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.
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.
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:
Attn: Copyright Agent
Weatherology Mobile, LLC
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.
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.
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 email@example.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.
Last Modified: February 7, 2012.