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Terms and Conditions of Service

IMPORTANT--READ CAREFULLY: These Terms and Conditions of Service (these "Terms and Conditions") apply to all Internet weather information, forecasts, and predictions provided via the Internet, email messages, desktop weather icon software, or otherwise, and all other services, information, and other content provided to you, other members of your household, and anyone else who might gain access through you (hereinafter referred to as "you" and "yours") by or through Weather Central, LLC (hereinafter referred to as "Weather Central," "us," and "ours"), its third party providers or its or their affiliates or representatives. All such services, information, and content, whether currently available or becoming available in the future (the "Services") will be subject to these Terms and Conditions. By accessing and using the Services, you will be deemed to have agreed to abide by these Terms and Conditions and any other written rules, restrictions, disclaimers, terms, and conditions published or provided to you in conjunction with the Services. If you are subscribing for Premium Services, you will be asked to indicate your agreement to these terms and conditions by clicking on the "Accept" button below, before proceeding with the subscription process. Clicking "Accept" will have the same legal effect as signing and delivering a written contract. Weather Central reserves the right to modify these Terms and Conditions from time to time. Any such modification will govern your use of the Services commencing with the time it is posted on our website. You should visit the "Terms and Conditions" link at the bottom of any service web page to view the most current terms and conditions.

Limited Right to Use Services

Weather Central grants you the right to access, use, and view the standard (free) Services, together with any Premium Services for which you have subscribed and agreed to pay the applicable subscription fees, on any personal computer, personal communication device, or workstation primarily used by you. You may not transfer your access privileges or disclose your password to any third party. Weather Central reserves the right to modify or terminate any of the Services at any time. You agree not to email pages, send links, download and distribute copies, upload, post, or otherwise provide access to any information or content displayed as part of the Services to any third party. You agree to restrict your use of the Services to personal, noncommercial purposes and not to use the Services to generate materials, data, or information for purposes of gaining a competitive advantage or for use in providing services or weather information to any third party. As a condition of your use of the Services, you warrant to Weather Central that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. If you violate any of these Terms and Conditions, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed materials.

Charges and Payment

You agree to pay the subscription fees for any Premium Services for which you subscribe, as indicated on the subscription page for such Services, unless and until you cancel your subscription. Weather Central reserves the right to modify the subscription fees upon notice of such modifications to ongoing subscribers from time to time, as to periods for which such fees have not yet been paid. Weather Central will not be required to refund any previously collected subscription fees for any period after you have cancelled your subscription. Weather Central reserves the right to appoint one or more third parties to provide billing and collection fulfillment services. In such case, you will be asked to enter into an agreement with such third party for payment of the subscription fees, as a condition of receiving the Services. You are responsible for all charges associated with connecting to the Services, including, without limitation, all cable or telephone access and telephone and computer equipment necessary to access the Services.

Subscriber Refund Policy

You may cancel the service at any time, and will not be billed for additional subscription periods. However, when refunds are requested for subscription periods wholly or partially completed, this policy will govern the outcome of that request.

Weather Central LLC will issue refunds only in cases where you have first contacted Weather Central in an effort to resolve a service or billing problem, but such problem(s) are not or cannot be resolved within a reasonable timeframe. At Weather Central's sole discretion, a full refund will be issued to you in such cases. Weather Central LLC cannot issue prorated refunds for partially complete subscription periods.

A free trial period has been provided, during which time you can evaluate the service and its features, provide feedback, and decide if the service is right for you. Although you are free to cancel at any time, a refund for a partially or wholly complete subscription period will not be issued to you if:

  • You neglect to cancel prior to the end of your current billing cycle or free trial period; or
  • You decide the service doesn't fit your needs, after the evaluation (free trial) period; or
  • Other circumstances outside of Weather Central's direct control.

