TERMS AND CONDITIONS OF
USE
The
westernwx.com/public/ site (the "Site") is owned and operated by
Western Weather Group, Inc. ("WWG"). Listed below are the terms and
conditions of use (the "Terms") for this Site. By using, accessing
and/or viewing information on the Site, you (the .Participant.) agree to be
bound by these Terms. If you violate these Terms, WWG has the right to
terminate your use of the Site and/or take appropriate legal actions against
you. We reserve the right to change these Terms at any time by posting on the
Site. Participant understands and agrees that its use of this Site is a benefit
voluntarily given by WWG and that WWG may withdraw that benefit and rescind
your participation at any time for any reason in its sole discretion. If you do
not agree to the Terms you cannot use this Site or the services and information
offered herein.
- PERMITTED USE. You
may use the Site and the features, information, pictures and other data
contained therein (collectively, the "Data") only for personal, non-commercial
purposes. You may access, view and make copies of the Data in the Site for
your personal, non-commercial use and will not publish or otherwise
distribute the Data for any other purpose. Without limiting the foregoing,
you may not utilize the Site to sell a product or service, to advertise or
direct activity to other websites or for similar commercial activities
without our express written consent. You may not modify, publish,
transmit, display, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the Data, in whole or in part.
Further restrictions on the use of this Site and its Data are provided in
Sections 2, 6 and 9 of these Terms.
- OWNERSHIP/TRADEMARKS.
Participant does not acquire or have any ownership, license or other
proprietary interest in the Site or the Data. You understand that the Site
and the Data are protected by copyrights, trademarks, service marks,
patents and other proprietary rights and laws. You cannot use any
protected material without the express written consent of the owner of
such material except as permitted by law. Specifically, some of Data on
this Site is unique and proprietary to WWG and is not available for
commercial use without the advance written consent from WWG. ANY USE OF
THIS DATA SHALL ACKNOWLEDGE Westernwx.com/public/ AS THE SOURCE. WWG will take
appropriate legal action to protect and safeguard any unauthorized use of
this Data.
- PRIVACY POLICY. The
use of personal information for this Site is governed by our Privacy
Policy.
- Monitoring. WWG
shall have the right in its sole discretion to refuse to post or remove
any material submitted to or posted on the site. Without limiting the
foregoing, WWG shall have the right, but not the obligation, to remove any
material we in our sole discretion, find to be in violation of the
provisions hereof or otherwise objectionable. However, any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers and users, are those of the respective author(s) or
distributor(s) and not that of WWG.
- LINKS. The
Site may include links and advertisements to other websites, products or
services. You acknowledge that these links are provided solely as a convenience
to you and not as an endorsement by WWG or by any of its third-party
providers regarding the content of those other websites. Neither WWG nor
its third-party providers are responsible for or will have any liability
with respect to the information contained in any websites that you may
access as a result of such links including any objectionable or offensive
content. If you decide to visit any other website or forum for any reason,
you do so at your own risk.
- BLOGS/DISCUSSIONS.
.Blogs, or web logs, is a place for individuals to share their interest in
weather and the world outdoors with other users of Western Weather Group.
Areas of the Site including the .Western Weather Group Blog allow for
public discussion of weather-related ideas, facts and opinions. WWG is not
an editor or publisher of the information, advice, ideas, statements,
offers, sources or opinions (collectively, the Shared Information.)
supplied by third parties and users of the Site and does not have
editorial control over such Shared Information. Any Shared Information
expressed or made available by third parties are those of the respective
author(s) or distributor(s) and not of WWG, its employees, agents,
representatives or affiliates. WWG does not monitor the content of all the
Shared Information twenty-four hours a day and, therefore, does not
endorse and cannot be responsible for the appropriateness, accuracy or
reliability of any Shared Information made by anyone other than WWG’s
authorized employees and representatives while acting within the scope of
their official capacities. You may post information that is appropriate
for general readership. You may not post information that is
objectionable, inappropriate or offensive for general readership. WWG is
not responsible for or will have any liability with respect to the
information contained in any websites that you may access as a result of
such links including any objectionable or offensive content. You may not
use the Site and/or the discussion forums to advertise or sell a product
or service, or to advertise or direct activity to other websites. You may
not use the Site for any commercial purpose without the prior written
approval of WWG. WWG shall have the right in its sole discretion to refuse
to post or remove any material submitted to or posted on the Site
including any material that WWG, in its sole discretion, finds to be
objectionable or inappropriate in any way.
- ADVERTISERS/VENDORS/SERVICE
PROVIDERS. The Site may contain advertising and
sponsorship. Advertisers and sponsors are responsible for insuring that
materials submitted for inclusion on the Site are accurate and comply with
applicable laws. WWG will not be responsible for the illegality of or any
error in accuracy in any advertisers or sponsors materials, participant
understands and agrees that, in order to provide for the use of this Site,
WWG contracts with certain vendors and service providers, which have
certain rights, limitations of warranties, and limitations of liability in
those contracts. Participant understands and agrees that it is not a third
party beneficiary under any such agreements, that it has no rights
whatsoever pursuant to such agreements, and that it has no contractual or
other relationship with any advertiser, business affiliate, vendor or
service provider by reason of the use or information provided on this Site
or any agreement relating to the Site. To the extent that Participant has
any such rights or claims by operation of law or otherwise, Participant
hereby waives any and all rights and claims whatsoever against those
vendors and service providers whether resulting from the exercise of any
right by such vendors or service providers pursuant to such agreements,
the any error or omission in the services provided, not provided, withdrawn
or terminated, or the use of this Site.
