Terms of
Use
Please Read Carefully Before Using This Website:
WeatherElement, LLC. maintains
this site for information and communication purposes. This webpage contains the
Terms of Use governing your access to and use of WeatherElement.com (the “Website” or “Site”).
If you do not accept these Terms of Use or you do not meet or comply with their
provisions, you may not use the Website.
A. TERMS
APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS
EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered
with this Website, your use of the Website will be deemed to be acceptance of
the Terms of Use, Section A.
For users who are registered with
the Website, your use of the Website shall be subject to (i) certain designated
terms (see Section B below) in addition to those terms applicable to all users
and (ii) shall be further conditioned on your [clicking the "I AGREE TO
THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT
COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS
WEBSITE.
2. Changes To Terms
WeatherElement.com may, at any time, for any reason and without notice,
make changes to (i) this Website, including its look, feel, format, and
content, as well as (ii) the products and/or services as described in this
Website. Any modifications will take effect when posted to the Website.
Therefore, each time you access the Website, you need to review the Terms of
Use upon which access and use of this Website is conditioned. By your
continuing use of the Website after changes are posted, you will be deemed to
have accepted such changes.
3. Jurisdiction
The Website is directed to those
individuals and entities located in the
4. Scope of Use and User E-Mail
You are only authorized to view,
use, copy for your records and download small portions of the Content
(including without limitation text, graphics, software, audio and video files
and photos) of this Website for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright
management information, or other proprietary notices intact.
You may not store, modify,
reproduce, transmit, reverse engineer or distribute a significant portion of
the Content on this Website, or the design or layout of the Website or
individual sections of it, in any form or media. The systematic retrieval of
data from the Website is also prohibited.
E-mail submissions over the
Internet may not be secure and are subject to the risk of interception by third
parties. Please consider this fact before e-mailing any information. Also,
please consult our Privacy Policy. You agree not to submit or transmit any e-mails
or materials through the Website that: (i) are defamatory, threatening, obscene
or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful
component, (iii) incorporate copyrighted or other proprietary material of any
third party without that party's permission or (iv) otherwise violate any
applicable laws. WeatherElement.com shall not be subject to any
obligations of confidentiality regarding any information or materials that you
submit online except as specified in these Terms of Use, or as set forth in any
additional terms and conditions relating to specific products or services, or
as otherwise specifically agreed or required by law.
The commercial use, reproduction,
transmission or distribution of any information, software or other material
available through the Website without the prior written consent of WeatherElement.com is strictly prohibited.
5. Copyrights and Trademarks
The
materials at this Site, as well as the organization and layout of this site,
are copyrighted and are protected by
Except as expressly provided
under the "Scope of Use" Section above, you may not use, reproduce,
modify, transmit, distribute, or publicly display or operate this Website
without the prior written permission of WeatherElement.com. You may not use a part of this Website on any other Website, without WeatherElement.com’s
prior written consent.
WeatherElement.com] respects the intellectual
property rights of others and expects our users to do the same. The policy of WeatherElement.com is to terminate the accounts of repeat copyright
offenders and other users who infringe upon the intellectual property rights of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at info@weatherelement.com
6. Links
For
your convenience, we may provide links to various other Websites that may be of
interest to you and for your convenience only.
However, WeatherElement.com does not control or endorse such
Websites and is not responsible for their content nor is it responsible for the
accuracy or reliability of any information, data, opinions, advice, or
statements contained within such Websites. Please read the terms and conditions
or terms of use policies of any other company or website you may link to from
our website. These Terms of Use policy applies only to WeatherElement.com’s
website and the products and services WeatherElement.com offers. If you decide to access any of the third party
sites linked to this Website, you do so at your own risk. WeatherElement.com
reserves the right to terminate any link or linking program at any time. WeatherElement.com
disclaims all warranties, express and implied, as to the accuracy,
validity, and legality or otherwise of any materials or information contained
on such sites.
You may not link to this Website without WeatherElement.com’s
written permission. If you are interested in linking to this Website, please
contact [provide email address].
7. No Unlawful Or Prohibited Use
As a
condition of your use of the Website, you warrant to WeatherElement.com that you will not use the
Website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Website in any manner that could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Website. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through the Site.
8.
Spamming
Gathering
email addresses from WeatherElement.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or
unsolicited advertising, promotional materials, or any other forms of
solicitation to other users is prohibited.
Inquiries regarding a commercial relationship with WeatherElement.com should be directed to: info@weatherelement.com.
9. No Warranties
THE WEBSITE,
AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS
INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH WeatherElement.com EXPRESSLY DISCLAIMS. WeatherElement.com
DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, OR RELIABILITY OF THE CONTENT, AND WeatherElement.com WILL NOT
BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE
WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. WeatherElement.com
MAKES NO REPRESENTATIONS OR
WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE
RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND
USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY
OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY WeatherElement.com. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be
governed in all respects by the laws of the State of
11. Separate Agreements
You may have other agreements with
WeatherElement.com. Those agreements are separate and in addition to
these Terms of Use. These Terms of Use do not modify, revise or amend the terms
of any other agreements you may have with WeatherElement.com.
12. DMCA Copyright Policy and Copyright Agent
WeatherElement.com respects the intellectual property rights of
others. If you believe something on this
Site has infringed your intellectual property rights, please notify our agent
and provide the following information:
.
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
.
(ii) Identification of the
copyrighted work claimed to have been infringed.
.
(iii) Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access to
which is to be disabled.
