Weatherology.com™
Terms of Usage
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR
ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS
GOVERNING YOUR USE OF THIS WEBSITE AND ANY MATERIALS CONTAINED HEREIN IS A
CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON
OR ACCESSED THROUGH WEATHEROLOGY.COM AND RELATED WEBSITES (THE "SITE").
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE WEATHEROLOGY.COM.
It
is recommended that you keep a copy of these Terms and Conditions and any
licenses posted within or through this website for your records, as they may
change from time to time as added functions and services are incorporated into
the Site. Your rights to use of this Site and any Software, Data and/or
Documentation are restricted rights that are governed by the End User License
Agreement contained herein, and include restrictions on use and/or transfer.
1. General. This site is owned and operated by or on
behalf of Weatherology Mobile, LLC, a Minnesota limited liability company,
and/or its affiliates or subsidiaries ("Weatherology"®). By
accessing, receiving, downloading, syncing, using, or possessing OR continuing
to access, receive, download, sync, use or possess software, toolbars, user
interfaces, applications and associated media ("Software") for use
with desktop computers, via the Internet, and/or via wireless or other handheld
or mobile devices ("Hardware"), printed, online and electronic
materials associated therewith ("Documentation") and data, materials,
and content ("Data") (collectively Software, Data and Documentation
to be known as "Products" herein) submitting a registration form, or
clicking the "I Agree" or "Continue" buttons when prompted
and completing the registration form, Subscriber is entering into this
Agreement with Weatherology, and Subscriber hereby acknowledges and agrees to
the validity and applicability of the Terms and Conditions governing this Site,
the Privacy Policy, any applicable Subscription Terms and Provider Terms, and
agrees to be bound hereto.
2. Fees. Please be advised that some, but not all,
areas of the Site contain fee-based services and are subject to additional
Subscription Terms.
3. Use of Service. Subscriber agrees that the Site and its
services is furnished and shall be used solely for Subscriber's personal,
business or institutional use, and is subject to Weatherology's Acceptable Use
Policy. Such permitted uses do not include the right to directly or indirectly
transmit, broadcast, redistribute, forward or deliver the Products or services
or any part of the data, information, images or other products which constitute
the Site, Products and/or services to any other person or entity, in any format
(including, but not limited to framing, deep liking or embedding), or by any
means ("Commercial Use"), absent a supplemental agreement in writing
with Weatherology. The Site and its services may be used for lawful purposes
only and may not be used in a manner which violates or infringes Weatherology's
expressly reserved rights, the rights of Weatherology's Providers or the rights
of any third parties. Subscriber agrees to use the Site consistent with these
Terms and Conditions and shall not disclose his or her password to any unauthorized
person. Subscriber shall be fully responsible for maintaining confidentiality
of account access information and for all charges made to Subscriber's account.
4. Access. Access
to the Site is contingent upon Subscriber providing all equipment necessary to
access the Internet, Products and/or services offered by Weatherology. Access
to the Site requires use of Microsoft Explorer 5.0 or higher or Netscape
Navigator 7.0 or higher. The Site and use of the Weatherology Products and
services through the Site is usually available 24 hours a day, 7 days a week;
however, Weatherology reserves the right to make the Site unavailable from time
to time for any reason and at any time without prior notice. Subscriber agrees
that Weatherology shall not be liable for any damages arising from any
interruption, suspension or termination of the Site. The Products supplied by Weatherology
are made available on an electronic site in
5. Permitted Uses. Subscriber
may download, view, copy and print Products incorporated in or accessed through
this Site subject to the following: (1) the Products may be used solely for
personal, informational, internal purposes and may not be re-distributed
without the express written permission of Weatherology; (2) the Products may
not be modified or altered in any way; (3) any copyright or other proprietary
notices must appear on all copied Products; and (4) certain Products on this
Site may be subject to further use, modification, copying and/or dissemination
restrictions that shall override this general grant to use the Products (please
see the Notice Specific to Products Available on this Website). Access to and
copying/distribution of original user content (i.e. such as from chat rooms,
message/bulletin boards, photo gallery, feedback forums, etc.) shall be
controlled by restrictions imposed by the originator of the content or by the
Acceptable Use Policy. Weatherology expressly reserves the right to refuse any
materials for submission or upload by Subscriber or other users of this Site.
Except as expressly provided herein, you may not use, download, upload, copy,
print, display, perform, reproduce, publish, license, post, transmit,
distribute or redistribute any information or Products from the Site in whole
or in part without the prior written permission of Weatherology or its
Providers, which Weatherology reserves the right to grant or deny as it sees
fit in its sole discretion. Requests to reprint or re-distribute Products and
other materials accessed from the Site should be directed to the originator of
the Products or materials. For Weatherology Products, reprint and/or
re-distribution requests should be sent to Weatherology Mobile, LLC, PO BOX
25255, Woodbury, MN 55125, Attention:
Request Department.
