described in this Privacy Statement.
Unless otherwise indicated herein, our website and Service are governed and operated in accordance with the laws of the United States.
If you have questions about this Privacy Statement, the information we collect about you, and how that information is use or disclosed, please contact us at:
Attn: Privacy Inquiry
965 Wells St, Lake Geneva, WI 53147
Collection and Use of Personal Information
We collect personal information such as your name, company or organization name, address, e-mail, and phone number when you shop on the website. We use that information along with your payment information to complete your transaction. We also collect personal information from you if you choose to create an account to use the My AcuRite service. We use that information to deliver the requested services to you. We may use personal information to provide important information about products or services that you are using, including critical updates and notifications. Additionally, we may send you information about other products and services that may be of relevant interest to you. You may also choose to share your information from the My AcuRite service through non-affiliated, 3rd party weather monitoring services, which are not operated or controlled by us. You can find information about 3rd party services and their privacy policies through their respective website. We are not responsible for the privacy practices or policies of any other third party service provider even if you access them through links from our website. Additionally, we might buy or sell businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the information we have collected may be part of the transferred assets. We may also disclose information to others if we are required to do so by law, or whenever we believe that disclosing such information is necessary or advisable to protect and defend our rights, property or the safety of us or others. Finally, we may disclose your information amongst companies affiliated with us.
**FOR USERS OUTSIDE THE UNITED STATES** INTERNATIONAL TRANSFER OF INFORMATION COLLECTED
Data Security & Consumer Privacy
AcuRite is dedicated to data security and consumer privacy. You can submit a data deletion request for any data associated with your account by emailing us at email@example.com. Your request will be promptly processed and we will reach out every step of the way to keep you updated on the deletion progress. All data deletion requests are processed in 30 days or less.
AcuRite protects the information you submit to us by using encryption technology, Secure Socket Layers (SSLs), and HTTPS (Hypertext Transfer Protocol Secure) during transmission and after it’s received. Our ordering system is certified by SecurityMetrics, a global leader in data security and compliance solutions, and integrated with Kount, a leading eCommerce fraud prevention solution.
AcuRite uses Google Analytics products, including Display Advertising, Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager, and Google Analytics Demographics and Interest Reporting in order to collect information about the use of this site and to provide more relevant and targeted content on our website and in advertising. AcuRite uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show AcuRite ads on sites across the Internet. AcuRite and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on a user's past visits to AcuRite.com. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google Ads Settings.
AcuRite will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features unless we have robust notice of, and prior affirmative (i.e., opt-in) consent to, that merger.
You may opt-out of receiving future communications from us any time we request your personal information by email, by clicking on the link at the bottom of emails you receive from us. We will use commercially reasonable efforts to process such requests in a timely manner. You cannot opt out of receiving transactional emails or communications related to your account with us.
This site and service are not targeted towards, nor intended for use by, persons under the age of 13. If you are not at least 13 years of age, do not access, use, or register on the Website. We do not knowingly collect personal information from persons under age 13 (in which case we will terminate and delete your account and all information contained therein) without prior parental consent. Unless we have knowledge to the contrary, we will presume that all personally identifiable information collected by the website or service is from persons age 13 and over. By using the website or service, you represent and warrant that you are 13 years of age or older.
If you have any questions about this Privacy Statement or concerns about the way we process personal data, please contact us at firstname.lastname@example.org.
Accessibility Statement for AcuRite
Chaney Instrument Co. is committed to ensuring digital accessibility for people with disabilities. We consider the WCAG 2.1 Level AA guidelines as we build our website pages. We routinely measure our site using a WAVE web accessibility evaluation tool and individual page testing.
We welcome your feedback on the accessibility of AcuRite. Please let us know if you encounter accessibility barriers on AcuRite:
- Phone: (262) 729-4852
- E-mail: email@example.com
- Postal address: 965 S Wells St #2469, Lake Geneva, WI 53147
TERMS OF SERVICE
LAST UPDATED: July 11, 2016
By accessing or using the AcuRite website, the My AcuRite service, or any services (other than third-party services) available through the Company’s software applications (collectively, the “Service”), however accessed, you agree to be bound by these terms of service (“Terms of Service”). The Service is owned or operated by Combex, Inc., d/b/a Chaney Instrument Company (the “Company,” “we” or “us”). “You” refers to the user of or visitor to the Service. All users of the Service are subject to and bound by the Terms of Service, regardless of how the Service is accessed. Additional terms and conditions may also apply to specific services or features of the Service; such additional terms and conditions are considered incorporated into the Terms of Service.
