TERMS OF SERVICE
The WeatherDeep Site located at www.wx-deep.com, (the “Site”) is a copyrighted work belonging to Dr. Ashton Robinson Cook d/b/a WeatherDeep (“WeatherDeep”). WeatherDeep provides extended-range forecasts of severe weather (collectively, with all other services provided through the Site, the “Services”). As of the date the Site is launched, the Site may not have all of the features referenced in these Terms of Service. However, WeatherDeep plans on adding the full set of features referenced in these Terms of Service to the Site in the near future.
THESE TERMS OF SERVICE (“AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT ABOVE THE AGE OF EIGHTEEN (18) YEARS. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.
Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with WeatherDeep (“WeatherDeep Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. You may delete your WeatherDeep Account at any time, for any reason, by contacting WeatherDeep via the “Contact Page” on the Site. For questions please contact us via the “Contact Page” on the Site. WeatherDeep may suspend or terminate your WeatherDeep Account in accordance with Term and Termination.
SITE User License. Subject to the terms of this Agreement, WeatherDeep grants you a non-transferable, non-exclusive, single user license to use the Site and Services for your personal and business use. Site content may not be shared with any 3rd party.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services (provided that the foregoing restriction does not apply to your personal or business use); (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means or “frame” or “mirror” the Site on any other server or wireless or Internet-based device.. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.
Modification. WeatherDeep reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that WeatherDeep will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Ownership. Excluding your User Content (defined below), you acknowledge that the Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, models, computer programs and other material and information contained on, or utilized in the provision of, the Site is the property of WeatherDeep and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services (excluding any User Content) are owned by WeatherDeep or WeatherDeep’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. WeatherDeep and its suppliers reserve all rights not granted in this Agreement.
License. By using your User Content with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to WeatherDeep an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback. If you provide WeatherDeep any feedback or suggestions regarding the use, operation, functionality, or characteristic of the Site or Services (“Feedback”), you hereby assign to WeatherDeep all rights in the Feedback and agree that WeatherDeep shall have the right to use such Feedback and related information in any manner it deems appropriate. WeatherDeep will treat any Feedback you provide to WeatherDeep as non-confidential and non-proprietary. You agree that you will not submit to WeatherDeep any information or ideas that you consider to be confidential or proprietary.
ACCEPTABLE USE POLICY.
THE FOLLOWING SETS FORTH WEATHERDEEP’S “ACCEPTABLE USE POLICY”:
You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to (i) the Site or Services or (ii) other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site or Services.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your WeatherDeep Account in accordance with the Term and Termination Section, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information we consider necessary or appropriate, including your WeatherDeep Account username and password, IP address and traffic information, usage history, and your User Content.
YOU AGREE TO INDEMNIFY AND HOLD DR. ASHTON ROBINSON COOK AND WEATHERDEEP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, ITS SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM HARMLESS, INCLUDING COSTS AND REASONABLE ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR USE OF THE SITE OR SERVICES, (II) YOUR USER CONTENT, OR (III) YOUR VIOLATION OF THIS AGREEMENT. WEATHERDEEP RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF WEATHERDEEP. WEATHERDEEP WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
THIRD PARTY SITES & ADS; OTHER USERS
Third Party Sites & Ads. The Site might contain links to third party websites and advertisements for third parties (collectively,“Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of WeatherDeep and WeatherDeep is not responsible for any Third Party Sites & Ads. WeatherDeep provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site or an ad provided by a third party, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Other Users. Each Site user is solely responsible for any and all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that WeatherDeep will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Release. You hereby release and forever discharge Dr. Ashton Robinson Cook, WeatherDeep and our officers, employees, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
IN NO EVENT SHALL DR. ASHTON ROBINSON COOK OR WEATHERDEEP (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID WEATHERDEEP IN THE PRIOR 12 MONTHS (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERM AND TERMINATION.
SUBJECT TO THIS SECTION, THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE OR SERVICES. WE MAY (A) SUSPEND YOUR RIGHTS TO USE THE SITE AND/OR SERVICES (INCLUDING YOUR WEATHERDEEP ACCOUNT) OR (B) TERMINATE THIS AGREEMENT, AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE SITE OR SERVICES IN VIOLATION OF THIS AGREEMENT OR IF WE BELIEVE YOU ARE YOUNGER THAN EIGHTEEN (18). UPON TERMINATION OF THIS AGREEMENT, YOUR WEATHERDEEP ACCOUNT AND RIGHT TO ACCESS AND USE THE SITE AND SERVICES WILL TERMINATE IMMEDIATELY. YOU UNDERSTAND THAT ANY TERMINATION OF YOUR WEATHERDEEP ACCOUNT INVOLVES DELETION OF YOUR USER CONTENT ASSOCIATED THEREWITH FROM OUR LIVE DATABASES. WEATHERDEEP WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF THIS AGREEMENT, INCLUDING FOR TERMINATION OF YOUR WEATHERDEEP ACCOUNT OR DELETION OF YOUR USER CONTENT. UPON TERMINATION THE FOLLOWING SECTIONS WILL REMAIN IN EFFECT: INDEMNITY; LIMITATION OF LIABILITY; DISCLAIMERS; CONFIDENTIALITY; AND GENERAL.
Definition. “Confidential Information” means all confidential or proprietary information WeatherDeep discloses to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to, weather outlooks, weather forecasts, financial information, technology, technical information, methods, models, model verifications, processes, techniques, designs, computer programs, other business information, and other weather related information. Without limiting the coverage of these confidentiality obligations, you acknowledge and agree that WeatherDeep’s Confidential Information shall include the Services, all content, data and other information generated by the Services and all derivative works, modifications and improvements to such data made in conformance with this Agreement.
Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known except through a breach of this Agreement; (b) was in the receiving party’s lawful possession prior to the disclosure without restriction on use or disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on use or disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence without use of any Confidential Information of WeatherDeep and not in breach of this Agreement.
Nondisclosure. Subject to the express permissions of this Agreement, you will protect WeatherDeep’s Confidential Information from unauthorized use, access or disclosure in the same manner as you protect your own Confidential Information, but with no less than reasonable care.
You agree to pay to WeatherDeep the fees stated or as specified from time to time for various fee-based products and services available by or through WeatherDeep on the Site under conditions set out in the subscription page. WeatherDeep reserves the right to charge extra charges for your credit card for any products and services purchased from the Site. You are responsible for the timely payment of all fees and for providing us with a valid credit card for payment of all fees. No refunds will be given after monthly or longer period fees have been made.
Renewal Terms. Monthly subscriptions shall continue to renew monthly until proper termination notification is received from you.
Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Governing Law. This Agreement shall be governed by the laws of the State of Oklahoma without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts in Cleveland County, Oklahoma and the federal court of the Western District of Oklahoma for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Copyright/Trademark Information. Copyright © 2019, Dr. Ashton Robinson Cook and WeatherDeep. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are Dr. Ashton Robinson Cook and WeatherDeep’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF WEATHERDEEP AND THE WEATHERDEEP NAME SHALL NOT BE USED BY YOU IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM WEATHERDEEP.