TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO SUBSCRIBER'S COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS APPLY TO YOU ("SUBSCRIBER") WHETHER OR NOT: (1) YOU HAVE REGISTERED ON THIS SITE; OR (2) YOU HAVE REQUESTED ANY LEVEL OF PERSONALIZED SERVICES. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. SUBSCRIBER'S CONTINUED USE OF THIS SITE WILL INDICATE SUBSCRIBER'S AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF SUBSCRIBER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
A. Restrictions on Use and Ownership.
All content found on pages within this Web site, made available for download, or delivered in e-mail messages or other communications from Weather Central, LLC (the "Service Provider"), alone or in cooperation with a partner (all such content collectively hereinafter referred to as the "Content" or the "Site") is the property of the Service Provider and/or its subsidiaries and affiliates. The provision of weather information and other content on the Site and in e-mail messages and other communications from the Service Provider (the "Service") is for informational purposes only. The Service Provider hereby grants Subscriber a nonexclusive license to use the Site solely for Subscriber's personal, noncommercial use as represented by Subscriber and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage or for use in providing services or weather information to any third party. As a condition of Subscriber's use of this Site, Subscriber warrants to the Service Provider that Subscriber will not use the Site or the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. If Subscriber breaches any of these Terms and Conditions, Subscriber's authorization to use this Site automatically terminates and Subscriber must immediately destroy any downloaded, printed, or e-mailed Content. The Content, including all text, images, audio, and video, is copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Service Provider, except that Subscriber may download Content to any single computer for Subscriber's personal, noncommercial use only, provided Subscriber keeps intact all copyright, trademark, and other proprietary notices and complies with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of Content on any other Web site or networked computer environment for any purpose is prohibited. The Service Provider has applied for and/or obtained patents protecting certain aspects of the Service. Subscriber is not entitled to any rights under such patents, which rights can only be granted pursuant to a separate written patent license agreement. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Service Provider.
B. Trademark Notice.
REGARDLESS OF ANY OTHER PROVISION HEREIN, NEITHER THE TRADEMARKS OF THE SERVICE PROVIDER, NOR THE SERVICE PROVIDER'S NAME, SHALL BE USED AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE OR ANY WEATHER INFORMATION TO THE PUBLIC OR IN ANY OTHER MANNER BY SUBSCRIBER. THE TRADEMARKS OF THE SERVICE PROVIDER OR THE SERVICE PROVIDER'S NAME MAY NOT BE USED BY ANY PERSON EXCEPT PURSUANT TO A SEPARATE WRITTEN TRADEMARK LICENSE AGREEMENT WITH THE SERVICE PROVIDER.
C. Forward-Looking Statements.
The Site may contain forward-looking statements regarding the Service Provider's business, customers, partners, future products and services, or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those, expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.
D. Warranty Disclaimer.
The Service Provider makes no express or implied warranties or affirmations that weather will occur or has occurred as the reports, forecasts, graphics, data or information comprising the Site state, represent or depict and it 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 reported on the Site. The weather information on this Site should not be used to determine whether to engage in any weather-sensitive, high risk activity. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER THE SERVICE PROVIDER NOR ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. SUBSCRIBER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR SUBSCRIBER'S USE OF THIS SITE, THE SERVICE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SERVICE PROVIDER OR SERVICE PROVIDER'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
E. Events Beyond the Service Provider's Control.
The Service Provider shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue, or renew their contractual arrangements with the Service Provider, nor any inability to perform occasioned by such or by labor strife, war, riot, weather, natural disasters, or other events beyond the control of the Service Provider. If the Service or delivery thereof is disrupted by any such event(s), the Service Provider's obligations hereunder shall be suspended during the period of occurrence for such disrupting event(s).
F. Not a Substitute for Official Weather Information.
THIS SITE AND THE SERVICE ARE NOT A SUBSTITUTE FOR OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS, AND OTHER COMMUNICATIONS ISSUED BY OFFICIAL GOVERNMENT ENTITIES. 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.
G. Limitation of Liability.
SERVICE PROVIDER AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SUBSCRIBER.
H. Accuracy and Integrity of Information
Although the Service Provider attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include technical or typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.
I. Confidential and Proprietary Information/Visitor Submissions.
The Service Provider does not want to receive confidential or proprietary information from Subscriber through the Site. Please note that any information or material sent to the Service Provider through the Site, including e-mail and all data, images, sounds, text, and other things embodied therein, (collectively "Communications") will be deemed NOT to be confidential. By sending the Service Provider any Communications, Subscriber grants the Service Provider an unrestricted, irrevocable, worldwide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and Subscriber also agrees that the Service Provider is free to use any ideas, concepts, know-how, or techniques that Subscriber sends to the Service Provider for any purpose.
J. Visitor Chat Rooms and Other Interactive Areas.
The Service Provider may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. The Service Provider will not, however, have any liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Service Provider retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
K. Links or Pointers to Other Sites.
The Service Provider makes no representations whatsoever about any other Web site that Subscriber may access through this Site. When Subscriber accesses a non-Service Provider site, please understand that it is independent from The Service Provider, and that The Service Provider has no control over the content on that Web site. In addition, a hyperlink to a non-Service Provider Web site does not mean that the Service Provider endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to Subscriber to take precautions to ensure that whatever Subscriber selects for Subscriber's use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If Subscriber decides to access any of the third party sites linked to this Site, Subscriber does this entirely at Subscriber's own risk.
L. Delivery of E-Mail Messages
By subscribing for the Service, Subscriber shall be deemed to have authorized and solicited the e-mail messages from Service Provider to Subscriber as described on the Site and designated by Subscriber from time to time, together with e-mail messages informing Subscriber of the availability of upgrades or additions to the Service.
M. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software or data from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Service Provider does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
N. Choice of Law and Venue.
These Terms and Conditions are entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Subscriber submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Dane in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
O. Entire Agreement.
These Terms and Conditions constitute the entire agreement between the Service Provider and Subscriber pertaining to the subject matter hereof. In its sole discretion, Service Provider may from time-to-time revise these Terms and Conditions by updating this posting. Subscriber should, therefore, periodically visit this page to review the current Terms and Conditions, so Subscriber is aware of any such revisions to which Subscriber is bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
P. Legal Authority.
Subscriber represents that he or she is 13 years of age or older, of legal age to enter into contracts, and has full authority and competency to enter into and be legally bound by these Terms and Conditions.