Please review the terms and conditions below and indicate your agreement or non-agreement.
Last Modified and Effective date: 7/2/2019
1. Introduction and Acceptance
These Services are for the use of persons eighteen (18) years of age and older. By accessing and/or using the Services, you represent and warrant that you are over the age of eighteen (18).
2.1. Services Access and Use
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Services or Service Content;
(ii) frame, mirror, in-line link to, or make other similar use of, all or any part of the Services or the Services's content, including WeatherCall's or any other party's intellectual property therein;
(iii) You may not access any portion of the Services that are not public or is not meant to be accessed by general users, and you may not attempt to circumvent, disable or otherwise interfere with security-related features of the Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or Service Content;
(iv) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Services or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Service Content from the Services for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Service Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(v) collect or harvest any personally identifiable information from the Services including, without limitation, usernames, passwords, or email addresses;
(vi) attempt to or interfere with the proper working of the Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Services; (viii) use network-monitoring software to determine the architecture of or extract usage data from the Services;
(ix) encourage, or engage in, conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as defined below) without permission); or
2.2. Electronic Communications
This section applies to users who use the Services to send text and email communications to
other users of the Services.
When you use the Site, or send e-mails, text messages, and other communications, you agree
to comply with applicable laws regarding communications with consumers including, but not
Additionally, you agree not to use the Services in a threatening, harassing, or disparaging
2.3 Opt-Out Requirements
It is your responsibility to communicate to other users you may add to the Service, that the WeatherCall Services are an optional service for any intended recipient. It is also your responsibility to execute an Opt-Out form with each intended recipient. You shall not provide any personal information to WeatherCall without first receiving an Opt-Out form from the intended recipient. If you do not have an Opt-Out form to provide recipients, then contact WeatherCall at email@example.com. Community member access to this Opt-Out form is to remain available in a publicly accessible office and communicated to the resident of the community providing them a clear avenue to choose not to participate in these services at any time they choose to Opt-Out.
3. User Registration
In order to access or use some features of the Services, you may have to become a registered user. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a "Membership"), which may permit you access to certain areas of the Services not available to non-registered users. You are solely responsible for maintaining the confidentiality and security of your login information and remain at all times solely responsible for all usage or activity occurring in connection with your login information. You agree that providing your login information or providing access to your account by any other means to any other person, is strictly prohibited. You agree and acknowledge that WeatherCall shall have no responsibility or liability to you or any third party for any claims, harm, or losses arising in connection with or resulting from the use of your login information. If you believe that your login information has been lost, stolen, or otherwise compromised, or that an unauthorized person has or may attempt to access the Services, you should immediately contact WeatherCall via e-mail to firstname.lastname@example.org and WeatherCall will engage in reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation.
4. Phone Calls and Mobile Messages; Automatic-Renewal Terms
You may subscribe for certain Services for us to call or send you text messages (such as for notice of weather-related conditions) or receive email (the "Communication Services"). By subscribing for any such Communication Service, you represent and warrant that you are the lawful owner of the phone or device that will receive the call or text message. If your contact information changes, you will immediately notify us of your new contact information. The Communication Services may not be available at all times and in all areas. Neither Company nor its affiliates are responsible for phone calls or text messages that you do not receive for any reason. You acknowledge we may call you or send you a text message at any time as part of the Communication Services and there is neither a minimum nor a maximum number of calls or text messages you may receive as part of the Communication Services and the frequency may vary depending on your settings. You consent to us calling or sending you text messages as part of the Communication Services.
Standard call and message rates may apply from your mobile or wireless device carrier for calls or text messages you receive, notwithstanding any payment you may make to Company for the Communication Services. You may cancel the Communication Services at any time through the process described for any such Communication Services, but Company will not refund any portion of previously paid subscription fees. Company will provide you with the Communication Services during the initial term described at the time of purchase for such Communication Service and, until you cancel such Service, for subsequent renewal terms equal to the period of the initial term .
COMMUNICATION SERVICES AUTOMATICALLY RENEW AND WE WILL CONTINUE TO PROVIDE THEM UNTIL YOU CANCEL SUCH SERVICES. YOU HEREBY AUTHORIZE COMPANY TO CHARGE THE CREDIT CARD THAT YOU HAVE PROVIDED FOR THE COMMUNICATION SERVICES FOR THE INITIAL TERM OF THE COMMUNICATION SERVICES AND ANY RENEWAL TERMS. THE COMMUNICATION SERVICES WILL AUTOMATICALLY RENEW FOR THE PERIODS SET FORTH AT THE TIME OF PURCHASE (E.G., MONTHLY OR ANNUALLY). YOU MAY CANCEL THE COMMUNICATION SERVICES AT ANY TIME BY SENDING AN E-MAIL TO SUPPORT@WEATHERCALL.NET WITH THE SUBJECT "CANCELLATION REQUEST." THERE WILL BE RECURRING CHARGES IN THE AMOUNT INITIALLY SET FORTH AT THE TIME OF PURCHASE, BUT SUCH AMOUNT MAY CHANGE IN THE FUTURE. THE MINIMUM PURCHASE OBLIGATION IS THE PRICE OF THE COMMUNICATION SERVICES. IF THERE IS A MATERIAL CHANGE TO THE AUTOMATIC- RENEWAL TERMS, COMPANY WILL NOTIFY YOU OF THE CHANGE AND PROVIDE YOU WITH DETAILS ABOUT CANCELLING THE COMMUNICATION SERVICES.
