Terms of Service – Weather Source

These Terms of Service (the “Terms”) govern any use by you of weathersource.com (the “Site”) and all of the Services, as defined herein, offered by Weather Source, LLC, a Delaware limited liability company (the “Company”).

By accessing the Site and/or using any of the Services, you agree to be bound by all of the Terms contained herein. Your activities on the Site, or use of the Services, may also be governed by additional guidelines, rules or agreements, including the Weather Source OnPoint API Terms of Use, Services Agreement and Service Order Form, all of which are incorporated by reference herein. The Company reserves the right to modify these Terms, at its sole discretion, with or without notice to you.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THESE TERMS AND AGREE TO THEM FOR YOU. IF YOU DON’T HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THE TERMS, YOU DON’T HAVE PERMISSION TO USE THE SITE OR SERVICES.

Definitions
1. “Content” means data, text, photographs, graphics, video, messages, tags, or any other material (collectively referred to herein as “Content”) posted by Users or Advertisers on the Site.
2. “Services” include, but not limited to: use of the Site, Content on the Site, webpages, products and services, and software for the Site, including access to and use of the OnPoint API (and developer kit).
3. “Subscriber” includes any individual, group, or company that licenses the Services from the Company.
4. “Reseller” means any individual, group, or company that resells the Services pursuant to a Reseller Agreement with the Company.
5. “User” means any user of the Site and/or the Services.
Description of ServicesThe Services include access to and use of the Site and/or OnPoint API. The Subscriber further understands that the Company is not responsible for any network, system, application or device failures and does not guaranty any level of Services uptime unless pursuant to a service level agreement, or its equivalent, between you and the Company.Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to these Terms and any Services Agreements. You understand and agree that unless expressed otherwise, in writing, the Site, and the Services provided, are provide on an AS-IS” basis and the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, communications, postings, or personalized settings. You are responsible for obtaining access to the Site and the Services and that access may involve third-party fees (such as Internet service, application store, and provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site or use the Services.
Eligibility/Registration. You agree that your activities on the Site and any use of the Services shall be in accordance with (a) these Terms, (b) the OnPoint API Terms of Use, (c) any applicable law, regulation or generally accepted practices or guidelines, (d) and if applicable, the Services Agreement and/or Service Order Form. Use of the Site or Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Site or Services without consent of a parent or guardian and only under the supervision of a parent or designated responsible adult.You agree that you will not engage in any activity that, in the Company’s sole judgment, interferes with or disrupts the Site, the Services or the activities or quiet enjoyment of others on the Site. Your failure to comply with this requirement may result in immediate suspension of your right to access the Site and/or the Services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the Site or any of the Services.You understand that through your use of the Site, you consent to the Company’s collection and use of certain other information about you, all as set forth in the Company’s Privacy Policy, posted at weathersource.com/company/legal/privacy-policy and updated from time to time.The Company may access, preserve, and/or disclose your Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of the Company, its Users, and/or the public.
Fees. Certain Services may require the payment of fees to the Company or other Users. Any such fees, and acceptable methods of payment, will be detailed in the relevant Service Order Form, agreement, rules or guidelines governing such Service(s). You shall be responsible for all fees listed for the particular Services you are utilizing.
Advertising and Other Communications. The Company may also display advertising in connection with any of the Services, in its sole discretion, and/or in emails to its registered Users. You may opt out of advertiser related email but you are not able to opt out of any service announcements, administrative messages, or other communications from the Company, the receipt of which are a condition of your use of the Site and Services. You may review the Company’s Advertising Policy, posted at weathersource.com/company/legal/advertising-policy.
Acceptable Behavior. Without limiting any other provision of these Terms, you agree that you will not:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, Company official or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material or Content 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;
9. act in a manner that negatively affects other Users’ use and quiet enjoyment of the Site or Services;
10. interfere with or disrupt the Site or Services or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
12. “stalk” or otherwise harass another user except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services;
Content. The Company is not responsible for any Content posted by Users of the Site. The Company makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.You are solely responsible for any Content posted by you on the Site, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site or Services. You represent that you have the right to post or transmit such Content, and, by posting or transmitting such Content, you give the Company a license to publish and distribute such Content though the Site and to incorporate such Content into other works in any format or medium now known or later developed. You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; the Company shall have no obligation to do so on your behalf.Content presented to you as part of the Services, including but not limited to advertisements and sponsored Content within the Site may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.You understand that by using the Site or Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site and Services at your own risk. The Company shall have the right, but not the obligation, to remove any Content that is violative of any law, regulation or guideline, or that it deems offensive, in its sole discretion.With respect to any Content that you have submitted to the Site, you have the right to request the Company remove such Content, thus revoking any rights the Company has with respect to such Content. Requests of this kind are to be submitted to legal@weathersource.com.Subscribers are independent of the Company. The Company may receive a fee from the Subscriber for its use of the Services or the Site.The Company expressly disclaims any representation or warranty of any kind with regard to the quality or outcome of the services provided by the Subscriber.The Company shall have the right, but not the obligation, to restrict access to the Site or the Services for any Subscriber that is violative of any law, regulation or guideline, or that the Company deems offensive, in its sole discretion.
