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 THE SITE 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 THE SITE.
It is recommended that you keep a copy of these Terms and Conditions and
any licenses posted within or through the Site 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. The 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, you are entering into this Agreement with
Weatherology, and you hereby acknowledge and agree to the validity and
applicability of the Terms and Conditions governing this Site, the Privacy
Policy, any applicable Subscription Terms and Provider Terms, and agree to be
bound hereto. You further agree to
conduct transactions with Weatherology by electronic means and that your
electronic signature is the legally binding equivalent to your handwritten
signature and that you will not, at any time in the future, repudiate the
meaning or effectiveness of your electronic signature or claim that your
electronic signature is not legally binding.
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. You agree that the Site and its services are
furnished and shall be used solely for your personal, business or institutional
use, and are 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. You agree to use the Site consistent with these Terms and Conditions
and shall not disclose your password to any unauthorized person. You shall be
fully responsible for maintaining confidentiality of account access information
and for all charges made to your account.
4. Access.
Access to the Site is contingent upon you 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. You agree 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 St. Paul,
Minnesota, or other sites Weatherology shall designate ("Designated
Site"). Your options as to which Products are available, and how to move
Products from the Designated Site to your location or your desktop computers
and/or wireless or other handheld or mobile devices ("Hardware"),
and/or to issue appropriate electronic commands to accept the Products at the
Designated Site and move such items to an authorized location or to pass on
authorized users to the Designated Site are limited by the type or format of
the Products and/or services selected by you and your Hardware then in use. Weatherology
makes no guarantees that the Products and/or services selected by you will be
operational with your Hardware.
5. Permitted Uses.
You 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 you 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 you is intended
for your 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 services 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. You are authorized to use such for the
purposes stated herein and to store such information during the term hereof. You
may not store for future use such information beyond that period, nor develop a
library of such information. You agree 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 YOU 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 Minnesota
corporation, Weatherology Mobile, LLC or Weather Eye Radio Network, LLC. All
other company, product or service names referenced in this Site are used for
identification purposes only and may be trademarks of their respective owners.
8. Copyright Information.
Copyright © 2016, 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 persons or entities 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
PO BOX 25255
Woodbury, MN 55125
By Telephone:
651-209-0369
________________________________
By E-mail:
doug@weatherology.com
________________________________
9. Acceptable Use Policy. You agree not to use the Site, Products or
services to:
WEATHEROLOGY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS
UPLOADED OR PLACED ON THE SITE BY YOU 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 your 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
you 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. YOU ARE ADVISED AND INFORMED THAT THE NATIONAL
WEATHER SERVICE ISSUES ALL OFFICIAL WEATHER WATCHES, WARNINGS, AND ADVISORIES,
BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU 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. You are 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 YOU TO WEATHEROLOGY
UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR
PROVIDER TERMS. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
14. Indemnification. You hereby agree that you 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 your use of
this Site, your 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 United States of America and any amendment
thereof. You acknowledge that no Products or other underlying information or
technology accessed hereunder may be accessed, downloaded, used, possessed or
otherwise exported or re-exported to (or to a national or resident of) any
country outside of the United States (including further export if you took
delivery of the Software, Data or Documentation inside the United States)
without first complying strictly and fully with all export controls that may be
imposed by the United States Government or any country or organization of
nations within whose jurisdiction you use the Software, Data, Documentation or
other underlying information or technology. If you have any questions regarding
its obligations under the United States of America Export Regulations, you
should contact legal counsel of your choosing.
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 at
the following web address: http://weatherology.com/privacy.html.
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 you 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 your
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 you. Written notice of termination and requests for
credit (as applicable - see Subscription Terms) shall be provided in the
following manner: e-mail notification to doug@weatherology.com. No credits or
refunds are available for cancellation of monthly 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
Minneapolis, Minnesota and you consent to the personal jurisdiction thereof.
24. Subscription Terms. You agree 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 you 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 you, 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 you a free upgrade to a different Product for your
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. You authorize Weatherology to charge your
billing or credit card account(s) on a recurring basis from the time you
initiate your subscription until the effective termination date of the
subscription in accordance with these terms of use for any and all fees and
other charges due and owing Weatherology.
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 you. Packages, once
purchased, are nonrefundable, regardless of use or lack of use by you.
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 your credit card or wireless
account, you shall not request your credit card or mobile carrier company to
reverse the charge or charge it back to Weatherology. If you have a legitimate
basis to request a credit for a charge previously processed against your credit
card account, you 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 you. Such costs
may exceed the cost of the reversed item or charge back by many times. Should a
dispute arise between you 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. You 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 you.
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 17, 2016.