6. Intellectual Property. Information
furnished by Weatherology to Subscriber is intended for Subscriber's sole and
exclusive use and shall be considered proprietary information, the ownership of
which shall remain with Weatherology or its Providers. All Products,
information, data, images, and other things comprising the Service are to be
considered copyrighted by Weatherology, its Providers or the content
originator, as the case may be, and they remain the sole and exclusive property
of such persons. Subscriber is authorized to use such for the purposes stated
herein and to store such information during the term hereof. Subscriber may not
store for future use such information beyond that period, nor develop a library
of such information. Subscriber agrees not to copy materials on the Site, not
to reverse engineer or break into the Site and not to use the Site materials,
Products or services to violate law, the Notice Specific to Products Available
on this Website, Weatherology's Privacy Policy, or the Acceptable Use Policy.
REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF WEATHEROLOGY,
WEATHER EYE RADIO NETWORK OR WEATHEROLOGY MOBILE SHALL NOT BE USED BY
SUBSCRIBER IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF
THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO
SO FROM WEATHEROLOGY.
7. Trademark Information. WEATHEROLOGY®,
WEATHEROLOGY.COM™, WEATHER EYE RADIO NETWORK®, WEATHEREYE®, WEATHER EYE® and
WEATHEROLOGY MOBILE™, and all other Weatherology product names, service names,
slogans or logos referenced in this Site are trademarks or registered
trademarks of Weatherology, Inc., a
8. Copyright Information. Copyright © 2012, Weatherology
Mobile, LLC. All rights reserved. Original user
content submitted by users or Providers to the Site or where expressly provided
otherwise by Weatherology is proprietary to the submitting users and/or
Providers, is protected by copyright law and is subject to the usage
restrictions separately set forth in the Notice Specific to Products Available on
this Website.
Notification of Copyright Infringement:
Weatherology will, in appropriate circumstances,
terminate the accounts of Subscribers involved in disputes regarding
intellectual property rights and remove or disable access to related content.
If you believe that this Site contains infringing or disputed intellectual
property, or that work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site or on
sites linked to from this Site, please provide Weatherology's Copyright Agent a
Notice of Infringing Material(s) ("Notice") containing the following
elements:
1. A
physical or electronic signature of the owner (or an authorized agent) of the
copyright material(s) alleged to have been infringed.
2. A
description of the copyrighted work or works that the copyright owner or agent
claims have been infringed and a reasonable identification of the material(s)
the copyright owner claims is infringing the copyrighted work(s) and is
requesting to be removed or access be disabled.
3. A
description of where the alleged infringing material(s) is located on the Site
(include a URL if possible).
4. Sufficient
contact information regarding the copyright owner or agent, such as physical
address, e-mail address, website, telephone number and fax number.
5. A
statement by the copyright owner or agent that he/she has a good faith belief
that the use of the material(s) identified in the Notice is not authorized by
the copyright owner, its agent, or the law.
6. A
statement by the copyright owner or agent that the information in the Notice is
accurate and, under penalty of perjury, that the complainant is the copyright
owner or an authorized agent to act on behalf of the copyright owner.
Weatherology's Copyright Agent for Notices of Infringing
Materials can be reached as follows:
By Mail:
Attn: Copyright Agent
Weatherology Mobile, LLC
By Telephone:
1-651-209-0375
By E-mail:
9. Acceptable Use Policy. You agree not to use the Site, Products or
services to:
- upload, post or otherwise transmit
any data or content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy or without another's permission, hateful, or racially,
ethnically or otherwise objectionable to any person for any reason,
natural or corporate;
- harm minors in any way;
impersonate any person or entity, including, but not limited to a Weatherology
representative, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- upload, post or otherwise transmit
any falsified, composite, or otherwise non-authentic depictions of events,
entities or persons (spoofs);
- upload, post or otherwise transmit
any content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit
any content that infringes any patent, trademark, trade secret, copyright
or other proprietary or intellectual property rights of any party;
- upload, post or otherwise transmit
any content that promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
- upload, post or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," "phishing" or any other form of
solicitation, including, without limitation, the solicitation of users to
become subscribers of other on-line information services competitive with Weatherology;
- upload, post or otherwise transmit
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- interfere with or disrupt Weatherology
or servers or networks connected to Weatherology, or disobey any
requirements, procedures, policies or regulations of networks connected to
Weatherology;
- "stalk" or otherwise
harass another; collect or store Personally Identifiable Information about
other users;
- promote or provide instructional
information about illegal activities, promote physical harm or injury
against any group or individual, or promote any act of cruelty to animals,
including, but not limited to, providing instructions on how to assemble
bombs, grenades and other weapons, and creating "Crush" sites;
- use your access or Weatherology-hosted
site (or directory) as storage for remote loading or as a door or signpost
to another home page, whether inside or beyond the Site, without express
written permission from Weatherology;
- use the Site to engage in
commercial activities without enrolling in Weatherology-approved programs,
including but not limited to offering for sale any products or services,
soliciting for advertisers or sponsors, conducting raffles or contests
that require any type of entry fee, displaying a sponsorship banner of any
kind, displaying banners for services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their websites, use the Site
to provide access to the Site for other persons through use of
Subscriber's User Name and Password;
- tamper in any way with the
Products or functionality of the Site, such as placing on the Ste material
that contains any viruses, time bombs, trojan horses, worms, Easter eggs,
cancelbots or other computer programming routines that may damage,
interfere with, intercept or expropriate any system, data or information,
or utilize bots, agents, auction crawlers and other computer-based
crawling programs on the Site.