- LIMITATION OF LIABILITY. WWG
assumes no responsibility for, and shall not be liable for, any damages or
expenses you may incur as a result of any inaccuracy, incompleteness or
obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE
ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the
generality of the forgoing, you agree that neither WWG nor any of its
affiliates, employees or agents will be liable to you or to any other
party for any direct or indirect damages, or for any special, exemplary,
punitive, incidental, consequential or other damages (including, but not
limited to, lost profits or lost time), whether based on contract, tort,
strict liability or otherwise, which arise out of or are in any way
connected with any access to the Site or any viewing or use of any
information on the Site. You acknowledge that the limitations in this
Section are reasonable and appropriate. WWG DISCLAIMS ALL WARRANTIES
REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA
IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR
OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR
RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN
DISCRETION AND RISK.
- UNAUTHORIZED USE/NO
INTERFERENCE. You agree that you will not use or attempt to
use any method, device, software or routine to harm others or interfere
with functioning of the Site or use and/or monitor any information in or
related to the Site for any unauthorized purpose. Specifically, each
Participant, whether authorized or unauthorized, agrees that it will not
(and will not permit any of its employees, agents, and any other third
party) do any of the following:
o
Upload, post, email, transmit or otherwise
make available any Data or content on the Site as to which you do not possess
all of the patent, trademark, copyright, trade secret, license or other rights
to do so;
o
Violate any applicable laws and
regulations, whether federal, state, local, foreign or international,
applicable to the Site, its Data and/or your use of either, including without
limitation U.S. export and re-export control laws and regulations, and you will
not otherwise engage in any illegal, manipulative or misleading activity
through use of this Site or its Data;
o
Use this Site or the Data or provide,
link, or otherwise make available, any information on the Site that is
unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another.s privacy,
hateful, harmful to minors or racially, ethnically or otherwise objectionable;
o
Impersonate any person or entity, or
otherwise misrepresent your affiliation;
o
Manipulate, forge, or otherwise modify
information or identifiers in a manner which may hide or disguise the origin of
any information;
o
Upload, post, email, transmit, link to or
otherwise make available any information on the Site that infringes any
intellectual property rights or other proprietary rights of others, or that
contains any virus, computer code, file, or other material which has as its
intended purpose, the interruption, destruction, or loss of functionality of
any computer software, Data, hardware, telecommunications equipment, or
communications ability;
o
Attempt to gain access to confidential
information to which you are not entitled;
o
Modify, reverse engineer, reverse
assemble, decompile or hack into any of the software applications or related tools
or utilities used by this Site;
o
Alter or delete information not provided
by you, or interfere with the operation of this Site including, but not limited
to, by distribution of unsolicited advertising or mail messages or propagation
of worms, viruses and the like.
o
By providing Data or material, you also
agree to be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. Subject to WWG's policies regarding privacy, all e-mails, messages,
postings, ideas, suggestions, concepts or other ideas or materials submitted
will be treated as non-confidential and non-proprietary and may be used freely
thereafter by WWG for any purposes it deems appropriate including commercial
gain. By submitting information to WWG, you automatically grant, or warrant
that the owner of such material has expressly granted WWG a royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, display, translate and distribute such
material (in whole or in part) and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed. You also agree to
permit any other user of the Site to access, view, download or reproduce the
material for any use permitted by the Site. You grant WWG the right to edit,
copy, display, publish and distribute any information or material made
available on the Site by you.
- INDEMNIFICATION. You
agree to indemnify and to hold WWG, its subsidiaries, affiliates, business
partners, officers, employers and other agents, harmless from and against
any loss, liability, damage or expense (including reasonable attorneys
fees) arising out of your use of the Site, including, without limitation,
any violations by you in the terms and conditions for your use of the
Site.
- VIRUSES. We
will use commercially reasonable efforts to maintain the Site free of
viruses and other harmful components. However, as the Site is accessible
by third parties, we cannot assume any responsibility for any viruses or
other harmful components that may affect your computer equipment or other
property as a result of your access to, viewing of or downloading any Data
from the Site. We do not warrant that the Site, its servers or any Data
downloaded from the Site is free from viruses, bugs or other harmful
components.
- MODIFICATIONS/TERMINATION.
Without limiting its other remedies, WWG may immediately discontinue,
suspend, terminate or block your and any user's access to this Site at any
time in its sole discretion. WWG may amend or modify these terms and
conditions at any time. Any such changes will become effective immediately
upon the date they are first posted to this Site. You agree to be bound by
these terms and conditions. It is your responsibility to return to this
page from time to time to review the most current terms and conditions.
WWG does not assume any obligation to notify you of changes to these terms
and conditions.
- GOVERNING LAW/JURISDICTION. These
terms and conditions and your access to and use of information from the
Site are governed by the laws of the State of California. In the event of any dispute
regarding the interpretation or compliance with these terms and
conditions, you consent to the exclusive jurisdiction of the state and
federal courts located in Butte
County, California.
- ENTIRE AGREEMENT. These
terms and conditions of use for this website constitute the entire
agreement between you and WWG regarding your access to the Site and your
reproduction and use of any information in the Site. Any waiver of any
term or condition shall not be effective unless in a written document
signed by an authorized representative of Western Weather Group, Inc..