Last updated on August 30th, 2017
This page describes the Terms and Conditions that govern your use of meteologix.com (the “Site”), a service of Meteologix AG (“Meteologix”). Your rights to use this Site and its content and services are restricted rights that are governed by the Terms and Conditions contained herein.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES TO THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS AND CONDITIONS, OR MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
1.1 By accessing, receiving, downloading, using, or possessing, or continuing to access, receive, download, use or possess data and content available on the Site, you are entering into this agreement with Meteologix, and you hereby acknowledge and agree on behalf of yourself and/or on behalf of the entity or business you represent to the validity and applicability of these Terms and Conditions.
1.2 If you are using the Site on behalf of an entity or business, you represent that you are authorized to agree to the Terms and Conditions on behalf of such entity or business, and references herein to “Licensee,” “you,” or “your” shall be construed to mean and refer to you and such entity or business on whose behalf you have accepted these Terms and Conditions.
1.3 Meteologix may change, add, or remove portions of these Terms and Conditions at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.4 Meteologix may change, suspend, or discontinue any aspect of the services available on the Site at any time, including the availability of any service feature, database, or content. Meteologix may also impose limits on certain features and services available on the Site or restrict your access to parts or all of the Site without notice or liability. YOU AGREE THAT METEOLOGIX SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE.
1.5 Meteologix makes no guarantee that its Site and/or content or services will be operational with your computer, browser, hardware, or software.
2. Use of the Site and Site Content
2.1 The Site and its contents and services are intended for your personal, noncommercial use. All materials published on the Site (“Content”) are protected by copyright.
2.2 Except as permitted in Section 2.3 of these Terms and Conditions, you may not modify, publish, reproduce, create new works from, transmit, broadcast, redistribute, forward, display, participate in the transfer or sale of, or deliver the Content or any part of the Content in any format (including, but not limited to framing, deep linking, or embedding), absent a supplemental agreement in writing with Meteologix,
2.3 You may download, view, print, and copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain, to the extent reasonably practicable, all copyright and other notices contained therein. You may reproduce and share the Content, in whole or in part, on your noncommercial website provided that you retain, to the extent reasonably practicable, (i) identification of the creator of the Content, (ii) any resident copyright notices, (iii) a notice that refers to these Terms and Conditions, and (iv) a URL or hyperlink to the page on which the Content is available from Meteologix.
2.4 The Site may be used for lawful purposes only, and may not be used in a manner which violates or infringes the rights of Meteologix or any third party. 2.5 The Site contains links to other websites, resources, and advertisers. Meteologix is not responsible for the content or availability of these outside resources.
3. Content Disclaimers.
3.1 Meteologix may make available Content, tools, data, information, and products on the Site for your personal use. METEOLOGIX DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS AVAILABLE ON THE SITE. INTERPRETATION AND APPLICATION OF DATA RELATING TO DANGEROUS WEATHER CONDITIONS, INCLUDING STORMS, THUNDERSTORMS, AND LIGHTNING STORMS, ARE DONE SOLELY AT YOUR OWN RISK.
3.2 METEOLOGIX MAKES NO GUARANTEES, AFFIRMATIONS, EXPRESSED WARRANTIES, OR IMPLIED WARRANTIES THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS REPRESENTED OR DEPICTED BY THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY REPORTS, FORECASTS, GRAPHICS, DATA, BRIEFINGS OR INFORMATION.
3.3 METEOLOGIX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, UNAVAILABILITY, OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. METEOLOGIX WILL NOT NOTIFY YOU IF THE SOURCES OF ITS DATA FOR FORECASTS OR OTHER CONTENT BECOME UNAVAILABLE OR CHANGE.
3.4 YOU ARE ADVISED AND INFORMED THAT METEOLOGIX IS NOT RESPONSIBLE FOR GOVERNMENT ISSUED ADVISORIES, WARNINGS, WATCHES, AND OTHER COMMUNICATIONS. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
4. No warranties/Limit of Liability.
4.1 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, AND ERRORS ON THE SITE. THIS SITE AND ITS CONTENT ARE PROVIDED BY METEOLOGIX ON AN “AS IS” BASIS. METEOLOGIX AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
4.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, METEOLOGIX AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
4.3 METEOLOGIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF METEOLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF METEOLOGIX ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
4.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Meteologix and its affiliates from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to or in connection with (a) your use of the Site, (b) any Content you submit or upload to the Site, (c) your unauthorized use of the Site or content or material obtained through the Site, (d) any violation of any law or regulation by you, and (e) your breach of these Terms and Conditions. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
6. Additional Restrictions.
6.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site (“Software”). You may not sublicense, assign, or transfer any licenses granted by Meteologix, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from the Software.
6.2 Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Meteologix does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
7.1 Meteologix may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach, or assignment of these Terms of Service.
8.1 These Terms and Conditions have been made in and shall be construed and enforced in accordance with Oklahoma law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Kingfisher County, Oklahoma.
8.2 Meteologix may modify these Terms and Conditions at any time, and the new Terms and Conditions will become effective by posting the new Terms and Conditions in the same location as the previous Terms and Conditions were posted.
8.3 These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither these Terms and Conditions nor any rights or obligation hereunder may be assigned by you without the express written permission of Meteologix.
8.4 These Terms and Conditions represent the compete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
8.5 Contact Information