WEATHEROLOGY
EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED
ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.
10. Notice
Specific to Products Available on this Site. Permission to use Products from
this Site is granted, provided that: (1) any resident copyright notices appear
in all copies and that both the copyright notice and this permission notice
appear; (2) use of such Products from this Site is for Subscriber use only and
will not be copied or posted on any network computer or broadcast in any media
absent an express written agreement with Weatherology; (3) the Products shall
not be used on data outside of this Site absent an express written agreement
with Weatherology and shall be in compliance with the End User License
Agreement; (4) no unauthorized modifications of any Products are made; (5) to
the extent modifications are made, a notice of modification including the
subject matter of modification appear with the modified Products; and (6) any
use of Provider Products is consistent with any applicable Provider Terms. Use
for any other purpose is expressly prohibited by law, and may result in civil
and criminal penalties. Subject to Weatherology's Privacy Policy, or where
expressly provided otherwise by Weatherology, all comments, feedback,
information or materials submitted to Weatherology through or in association
with this Site shall be considered non-confidential and Property of Weatherology.
By submitting such comments, feedback, information or materials to Weatherology,
you agree to a fee-free, unlimited, irrevocable assignment to Weatherology of
all worldwide rights, title and interest in any copyrights or other
intellectual property rights to the comments, feedback, information or
materials. Weatherology shall be free to use such comments, feedback,
information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, WEATHEROLOGY
MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. WEATHEROLOGY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN WEATHEROLOGY
PRODUCTS. Products, as specified above, do not include original user content
hosted on this Site, the design or layout of the Site or any other Weatherology
owned, operated, licensed or controlled site. Elements of the Site are
protected by copyright, patent, trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any Site may be copied or retransmitted unless
expressly permitted by Weatherology, its Providers, or the originating user
associated with original user content displayed on this Site.
11. Additional Products and Services. Certain services, in addition to those
described in this Agreement, or as offered by Weatherology through other
product licenses and/or service agreements, including, but not limited to, ___________________________________,
and others may be made available as part of, or through this Site, by
Providers, or by Weatherology, and may be subject to terms and conditions in
addition to those in this Agreement, which terms and conditions are available
upon registering for or subscribing to the products and/or service(s)
("Provider Terms"). Any Provider Terms are in addition to these Terms
and Conditions, and apply only to that Provider's service or content unless
explicitly stated otherwise. Should an additional service be made available on
this Site or from Weatherology without additional Provider Terms, these Terms
and Conditions shall apply. TO THE EXTENT THAT WEATHEROLOGY SERVICES ARE BEING
MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS
SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER WEATHEROLOGY AGREEMENTS.
Additional Provider Terms for any products or services provided with Weatherology
registration may be made available through the Site via hyperlinks and are
applicable should you choose to use their products or services.
12. Disclaimer. Weatherology makes no express or
implied warranties, guarantees or affirmations that weather information will
occur or has occurred as the reports, forecasts, graphics, data, briefings or
information comprising the Site, products or services state, represent or
depict and Weatherology shall have no responsibility or liability whatsoever to
Subscriber or any other person or entity, parties and nonparties alike, for any
inconsistency, inaccuracy or omission for weather or events predicted or
depicted, reported, occurring or occurred. There may be times when data or
services from third parties that Weatherology normally uses as all or a part of
the basis of its forecasts, graphic, or other products, information, and
services is unavailable or disregarded and Weatherology shall have the right to
continue to issue such products, information and services without informing the
end user of the changed basis or source of such products, information, or
services and to change sources from time to time. Web-based and mobile/wireless
services are dependent upon open communications networks provided by third
parties and Weatherology is not responsible for lack of services due to
communications network outages. SUBSCRIBER IS ADVISED AND INFORMED THAT THE NATIONAL
WEATHER SERVICE ISSUES ALL OFFICIAL WEATHER WATCHES, WARNINGS, AND ADVISORIES,
BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF SAME.
SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF
ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. Weatherology makes no warranty or
representation with respect to any Provider products or materials. Subscriber
is advised and informed that content provided or accessed through the Site in
association with wireless weather information services is not provided by, the
responsibility of, nor within the control of, any mobile/wireless
communications carriers, internet service providers, or internet storefronts.
13. No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE
USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND
THE PRODUCTS ARE PROVIDED BY WEATHEROLOGY ON AN "AS IS" BASIS. WEATHEROLOGY
AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, WEATHEROLOGY AND ITS PROVIDERS DISCLAIM ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM
ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE
AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT WEATHEROLOGY
WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION
TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. WEATHEROLOGY
AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS
OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE,
LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY
PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEATHEROLOGY
OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF WEATHEROLOGY AND ITS PROVIDERS ARISING OUT OF OR IN ANY
WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION
SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO WEATHEROLOGY
UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR
PROVIDER TERMS. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
14. Indemnification. Subscriber hereby agrees that it will defend,
indemnify and hold harmless Weatherology and its Providers from all manners of
suit, actions, damages, charges and expenses, including attorney and counsel
fees, which Weatherology or its Providers may sustain by reason of Subscriber's
use of this Site, Subscriber's breach of any of the terms, covenants or
conditions of these Terms and Conditions, or other claims against Weatherology
arising from these Terms and Conditions.
15. Export Controls. This Site and the Products may only be used in
compliance with applicable statutes or regulations relating to the export
control laws and regulations of the
16. Third Party Sites and Providers. This Site may link, redirect, connect,
"frame", utilize plug-ins, integrate applications recognized
automatically by the browser and otherwise direct you to, without limitation,
other sites, servers, third party internet data, software or service providers,
software developers, internet storefronts, Internet Service Providers and
mobile/wireless communications carriers, among others ("Providers").
To the extent applicable, these Terms and Conditions shall apply. In order to
utilize some of the Weatherology Products and services, you may have to use,
accept, install and review information, data, executables, programs, software
and other items from Providers that are not under the control of Weatherology.
This may occur with or without your knowledge and although the visual
representation on your screen may appear to be a Weatherology website, the
information, data, executables, programs, software and other items may come
from Providers and may not be under the control of Weatherology. You
acknowledge that Weatherology is not responsible for the accuracy, copyright
and other intellectual property compliance, legality, decency, or any other
aspect of the content of such Providers. Your use of this Site and the products
and services through these Providers is at your own risk. Weatherology is not
responsible for webcasting or any other form of transmission received from any
linked site, nor the failure of any services provided through mobile/wireless
carriers, internet storefronts, or other Providers. Weatherology is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Weatherology, nor has Weatherology independently
authenticated products or materials provided by Providers.
17. Advertisements. The
Site is supported by advertising revenue and may include advertisements for
products and services offered by third parties. Weatherology makes no
representations or warranties with respect to the quality, appropriateness,
accuracy, truthfulness, reliability, business ethics, or other aspects of any
such advertisements and/or the organizations placing the advertisements and
shall have no responsibility or liability for any claims arising out of or
related to any such advertisements, the contents thereof, the products or
services promoted therein, or the fulfillment thereof. It is a user’s sole
responsibility to satisfy himself or herself as to the desirability of dealing
with any given advertiser and to understand the relationship is between the
user and the advertiser and not with Weatherology. Weatherology may display
political advertising as a business transaction, from advocacy groups and
candidates for office. Weatherology does not endorse candidates for political
office or endorse any political statements, positions or issues.
18. Parental Control Protections. Weatherology
has the legal obligation to advise you that parental control protections (such
as computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material that is harmful to
minors.
19. Privacy. Weatherology is committed to safeguarding
your privacy online and has established a Privacy Policy to explain to users
how their information is collected and used. This Privacy Policy is located here. Your use of
the Site or any of Weatherology's products, services, data, materials or
content signifies your acknowledgement of, and agreement to, Weatherology’s
Privacy Policy. Weatherology reserves the right to modify or amend its Privacy Policy
from time to time as it deems necessary in its sole discretion.