Please read the following Terms of Service carefully because they will apply to your access to and use of the Service, and you agree that the Terms of Service constitute a legally binding agreement between you and the Company. If you do not accept these Terms of Service, you will not be able to use the Service. If you download a software application which permits access to or use of the Service, your use of such application will also be subject to any End User License Agreement applicable thereto. Please note that you may not use the Service if you are a person barred from using the Service under the laws of the United States or of your jurisdiction.
The Company may revise and update these Terms of Service at any time upon notice to you, which you agree may be done by posting the amended terms to the Service. Your continued use of the Service after the date of any updated Terms of Service means that you accept and agree to the revised Terms of Service. Such revised Terms of Service will apply to the use of the Service after they are posted. If you disagree with the Terms of Service (as amended from time to time) or are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service.
1. INTRODUCTION TO THE SERVICE
Subject to your compliance with these Terms of Service, the Company grants you a personal, limited, non-exclusive license to use the Service for non-commercial purposes. Your permission to access or use the Service immediately terminates in the event you breach any of these Terms of Service. You acknowledge that the Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you. You agree that these Terms of Service and any rights or obligations arising under these Terms may not be assigned by you, although we may make assignments without restriction.
In order to use the Service, you must purchase or have a compatible weather station display, or internet-compatible device, and sensors, each manufactured by the Company and compatible with the Service (the “Equipment”). You may place the relevant Equipment in locations where you would like to monitor certain indoor and outdoor environmental characteristics.
You must register Equipment on an applicable Company website (such as www.myacurite.com) in order to access remote data transmissions from such Equipment.
You may also request to receive informational alerts or other messages which may be requested, sent or received through the Service (collectively, “Alerts”) from the Service via either phone, text, e-mail or push notification. You may add or cancel Alerts at any time. Examples of Alerts include too high or low temperature, water leakage near the sensor, too high or low humidity, etc. These Alerts are provided as a convenience to users only. You are solely responsible for any costs charged by your wireless carrier or other service providers in connection with Alerts.
2. TERMINATION OR RESTRICTION OF ACCESS
The Company reserves the right, in its sole discretion, to terminate your access to any or all of the Service or any portion thereof at any time, without notice or liability to you. Upon termination, you shall cease to use the Service in its entirety. Your permission to access or use the Service immediately terminates if you fail to comply with these Terms of Service.
3. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The Service, including all information, materials, software, text, displays, images, video and audio on the websites and applications (collectively, the “Content”), are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized to use the Content only through the means provided by the Company and only for use related to your role as a customer of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Content without the prior written consent of the Company, except to: (a) store copies of the Content temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any Content or related information are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (1) any part of the Service; (2) access to the Service; or (3) use of the Service.
Notwithstanding the foregoing paragraph, weather and environmental data collected by your use of Equipment (collectively, “Data”), and any reviews, comments or other materials posted by you on the Service (together with Data, the “User Content”), are not considered Content for the purposes of these Terms and Conditions and you may use such User Content for your own purposes (including, without limitation, sharing Data with third-party weather services). You grant to the Company a non-exclusive, irrevocable, perpetual, worldwide, transferable, royalty-free, sublicenseable right to use User Content in any manner or media now or later developed, for any purpose, including without limitation the rights to reproduce, publicly display, publicly perform, translate, transmit, broadcast, reproduce, modify, create derivative works, distribute, commercialize, and create derivative works from the User Content without any payment due to you, with or without your name (whether your legal name or your user name on the Service). For the avoidance of doubt, you agree that other users of the Service shall have the right to view User Content on or through the Service. You agree that your User Content is not confidential.
You agree that User Content will not: (i) be abusive, threatening or harassing towards others; (ii) include any infringing, obscene, defamatory, libelous, offensive, or illegal content (including without limitation content which violates another person’s rights of privacy or publicity); (iii) include commercial or political solicitations or messages; or (iv) include any content designed to injure people or property (including without limitation viruses). You may not impersonate others or be misleading as to the source of the User Content, or suggest that your User Content is sponsored or endorsed by the Company. You may not write reviews concerning yourself, your employer, your competitors or your employer’s competitors.
You represent and warrant that you have all rights necessary to post all User Content posted by you on the Site, and that such User Content is (i) true and accurate and not misleading; (ii) original and do not infringe or violate any right of any other party (including without limitation copyrights); and (iii) in compliance with the Terms of Service.
We have no obligation to screen or review any User Content. We reserve the right, but have no obligation, to remove, edit or refuse to post User Content that are not in compliance with the Terms of Service or for any other reason as determined by the Company in our sole discretion. We assume no responsibility and assume no liability for any User Content posted on the Site.