.
(iv) Address, telephone number, and,
if available, an electronic mail address where we may contact you.
.
(v) A statement that the complaining
party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
.
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
.
The Site’s Copyright Agent can be reached at:
[Name]
[Address]
[Phone]
[Fax]
[Email}
13.
You represent that you are a
14. No Professional Advice
The information available on the
Website is intended to be a general information resource regarding the matters
covered, and is not tailored to your specific circumstance. You should not
construe this as legal, accounting or other professional advice. This Website
is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION,
OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR
INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS
APPROPRIATE.
15. Users
Disputes
You are solely
responsible for your interactions with other users. WeatherElement.com reserves
the right, but has no obligation, to monitor disputes between you and other
users.
16. User Submissions And Communications; Public
Areas:
You
acknowledge that you own, solely responsible or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of
the content you supply does not violate these Terms of Use and will not cause
injury to any person or entity; and that you will indemnify WeatherElement.com
or its affiliates for all claims resulting from content you supply.
If you make any submission to an
area of the Website accessed or accessible by the public (“Public Area”) or if
you submit any business information, idea, concept or invention to WeatherElement.com by email, you automatically represent and warrant that the
owner of such content or
intellectual property has expressly granted WeatherElement.com a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content in any media or
medium, or any form, format, or forum now known or hereafter developed. WeatherElement.com
may sublicense its rights through multiple tiers of sublicenses. If you wish
to keep any business information, ideas, concepts or inventions private or
proprietary, you must not submit them to the Public Areas or to WeatherElement.comby email. We try to answer every email in a timely manner, but are not
always able to do so.
Some of
the forums (individual bulletin boards and posts on the social network, for
instance) on the Website are
not moderated or reviewed. Accordingly,
users will be held directly and solely responsible for the content of messages
that are posted. While not moderating the forums, the Site reviewer will
periodically perform an administrative review for the purpose of deleting messages
that are old, have received few responses, are off topic or irrelevant, serve
as advertisements or seem otherwise inappropriate. WeatherElement.com has
full discretion to delete messages. Users are encouraged to read the specific
forum rules displayed in each discussion forum first before participating in
that forum.
WeatherElement.com
reserves
the right (but is not obligated) to do any or all of the following:
(a)
Record the dialogue in public chat rooms.
(b)
Examine an allegation that a communication(s) do(es)
not conform to the terms of this section and determine in its sole discretion
to remove or request the removal of the communication(s).
(c)
Remove communications that are abusive, illegal, or
disruptive, or that otherwise fail to conform with these Terms of Use.
(d)
Terminate a Member's access to any or all Public
Areas and/or the WeatherElement.com Site upon any breach of these Terms
of Use.
(e)
Monitor, edit, or disclose any communication in the
Public Areas.
(f)
Edit or delete any communication(s) posted on the WeatherElement.com
Site, regardless of whether such communication(s) violate these standards.
WeatherElement.com
reserves
the right to take any action it deems necessary to protect the personal safety
of our guests or the public. WeatherElement.com
has no liability or
responsibility to users of the WeatherElement.com Website or any other person or entity for
performance or nonperformance of the aforementioned activities.
17. Arbitration
Except as regarding any action
seeking equitable relief, including without limitation for the purpose of
protecting any WeatherElement.com confidential information and/or
intellectual property rights, any controversy or claim arising out of or
relating to these Terms of Use or this Website shall be settled by binding
arbitration in accordance with the commercial arbitration rules, in effect at
the time the proceedings begin, of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be held in
All information relating to or
disclosed by any party in connection with the arbitration of any disputes
hereunder shall be treated by the parties, their representatives, and the
arbitrator as proprietary business information. Such information shall not be
disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. Such information
shall not be disclosed by the arbitrator without the prior written
authorization of all parties. Each party shall bear the burden of its own
counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned
by the arbitrator may be entered in any court having jurisdiction over the
parties or their assets or application of enforcement, as the case may be. Any
award by the arbitrator shall be the sole and exclusive remedy of the parties.
The parties hereby waive all rights to judicial review of the arbitrator's
decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT
YOUR OWN RISK. WeatherElement.com SPECIFICALLY DISCLAIMS ANY LIABILITY,
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON
THE CONTENT (EVEN IF WeatherElement.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR
OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER,
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS
CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF,
OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF
LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES
OFFERED BY WeatherElement.com. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and
hold WeatherElement.com, its officers, directors, employees, agents, licensors,
and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your violation of
these Terms of Use.
B. ADDITIONAL
TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
WeatherElement.com
does not warrant that the functions contained in
the service provided by the Website will be uninterrupted or error-free, that
defects will be corrected or that this service or the server that makes it
available will be free of viruses or other harmful components.
As part of the registration
process, each user will select a password (“Password”) and Login Name (“Login
Name”). You shall provide WeatherElement.com with accurate, complete,
and updated Account information. Failure to do so shall constitute a breach of
this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the
intent to impersonate that person;
(b) use a name subject to the rights of any other person
without authorization;
(c) use a Login Name that WeatherElement.com, in
its sole discretion, deems inappropriate or offensive.
You shall notify WeatherElement.com
of any known or suspected unauthorized use(s) of your Account, or any known
or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password. You shall
be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your Account, at WeatherElement.com’s
sole discretion, and you may be reported to appropriate law-enforcement
agencies.
Contact us: If you would like to request additional
information regarding these Terms of Use, please contact us at [provide email
address]