5. Intellectual Property
The content, functions, features, services, information and materials provide through the Services, including but not limited to text, data, audio, video, images, photographs, graphics, documents, summaries, descriptions, forums, message boards, user profiles, professional summaries, articles, publications, news, surveys, information regarding WeatherCall, and any other information or material appearing on or otherwise accessible through the Services (the "Materials"), together with the selection and arrangement of such Materials, are the property of WeatherCall, our affiliates, or our content suppliers, and are protected by copyright, trademark, patent and/or other intellectual property laws of the United States and other jurisdictions.
You recognize that while some of the Materials available through use of the Services may be compiled from publicly available sources, the compilation of such materials represents protectable effort and expression exerted by WeatherCall, and you agree not to contest same.
The trademarks, service marks, logos and any designs used or displayed through the Services specific to WeatherCall are registered and unregistered trademarks and/or service marks owned by WeatherCall. Other copyrighted works, trademarks, service marks, trade names and company logos utilized through the Services not owned by WeatherCall are the property of their respective owners. All rights reserved. The appearance of any such third-party trademarks does not in any way imply any connection, license, affiliation, approval, sponsorship or other such relationship of any kind with such third party.
The removal of any trademark, copyright, or other rights notice is strictly prohibited. Further, except as expressly permitted herein, any use, reproduction, duplication, publication, display, copying, sale, modification, exploitation, or other use of the Materials, in whole or in part, is strictly prohibited without the prior express written consent of WeatherCall.
6. Service Content and Third-Party Links
We provide the Services including, without limitation, Service Content for educational, informational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Services by anyone other than authorized employees or spokespersons while acting in their official capacities.
Any safety related information that may be posted is not intended to be a substitute for government regulated safety advice. We do not endorse or warrant the validity of any such safety statements found on the Services or in any third-party sites referenced in the Services. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal safety needs. Never disregard professional safety advice or delay in seeking it because of something you have read on the Services.
If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Company and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Services may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to defend, indemnify and hold harmless WeatherCall, its affiliates and its suppliers, and each of their officers, directors, employees, parents, partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of: (a) Your activities in connection with the Services, including without limitation your use of the Communication Services and/or your provision of any Submission or other material in connection with the Services; (b) Any violation of this Agreement by you; (c) Any improper or unauthorized use of the Services, Communication Services, and/or Materials by you; (d) Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the Services or the use of software or information provided by the Services; (e) Any allegation that anything you transmit or attempt to transmit, including but not limited to any content or Submission you submit, post, or otherwise make available, through or in connection with the Services, infringes or otherwise violates the intellectual property, privacy or other rights of any third party; or (f) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
8. Limitation of Liability and Disclaimer of Warranties
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED "AS IS." WEATHERCALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICES AND SERVICES PROVIDED IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL WEATHERCALL, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL'S USE OF OR ACCESS TO THE SERVICES OR ANY GOODS OR SERVICES CONTAINED HEREON. WEATHERCALL DOES NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WEATHERCALL DISCLAIMS ANY AND ALL LIABILITY FROM ANY MALFUNCTIONS, LIMITATIONS ON ACCESS OR INTERRUPTIONS IN AND TO THE SERVICES. ADDITIONALLY, WEATHERCALL DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY WEATHERCALL TO ANY INDIVIDUAL VIA THE SERVICES IS ACCURATE OR EFFECTIVE. WEATHERCALL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL NOT VIOLATE THE RIGHTS OF OTHERS. FURTHER, NEITHER WEATHERCALL, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE SERVICES OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE MATERIALS IS TO STOP USING THE SERVICES OR THE MATERIALS.
WEATHERCALL HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER UTILIZING THE SERVICES OR THE SERVICES AVAILABLE THEREON, NOR DOES WEATHERCALL HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS. WEATHERCALL WILL NOT BE HELD LIABLE FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, THE SERVICES INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED TO YOU "AS IS" AND WEATHERCALL SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED VIA THE SERVICES. IF YOU ARE DISSATISFIED OR HARMED BY WEATHERCALL, THE SERVICES OR ANYTHING RELATED TO WEATHERCALL, YOU MAY LEAVE WEATHERCALL AND MEMBERSHIP IN THE SERVICES AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
WEATHERCALL'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.
11. Choice of Law and Jurisdiction
Unless otherwise specified, the Services and its contents are provided solely for providing information. The Services are controlled and operated by WeatherCall from Texas, in the United States of America. You agree that any dispute arising under the Agreement or your use of the Services in any way shall be resolved exclusively by Texas state or federal courts, applying Texas law, regardless of any principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Services may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by using the Services, you unequivocally and unambiguously agree to waive your right to suit in your home jurisdiction and to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause, and United States law will apply.
11. Dispute Resolution
Each party agrees to first contact the other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by sending notice to WeatherCall Services, LLC, P.O. Box 472, Parker, CO 80134 or email@example.com. We will contact you based on the contact information you have provided us.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
Each party agrees that any claim or dispute between such parties, and any claim by either party against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
Each party is entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any resulting proceedings shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. Exception to Arbitrate. Either party may bring qualifying claims in small claims court. Further, pursuant to the "NO CLASS ACTIONS" section below, each party agrees that any arbitration will be solely between you and Company, not as part of a class wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this NO CLASS ACTION restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class wide dispute must be brought in court.
12. No Class Actions
TO THE EXTENT ALLOWED BY LAW, COMPANY AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
13. Modifications to the Agreements
WeatherCall reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) without notice to you. You agree that WeatherCall shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of the Services, or of any Materials (as defined below).
If you have any questions about this Agreement, or otherwise desire to contact WeatherCall, please direct your communication to:
WeatherCall Services, LLC
P.O. Box 472, Parker, CO 80134
15. Force Majeure
WeatherCall will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.