Terms of Use

Effective: July 16, 2012

The Weatherist.com website (the “Website”) is owned and operated by Weatherist.com, LLC (the “Company” or “Weatherist.com”), a Colorado limited liability company.  By accessing and/or viewing the Website or any associated content including emails, data feeds, blogs, and mobile application(s) (collectively the “Services”), you agree to be bound by these Terms of Use (the “Terms of Use”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Company’s Privacy Policy, which is expressly incorporated into these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are exclusively offered and available to personal, non-commercial users who are at least eighteen (18) years of age, and who reside in the United States or any of its territories. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements, including that your use of the Services or Website is for non-commercial purposes. If you do not meet all of these requirements, you must not access or use the Services.

1.  Changes to the Terms of Use

THESE TERMS OF USE ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THE TERMS OF USE ON THE WEBSITE. SHOULD YOU REQUIRE DIRECT NOTICE OF SUCH CHANGES, PLEASE SUBMIT YOUR E-MAIL BY FILLING OUT THE FORM ACCESSIBLE THROUGH THE FOLLOWING LINK: Terms of Use Notice

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

2.  Accessing the Services and Account Security

We reserve the right to withdraw or amend the Website, Services, or any service or material we provide through the Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the Services in their entirety to users, including registered users.

You are responsible for: (i) making all arrangements necessary for you to have access to the Website and (ii) ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website, Services, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information that you provide to us is correct, current and complete. You agree that all information you provide to us through the Website, Services or otherwise, including, but not limited to the use of any interactive features on the Website, is governed by these Terms of Use and our Privacy Policy and you consent to all actions we take with respect to your information consistent with these Terms of Use and our Privacy Policy.

3.  Intellectual Property Rights

The Services and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are only permitted to use the Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or materials available through the Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any of its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4.  Trademarks

The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company, its licensors, or business partners. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website or Services are the trademarks of their respective owners.

5.  Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

a.       In any way that violates any applicable federal, state, local or international law or regulation;

b.       To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;

c.        To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

d.       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Services or expose them to liability; or

e.        For any commercial purposes.

Additionally, you agree not to:

a.       Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any of the Services or any other party’s use of the Services, including their ability to engage in real time activities through the Services;

b.       Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

c.        Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or

d.       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

6.  User Contributions

The Website may contain user-generated content and comment sections that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “UserContributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our business partners, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our business partners, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

7.  Monitoring and Enforcement of User Contributions; Termination

We have the right to:

a.       Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

b.       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;

c.        Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

d.       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and

e.        Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS BUSINESS PARTNERS AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8.  Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

a.       Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

b.       Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

c.        Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

d.       Be likely to deceive any person;

e.        Promote any illegal activity or advocate, promote or assist any unlawful act;

f.        Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

g.        Impersonate any person or misrepresent your identity or affiliation with any person or organization;

h.       Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions or advertising; or                                                     

i.         Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9.  Copyright Infringement

We respect the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s copyrights. Among other things, this means that we remove content that is reported to us pursuant to The Digital Millennium Copyright Act of 1998 (the “DMCA”). It is the policy of the Company to terminate the user accounts of repeat infringers.

Notices pursuant to the DMCA should be sent to:

Weatherist.com, LLC

Attn: Copyright Agent

1524 Belford Ct., West Suite

Evergreen, CO 80439

Tel: (800)910-3940

By email: copyright@weatherist.com

10.  Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11.  Information About You

All information we collect through the Services are subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12.  Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES OR THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES OR THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.  Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS BUSINESS PARTNERS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR THE WEBSITE, ANY SERVICES LINKED TO EITHER, ANY CONTENT ON THE SERVICES OR SUCH OTHER ITEMS OBTAINED THROUGH THE SERVICES OR THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14.  Indemnification

You agree to defend, indemnify and hold harmless the Company, its business partners, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services or the Website, including, but not limited to, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services or the Website.

15.  Dispute Resolution

a.             Court Proceedings

Any litigation against us may be commenced only in the federal or state courts located in Cook County, Illinois. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes.

b.             Notice and Opportunity to Cure

Prior to the filing of a lawsuit against the Company, you agree to provide the Company with written notice of your claims and to allow the Company thirty (30) days from the date of receipt of such notice to attempt to resolve your claims. Written notice should be sent to the following Weatherist.com personnel:

Weatherist.com, LLC

Attn: Claims Resolution

1524 Belford Ct., West Suite

Evergreen, CO 80439

Tel: (800)910-3940

16.  Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use or our Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use or our Privacy Policy shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use or our Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use or our Privacy Policy will continue in full force and effect.

17.  Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Weatherist.com, LLC with respect to the Services or any associated content including, but not limited to, emails, data feeds, blogs or mobile applications and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such services.