|
 |
|
|
 Legal
|
|
|
|
|
|
|
Terms and Conditions for Use of WX.Com Website
Privacy Statement
|
|
Terms and Conditions for Use of WX.Com Website
Meteorlogix
provides wx.com (this "site") subject to your compliance with the terms
and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
- Control of Site. Meteorlogix has the right at any time
to change or discontinue any aspect or feature of this site, including,
without limitation, the content, hours of availability, and equipment
needed for access or use of this site.
- Use of this Site. You shall use this site for
lawful purposes only. You shall not post or transmit through this site
any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violate any law.
Without Meteorlogix's express prior approval, you shall not post or transmit
through this site any material which contains advertising or any
solicitation with respect to products or services. You shall not use
this site to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with this
site.
- Proprietary Information. This site contains
copyrighted material, trademarks and other proprietary information,
including, without limitation, text, software, photos, video, graphics,
music and sound, and the contents of this site are copyrighted under the
United States copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part. You may
download one copy of any copyrighted material for your personal,
non-commercial home use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of Meteorlogix and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by
downloading copyrighted material. Meteorlogix and each of the logos used in this
site are trademarks of Data Transmission Network Corporation or its
affiliates. All rights are reserved.
- Disclaimer of Warranty; Limitation of
Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE
IS AT YOUR SOLE RISK. NEITHER Meteorlogix, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
B. THIS SITE IS PROVIDEINCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS
SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR
(INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION.
D. IN NO EVENT WILL Meteorlogix, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR
THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL D ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS
OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Meteorlogix'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS SITE.
- Monitoring. Meteorlogix shall have the right, but not
the obligation, to monitor the use of this site to determine compliance
with these conditions of use and any operating rules established by Meteorlogix
and to satisfy any law, regulation or authorized government request.
- Indemnification. You agree to defend, indemnify
and hold harmless Meteorlogix and its affiliates and their respective directors,
officers, employees and agents from and against any and all claims,
actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of your use of this
site.
- Modifications. Meteorlogix has the right at any time to
change or modify the terms and conditions applicable to
- use of this site, or any part thereof, or to
impose new conditions, including, without limitation, adding fees and
charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given
by any means including, without limitation, posting on this site, or by
electronic or conventional mail, or by any other means. Any use of this
site by you after such notice shall be deemed to constitute acceptance
of such changes, modifications, additions or deletions.
- Official Warnings. YOU ARE ADVISED THAT THE
GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND
OTHER COMMUNICATION. YOU SHOULD KEEP ADVISED OF SUCH COMMUNICATIONS. YOU
ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE
LIFE OR PROPERTY.
- Miscellaneous. These terms of use constitute the entire agreement of
the parties with respect. to the subject matter hereof and supersede all
previous written or oral agreements between the parties with respect to
such subject matter. These terms of use shall be construed in accordance
with the laws of the State of Nebraska, without regard to its conflict
of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import. Meteorlogix neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or
statement made on this site by anyone other than authorized Meteorlogix employee
spokespersons while acting in their official capacities. This Agreement
is for the benefit of Meteorlogix, its affiliates and any third party content
providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
|
|
Privacy Statement
Meteorlogix collects personally identifiable information on a voluntary basis for the
purposes of: providing customized content, subscription service registration, demographic
compilation, and marketing and promotional campaigns. When information is required that
uniquely identifies you as an individual (name, address, phone number, etc), you will have
the opportunity to "opt-out" of any promotional marketing, except when you specifically
request marketing or promotional information.
From time to time, Meteorlogix will perform statistical analysis using data provided by you for
the purposes of: determining interest in various services provided by Meteorlogix, inform
advertisers of the effectiveness of their marketing campaigns, and to better serve your information
needs. Also, Meteorlogix may allow select third parties to offer subscription services or fee-based
products through the Meteorlogix site. Meteorlogix makes no guarantees in regard to the policies of
these parties and you should investigate each site's privacy policy before providing personally
identifiable information to them.
Meteorlogix utilizes 'cookies' to provide custom content and measure visitation patterns and user
preferences. Cookies are small text files sent from Meteorlogix to your hard drive. These files do
not allow anyone else to obtain your personal information, nor do they cause any harm to your
computer. Meteorlogix may provide aggregate (not individual) information obtained using cookies to
third parties, but this information will not include your personally identifiable information.
Your privacy is important to Meteorlogix. We use a variety of security measures to protect your
personally identifiable information from unauthorized use. Meteorlogix does, however, contain
links to other web sites that are not controlled by us. Please take all necessary precautions to
protect your information when you visit one of these sites.
Meteorlogix reserves the right to modify this Privacy Policy whenever the need arises. Changes to
this policy will be posted to this site in a timely manner. This policy is not a contractual
agreement and does not provide you with any legal rights.
|
|
|
|
 |
|
|