Dealings with Advertisers and/or Other Users. You may be exposed to advertising on the Site or through a Service or related communication from the Company. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other Users found on or through the Site or a Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other Users on the Site or your use of the Services.BECAUSE THE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER, OTHER USER, OR A SUBSCRIBER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER, OTHER USER, SUBSCRIBER OR ANY OTHER INDIVIDUAL OR COMPANY AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, EACH OF YOU RELEASE THE COMPANY (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.The Company urges you and all Users of the Site, including the Subscriber, to cooperate with each other and to resolve any such disputes. You may review the Company’s Advertising Policy, posted at weathersource.com/company/legal/advertising-policy.
Use and Storage of Information. You acknowledge that the Company may establish general practices and limits concerning use of the Site and/or any Services, including without limitation, the maximum number of days that messages are stored, message board postings or other uploaded Content will be retained, the maximum number of messages that may be sent from or received by an account, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on the Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts or other Content maintained or transmitted by the Site.You acknowledge and agree that the Company may access, preserve, and disclose your Content if required to do so by law, or, if it believes, in good faith, that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your request for customer services; or (e) protect the rights, property, or personal safely of the Company, its Users and Subscribers and the public.
Indemnity. You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content you submit, post, transmit or otherwise make available through the Site, your use of any Services, your connection to the Services, your violation of the Terms, Services Agreement, Service Order Form, or your violation of any rights of another User.
Termination of Your Account.
1. By the Company. You agree that the Company may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to the Site or any Services indefinitely or for a set period of time. A termination of an account, whether temporarily or permanent, may include limitations to accessing the Site or any Service(s), but your profile, including your posts, will not be deleted unless you instruct the Company to remove your profile. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms, Services Agreement, Service Order Form, OnPoint API Terms of Use, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site or Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the use of the Services. Further, you agree that any termination by the Company shall be at the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated Content or access to the Site or a Service.
2. By You. You may terminate your account and delete your account data at any time for any reason by navigating to your profile page and deleting or emailing support@weathersource.com.
Disclaimer of Warranties. You expressly acknowledge and agree that:
1. Your use of the Site and Services are at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Subscriber understands and agrees that the Weather Source is a provider of weather data and the Company is not responsible for any network, system, application, or device failures.
2. The Company makes no warranty that (i) a Services will meet your requirements; (ii) the Site or Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of a Service will be accurate or reliable; (iv) the quality of any Services purchased or obtained by you through the Site or a Service will meet your expectations; and (v) any errors in the Site or any Services will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Site or a Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from the Company or through or from the service shall create any warranty not expressly stated in these Terms.
Limitation of Liability THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR ANY SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR YOIUR USE OF THE SERVICES.
Copyright. If you believe that the Company or any User of the Site has infringed your copyright in any material way, please notify our Copyright Agent at legal@weathersource.com and provide the following information:
1. An identification of the copyrighted work that you claim has been infringed.
2. An identification of the material on the Site that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.
3. Your name, address, telephone number and e-mail address.
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
6. Your physical or electronic signature.
7. The Copyright Agent for www.weathersource.com is Mark Gibbas, who can be reached via legal@weathersource.com. Please see the Company DMCA Notice, posted at weathersource.com/company/legal/copyright-notice.
Miscellaneous
1. Entire Agreement. These Terms, Services Agreement, Service Order Form and any other agreements or addendums, guidelines and policies are hereby incorporated by reference and herein constitute the entire agreement between you and the Company and govern your use of the Site and the Services, superseding any prior agreements between you and the Company with respect to the Site and Services.
2. Proprietary Rights. You acknowledge and agree that the Site, Services and any necessary software, including the OnPoint API, used in connection with the Site or Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or other information presented to you through the Site, Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, Services, the software, or any Content, whether in whole or in part. Unless you have agreed otherwise in writing with the Company, nothing in these Terms gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.Without limiting the foregoing, the Company logo, and any tags, slogans or any other service marks and other product and service names are trademarks of the Company. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or the Services.
3. Governing Law; Disputes; Consent to Personal Jurisdiction. This Agreement will be governed by the laws of the Commonwealth of Massachusetts without regard to its principles regarding conflicts of law. In the event of any dispute between you and the Company, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion. In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Massachusetts shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
4. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
5. Links/Other Web Sites. The Site or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your user information or Content within your account terminates upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
7. Notice. Any notice under this Agreement shall be sent by email to legal@weathersource.com.
8. Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services, or these Terms, must be filed within one hundred and eighty (180) days after such claim or cause of action arose or be forever barred.
9. Severability. If any one or more of the provisions in this Agreement are deemed void as a matter of law, then the remaining provisions will continue in full force and affect.
10. Service Levels. The Company does not guarantee continuous, uninterrupted or secure access to the Site or any Services.
11. Headings. Section headings are included in the Agreement for convenience only. They are not to be considered a part of these Terms, and are not intended to be a full and accurate description of the contents hereof.
12. Additional Acknowledgments. You acknowledge that: (a) You are entering into this agreement voluntarily and without any duress or undue influence; (b) You have carefully read these Terms and fully understand its terms, consequences, and binding effect; (c) You have sought the advice of an attorney of Your choice if so desired prior to entering into this Agreement; and (d) You understand that by accessing the Site, or using the Services, including the OnPoint API, You agree to be bound by its the Terms.