20. Modifications. Weatherology may modify this Agreement at any
time, and the new terms and conditions will become effective by posting the new
terms and conditions in the same location as the previous terms and conditions
were posted. Weatherology has the right at any time to modify or cancel any
feature or functionality of the Site, including hours of availability, content,
applications, and equipment requirements for use with the Products and/or
services, and Weatherology reserves the right to suspend or terminate access to
this Site and/or the Products and/or services or remove any content placed on
the Site at any time as Weatherology deems necessary in its sole discretion.
21. Terms of Service. These Terms and Conditions are effective upon
acceptance, and shall remain and continue until terminated by Weatherology.
Neither this Agreement nor any rights or obligations hereunder may be assigned
by Subscriber without the express written permission of Weatherology, which
Weatherology may withhold in its sole discretion, and any purported transfer of
rights shall oblige the transferee to these Terms and Conditions, and
Subscriber's rights will be terminated. You may terminate these Terms and
Conditions by destroying, removing or obliterating the Products and all copies
thereof, and certifying as such to Weatherology in whatever form or format
requested by Weatherology. Weatherology may terminate your right to use the
Site and its Products and services as it deems necessary in its sole discretion.
Upon such termination by Weatherology, you agree to certify the destruction,
removal or obliteration of the Products and all copies thereof to Weatherology in
whatever form or format requested by Weatherology.
22. Notice. Posting of notice(s) on the Site by Weatherology
shall constitute notice to Subscriber. Written notice of termination and requests
for credit (as applicable - see Subscription Terms) shall be provided in the
following manner: e-mail notification to admin@weatherology.com. No credits or
refunds are available for cancellation of monthly wireless services.
23. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the State
of Minnesota, with the exception of export control or other matters of federal question
that are governed by the laws of the United States of America. Any dispute
arising out of this Agreement or related thereto shall be subject to the
jurisdiction of the state or federal courts, as applicable, located in
24. Subscription Terms. Subscriber agrees to pay to Weatherology the
fees stated or as specified from time to time for various fee-based Products
and services available by or through Weatherology, and Subscribers are
responsible for promptly paying for Weatherology Products and services. Failure
to pay these fees in a timely manner will result in an interruption of
fee-based Site Products and services and the functional inability to access the
fee-based sections of the Site. Charges will be calculated based upon the
subscription package selected, and are applicable to the current version of the
package selected. Upgrades related to Hardware changes or new releases may be
subject to additional charges. "Lifetime" subscription packages
relate only to the Products initially downloaded or accessed by the Subscriber,
and do not extend to upgrades to the Products or different Hardware. Weatherology
reserves the right to discontinue and/or cancel Lifetime Subscriptions for
wireless Products, so long as Weatherology provides the Subscriber a free
upgrade to a different Product for Subscriber's wireless device. Failure of
payment shall render due and payable all sums plus a late payment charge of one
and one half percent (1.5%) per month. Fees may be prorated for portions of
months. Use of the service beyond the free time or without proper authorization
will result in charges to billing or credit card account(s). Fees and payment
terms are subject to change upon notice by Weatherology to Subscriber.
Packages, once purchased, are nonrefundable, regardless of use or lack of use
by Subscriber. Absolutely no credits or refunds are available for
month-to-month or one-time fee-based services, including, without limitation,
mobile/wireless service packages. Once a charge has been processed to a
Subscriber's credit card or wireless account, the Subscriber shall not request
his or her credit card or mobile carrier company to reverse the charge or
charge it back to Weatherology. If Subscriber has a legitimate basis to request
a credit for a charge previously processed against his or her credit card
account, he or she shall request a credit from Weatherology by written notice
and resolve the issue directly with Weatherology. Any reversed charges which
cause the credit card company to impose a charge back, refund, or credit cost
against Weatherology shall be reimposed by Weatherology upon Subscriber. Such
costs may exceed the cost of the reversed item or charge back by many times.
Should a dispute arise between Subscriber and Weatherology, Weatherology, if
the prevailing party, shall be entitled to its costs and attorneys’ fees
incurred therein, regardless of whether formal litigation is initiated.
Subscriber shall not be entitled to any award of attorneys’ fees in any
circumstance.
25. Renewal Terms.
Monthly subscription packages shall continue to renew monthly until thirty
(30) days after proper termination notification is received by Weatherology
from Subscriber.
26. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED
INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE
ENGLISH AND OTHER LANGUAGE VERSIONS, THE ENGLISH VERSION SHALL CONTROL.
27. ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH
ANY End User License Agreement, Subscription Terms, PROVIDER TERMS,
AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS
SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE
SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE
APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and
Conditions may only be modified in writing by Weatherology.
Last Modified:
February 7, 2012.