WeatherBug Labs - Terms of Use
The terms set forth below (the "Agreement") govern your
use of this web site ("Site"). By using or visiting the Site, you expressly agree
to be bound by this Agreement and to follow all terms and applicable laws and regulations
governing the Site. If you do not agree with this Agreement, your sole recourse
is not to use the Site.
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Priority. This Agreement, in combination with WeatherBug's general
Terms of Service (available here) and
WeatherBug's general Privacy Policy (available here),
set forth the terms and conditions under which WeatherBug makes the Service available.
In the event of an inconsistency between this Agreement and either WeatherBug's
general Terms of Use or Privacy Policy, this Agreement shall control.
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Proper Use. The content and software on this Site is the property
of WeatherBug and/or its suppliers and is protected by U.S. and international intellectual
property laws. Accordingly, you agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content (except for your
own personal, non-commercial use) from the Site. Furthermore, the Site is provided
to you for your own personal use, and it may not be used for any commercial purposes.
For example, you may not do any of the following: use the Site to sell a product
or service; use the Site to increase traffic to your Web site for commercial reasons,
such as advertising sales; take the results from the Site and reformat and display
them, or mirror any portion of the Site on your Web site; or "meta-search" the Site.
If you wish to use any portion of the Site for commercial purposes, please contact
us for more information. Any use of the Site that infringes upon WeatherBug's intellectual
property rights or that is for commercial purposes will be investigated and WeatherBug
shall have the right to take appropriate civil and criminal legal action.
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User Contributions and Privacy. There are many opportunities within
the Site for you to actively participate. In the process of doing so, you may provide
certain comments, suggestions, data, or other information to WeatherBug (collectively
"Information"). WeatherBug shall have the right to retain and use any such Information
in current or future products or services, without further compensation to you.
To the extent such Information is protectable under intellectual property laws,
you agree to cooperate with WeatherBug as needed to obtain such protection as WeatherBug
may desire and you agree to assign your rights to such Information to WeatherBug.
Furthermore, WeatherBug may share aggregate (not personally identifiable) Information
with its business partners or other third parties. WeatherBug will not, however,
knowingly disclose personally identifiable Information to third parties unless required
to do so in order to comply with any valid legal process, such as a search warrant,
subpoena, statute, court order, or if necessary or appropriate to address an unlawful
or harmful activity.
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No Warranty. Please note that the services provided as part of
this Site are experimental in nature. They have not been tested in any manner, and
WeatherBug does not represent that they are reliable, accurate, complete, or otherwise
valid. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND
YOU USE THE SERVICE AT YOUR OWN RISK. WEATHERBUG EXPRESSLY DISCLAIMS ANY WARRANTY,
EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states
do not allow the exclusion of warranty, so the above exclusions may not apply to
you.
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Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WEATHERBUG
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT WEATHERBUG
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL
WEATHERBUG BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation and
exclusions may not apply to you.
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Release and Waiver. To the maximum extent permitted by applicable
law, you hereby release, and waive all claims against WeatherBug and its employees
and agents from any and all liability for claims, damages (actual and consequential),
costs and expenses (including litigation costs and attorneys' fees) of every kind
and nature, arising out of or in any way connected with use of the Service. I
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Modifications of Terms. WeatherBug shall have the right to modify
the terms of this Agreement at any time, which modification shall be effective immediately
upon posting to the Site. Accordingly, we suggest that you check this page periodically.
To make your review more convenient, we will post a version number or date at the
bottom of this page.
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Violations of Terms. In addition to any legal remedies that WeatherBug
may have for your violation of the terms of this Agreement, WeatherBug shall also
have the right in its sole discretion to suspend or terminate your access to the
Site.
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Hold Harmless and Indemnity. You agree to hold harmless and indemnify
WeatherBug, and its employees, agents and representatives, from and against any
third party claim arising from or in any way related to your use of the Site, including
any liability or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, WeatherBug will provide you with written notice of such claim, suit
or action.
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No Assignment. You shall not assign this Agreement or assign any
rights or delegate any obligations hereunder, in whole or in part, whether voluntarily
or by operation of law, without WeatherBug's prior written consent. Any such purported
assignment or delegation by you without WeatherBug's prior written consent will
be null and void and of no force or effect, unless otherwise expressly consented
to by WeatherBug at its sole and absolute discretion.
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Relationship of the Parties. Notwithstanding any provision hereof,
for all purposes of this Agreement each party shall be and act as an independent
contractor and not as partner, joint-venturer, agent, employee or employer of the
other and shall not bind nor attempt to bind the other to any contract.
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Arbitration. Any controversy or claim arising out of or relating
to this Agreement shall be settled by binding arbitration in accordance with the
commercial arbitration rules 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 decision
of the arbitrator shall be final. The arbitration shall be conducted in Montgomery
County, Maryland and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Notwithstanding anything to the contrary, WeatherBug
may at any time seek injunctions or other forms of equitable relief from any court
of competent jurisdiction.
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Miscellaneous. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original provision and the
remaining provisions shall be enforced. WeatherBug's failure to act with respect
to a breach by you or others does not waive WeatherBug's right to act with respect
to subsequent or similar breaches. The failure of WeatherBug to exercise or enforce
any right or provision of these terms and conditions shall not constitute a waiver
of such right or provision. The section headings and subheadings contained in this
Agreement are included for convenience only, and shall not limit or otherwise affect
the terms of this Agreement. This agreement shall be interpreted in accordance with
the laws of the State of Maryland as if made in Maryland by two residents of that
state. This Agreement constitutes the entire agreement between WeatherBug and you
with respect to the subject matter hereof.