You may not (and may not authorize any party to): (i) co-brand the Service, or (ii) frame the Service or any web page related thereto without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Service or content accessible within the Service. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
You agree not to: (i) modify, revise, translate or create any derivative works of the Service or any of its content; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service or any of its content; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Service, including, but not limited to, any trademark or copyright notices; (v) transmit a virus or other destructive mechanisms to the Service or Service users; (vi) interfere with the proper operation of the Service; (vii) create a database by systematically downloading and storing any Service content or data; (viii) use an automated search / retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Service or any portion of the Service without our express written consent; (ix) take any action that damages the Service or imposes an unreasonable or large load on the Service or makes excessive traffic demands of the Service; (x) attempt to gain unauthorized access to the Service; (xi) use the Service in any way that violates any applicable laws, rules, regulations or ordinances; (xii) use the Service in any manner which restricts or inhibits anyone’s use or enjoyment of the Service; or (xiii) frame or mirror the Service or any content on the Service.
4. TRADEMARKS AND PROPRIETARY INFORMATION
The Company name, the Company logo, all of the Company’s trademarks, including, without limitation, ACURITE, ACURITE CONNECT, MYACURITE.COM, MY BACKYARD WEATHER, MYBACKYARDWEATHER.COM, ACULINK, ACU-LINK, ACULINK.COM, ACU-LINK.COM and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provides trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Service. All rights are reserved.
6. LIABILITY OF THE COMPANY AND ITS LICENSORS
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, THE CONTENT, ANY OTHER SERVICES PROVIDED, WHETHER BY THE COMPANY OR A THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE CLAIM OR CAUSE OR ACTION. THE FOREGOING APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE COMPANY HOLDS THE PROVISIONS OF SECTIONS 5 AND 6 THAT ARE FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THIS AGREEMENT.
You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party providers, licensors, contractors and others involved in the Service (collectively, the “Indemnified Parties”), from any breach of these Terms of Service by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees or other legal expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from or through the Service.
8. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY
Any passwords used for the Service are for individual use only. You will be responsible for the security of your password.
You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.
The Company reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing the Company to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
9. COMMENTS AND SUBMISSIONS
To the extent you send any ideas or suggestions regarding products or services to the Company, the Company has the right to use and share any such ideas or suggestions for any purposes whatsoever, including in its products or services, without any liability or compensation to you. You understand that all information you submit is non-confidential for all purposes.
10. THIRD PARTY LINKS AND SERVICES
The Service may link to or may enable you to connect with or upload data, including location data, environmental data and other data (including Data), to other web sites or services, which are not maintained by or related to the Company. Hyperlinks and connections to such sites and services are provided as a service to users and are not sponsored by or affiliated with the Company, and the Company has not reviewed any or all of such web sites and is not responsible for the content of those web sites. To the extent the Service includes a means to directly interface with a third-party service (e.g., Weather Underground), the Company has no obligation to encrypt any passwords, data or other information transmitted through the Service to such third-party.
The Service may permit you to upload information to other third parties and third party web sites, including but not limited to, location data. The Company has not reviewed any or all such third party web sites or services and is not responsible for the content of those web sites or services. The Company does not have any control over how any information uploaded to third parties or their web sites or services is handled, and the Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites or services, including, without limitation, web sites framed within the Service, third party advertisements, or requests to upload information or data to third parties, and does not make any representations regarding their quality, content, or accuracy. The Company makes no representation or warranties as to the security of any third party web site or services, and your use of third party web sites or services is at your own risk and subject to the terms and conditions of use for such web sites.
You acknowledge and agree that the Company has no responsibility or liability for any actions of any third party web sites or services, nor does it have any responsibility or liability for the availability of such external services or web sites.
The owner of the Service is based in the State of Wisconsin, USA. The Company makes no representation that materials available on or through the Service are appropriate or available for use in other locations. If you access the Service from other locations, you are responsible for complying with local laws.
These Terms of Service, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Service. To the maximum extent permitted by law, any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Service or use of the Service.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. ACURITE WEBSITE
You agree to comply with the additional terms, conditions and policies applicable to the AcuRite website at www.acurite.com, which are set forth here: https://www.acurite.com/policies
If you believe that any materials on or accessible from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to the Company’s Copyright Agent named below. Such notice must include
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered in a single notice, a list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (e.g., a link on the Service where the material is located);
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address where the complaining party can be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s Copyright Agent for notice of claims of copyright infringement can be reached at:
Chaney Instrument Co.
965 Wells St
Lake Geneva, WI 53147
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under applicable law.