November 29, 2017
WxData.com may modify this Agreement from time to time and such modification shall be effective upon posting on the WxData.com website. You agree to be bound to any changes to this Agreement when you use the WxData.com website after any such modification is posted. It is important that you review this Agreement regularly to ensure you are aware of any changes.
Description of Services
WxData.com provides users with access to a rich collection of weather and environmental data in its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the WxData.com website may include certain communications from WxData.com or parent company iAlert Services LLC., such as service announcements, administrative messages and the WxData.com Newsletter, and that these communications are considered part of WxData.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WxData.com properties, shall be subject to this Agreement. You understand and agree that the WxData.com service and website is provided "AS-IS" and that WxData.com or it's parent company iAlert Services LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the WxData.com website, and that access may involve third-party fees (such as Internet service provider, mobile device service provider, or airtime charges, charges for incoming/outgoing text messages). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the WxData.com website or to receive WxData.com communications (such as a mobile phone or other such device to receive SMS or otherwise known as Texting communication).
WxData.com Trademarks, Copyrights, and other Intellectual Property Rights
The WxData.com website and any related software are protected by copyright, trademark, and other laws and international treaties. Except as described in other sections of this document, all intellectual property rights such as but not limited to patents, trademarks or copyrights related to the WxData.com website are the property of iAlert Services LLC. You agree that your use of the WxData.com website is through a limited nonexclusive license. iAlert Services LLC is and remains the owner of all titles, rights, and interests in the WxData.com website. You acknowledge and agree that you shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works there from. You acknowledge and agree that you are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon, contained within, or used in relation to the WxData.com website. WxData.com and iAlert Services LLC are completely independent and do not directly represent any government agency. The display of government logos, or reference to any government agency, on the WxData.com website is to display active users or provide as "credit to" only and "reference back" to the authorized government agency responsible for providing datasets.
Your Registration Obligations
In consideration of your use of the WxData.com website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the WxData.com website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WxData.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WxData.com has the right to suspend or terminate your account and refuse any and all current or future use of the WxData.com website (or any portion thereof). By using the WxData.com website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and will abide by the terms and conditions of this Agreement.
Member Account, Password and Security
You will receive a password and account designation upon completing the WxData.com website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WxData.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WxData.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. WxData.com may charge a fee for membership in or access to any of the WxData.com website as it deems appropriate. Such fee shall be non-refundable.
You understand that you will use only a reasonable amount of bandwidth, that is, that you are responsible for ensuring that the amount of data transmitted between third-parties and WxData.com for the purposes of viewing content that you control will remain within a reasonable limit. WxData.com will set that limit at its sole discretion. WxData.com take any remedies to cure use of an unreasonable amount of bandwidth, including, but not limited to, removing access to content causing unreasonable bandwidth usage, either temporarily or permanently; temporarily or permanently suspending your member account; or terminating this agreement.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct specific to any geographic location in which you use the WxData.com website. You also agree to comply with any applicable United States export rules that may govern the geographic location in which you use the WxData.com website.
You agree to indemnify and hold harmless WxData.com or parent company iAlert Services LLC and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of your use of the WxData.com website, your connection with the WxData.com website, or your violation of this Agreement.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the WxData.com website, use of the WxData.com website, or access to the WxData.com website.
General Practices Regarding Use and Service
You agree that WxData.com may establish general practices and limits concerning use of the WxData.com website, including without limitation
Modifications to Service
WxData.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WxData.com website (or any part thereof) with or without notice. You agree that WxData.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WxData.com Services.
You agree that WxData.com may, under certain circumstances and without prior notice and at WxData.com's sole discretion, immediately terminate your WxData.com account, any associated email address, and access to the WxData.com website. Cause for such termination shall include, but not be limited to:
- breaches or violations of the TOS or other incorporated agreements or guidelines
- requests by law enforcement or other government agencies
- a request by you (self-initiated account deletions)
- discontinuance or material modification to the WxData.com website (or any part thereof)
- unexpected technical or security issues or problems
- extended periods of inactivity
- engagement by you in fraudulent or illegal activities, or
- nonpayment of any fees owed by you in connection with the WxData.com website.
Termination of your membership includes:
- removal of access to all offerings within the WxData.com website
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
- barring of further use of the WxData.com website.
Further, you agree that all terminations for cause shall be made in WxData.com's sole discretion and that WxData.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the WxData.com website.
Members can terminate their account and service manually at any time from inside their membership account.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the WxData.com website, 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 advertiser. You agree that WxData.com 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 on the WxData.com website.
The WxData.com website or third parties may provide links to other World Wide Web sites or resources. Because WxData.com has no control over such sites and resources, you agree that WxData.com is not responsible for the availability of such external sites or resources, and you agree that WxData.com does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such other sites or resources. You further agree that WxData.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services associated with any such site or resource.
Disclaimer of Warranties
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
You understand and expressly agree that:
- Your use of the WxData.com is at your sole risk. The WxData.com website and services is provided on an "as is" and "as available" basis. WxData.com and its subsidiaries, affiliates, officers, employees, agents, partners, and licensees disclaim all warranties of any kind, whether express of implied, including, but not limited to, an implied warranty of merchantability, any express or implied warranty of fitness for a particular purpose, and any implied or express warranty of non-infringement.
- WxData.com and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors and licensees make no warranty that The WxData.com website or WxData.com services will be best effort. We make no guarantee of timely weather and environmental data access.
- Any material you download or otherwise obtain through use of the WxData.com website you access at your sole risk. You agree that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of or accessing of any such material.
- No communication between WxData.com or the parent company iAlert Services LLC and you, or through or from the WxData.com website shall create any warranty not expressly created in this Agreement.
Limitation of Liability
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
You expressly understand and agree that WxData.com and parent company iAlert Services LLC and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, loss of use, loss of data or other intangible losses, even if WxData.com or iAlert Services LLC has been advised of the possibility of such damages, resulting from:
- The use or the inability to use the WxData.com website or services; The cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the WxData.com website; Unauthorized access to or alteration of your transmissions or data; Any postings or transmissions made by you, the user; Statements or conduct of any third party on the WxData.com website; or Any other matter relating to the WxData.com website.
Exclusions and Limitations
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
WxData.com or parent company iAlert Services LLC may provide you with notices, including those regarding changes to this Agreement, at WxData.com's sole discretion, in any manner WxData.com decides, including, but not limited to, posting to one of the WxData.com website, email, regular mail, or by SMS.
Choice of Law, Forum and Venue
The Agreement, and the relationship between you and WxData.com and parent company iAlert Services LLC shall be governed by the laws of Maryland without regard to its Conflict of Laws provisions, and without regard to your domicile or physical location. You and WxData.com and parent company iAlert Services LLC agree to submit to the exclusive personal jurisdiction of Rockville, Maryland either in the State or Federal courts with jurisdiction thereof. You and WxData.com and parent company iAlert Services agree that proper venue for any claims arising out of or related to this Agreement shall be county of Montgomery, Rockville Maryland.
Severability and Waiver
The failure of WxData.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you and WxData.com nonetheless agree that the court should endeavor to give full effect to the parties' intentions as reflected in the provision, and you and WxData.com agree that other provisions of the Agreement remain in full effect.
Non-Transferrability and No Right of Survivorship
You agree that your right to access the WxData.com website through a membership is non-transferable and any rights to your membership or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.
Claim Time Limitation
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the WxData.com services, or this Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
Forward paid services may be refunded at the sole discretion of WxData.com and the parent company iAlert Services LLC. There are no refunds for paid services consumed prior to refund request date, exceptions may be considered at the sole discretion of WxData.com and the parent company iAlert Services LLC.