Events Beyond Weather Central's Control/Uncertainty of Weather Predictions

Weather Central's ability to deliver the Services may be delayed, impaired, or interrupted by various events beyond Weather Central's control including, without limitation, malfunctions in data transmission, communications or equipment; failure by your Internet service provider or other third parties to transmit information; or war, riot, acts of terrorism, severe weather, or national disasters. The information and content provided as part of the Services may change very rapidly. Factors such as the speed of transmission and loading of such information on your computer equipment, the frequency with which you refresh the information, and other factors outside Weather Central's control, may delay the availability of such information. Weather information and weather predictions are by their nature of indeterminate reliability. Persons engaging in activities that could give rise to injury, death, or loss of property or profits as a result of adverse weather conditions do so at their own risk. You should consult governmental weather reports, bulletins, and advisories in planning any high risk weather-related activities.

No Automated Access Devices

You agree not to use any device or software for the purpose of logging on to the Services and/or downloading or transferring any information or content on an automated basis. Access to the site is permitted only by means of your personal web browser software.

Proprietary Rights

The contents of the Services, including any text, graphics, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Weather Central. You will not remove, alter, or obscure any copyright, trademark, and other proprietary notices displayed in conjunction with such content. Weather Central has applied for and/or obtained patents protecting certain aspects of the Services. You are not entitled to any rights under such patents, which rights can only be granted pursuant to a separate written patent license agreement. Any rights not expressly granted by these Terms and Conditions or any applicable license agreements are reserved by Weather Central.

Trademark Notice

REGARDLESS OF ANY OTHER PROVISION HEREIN, NEITHER THE TRADEMARKS OF WEATHER CENTRAL, NOR WEATHER CENTRAL'S NAME, SHALL BE USED AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICES OR ANY WEATHER INFORMATION OR CONTENT TO THE PUBLIC OR IN ANY OTHER MANNER BY YOU. THE TRADEMARKS OF WEATHER CENTRAL OR WEATHER CENTRAL'S NAME MAY NOT BE USED BY ANY PERSON EXCEPT PURSUANT TO A SEPARATE WRITTEN TRADEMARK LICENSE AGREEMENT WITH WEATHER CENTRAL.

Limited Warranty

IN THE EVENT WEATHER CENTRAL FAILS, THROUGH ITS OWN FAULT, TO PROVIDE ANY PREMIUM SERVICES FOR WHICH YOU HAVE SUBSCRIBED AND PAID A SUBSCRIPTION FEE, WEATHER CENTRAL SHALL, UPON REQUEST, REFUND THAT PORTION OF THE FEE REPRESENTING THE UNDELIVERED SERVICES. FOR PURPOSES OF THIS LIMITED WARRANTY, AN ONGOING FAILURE TO COMMENCE DELIVERY OF SERVICES 30 DAYS AFTER WE HAVE RECEIVED YOUR PAYMENT FOR SUCH SERVICES, OR THE UNAVAILABILITY OF SUCH SERVICES FOR A CONTINUOUS PERIOD IN EXCESS OF 48 HOURS, OR FOR MORE THAN 10% OF THE TIME IN ANY 30-DAY PERIOD, SHALL BE CONSIDERED A FAILURE TO PROVIDE SUCH SERVICES. WEATHER CENTRAL MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY OF THE INFORMATION OR WEATHER PREDICTIONS PROVIDED AS PART OF THE SERVICES, NOR THAT SUCH INFORMATION OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. EXCEPT FOR EXPRESS WARRANTIES STATED IN THESE TERMS AND CONDITIONS, IF ANY, THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, ARE PROVIDED "AS IS," WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WEATHER CENTRAL FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER WEATHER CENTRAL, ITS THIRD PARTY PROVIDERS, OR ITS OR THEIR AFFILIATES OR REPRESENTATIVES, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR BY THIRD PARTIES WHO ADVERTISE ON OR ARE LINKED TO OUR WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION, ADVICE, OR STATEMENT GIVEN OR MADE BY WEATHER CENTRAL OR WEATHER CENTRAL'S REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Limitation of Liability

WEATHER CENTRAL, ITS THIRD PARTY PROVIDERS, AND ITS OR THEIR AFFILIATES AND REPRESENTATIVES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEATHER CENTRAL SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT YOU HAVE PAID AS SUBSCRIPTION FEES FOR THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Accuracy and Integrity of Information

Although Weather Central attempts to ensure the integrity and accuracy of the Services, it makes no guarantees whatsoever as to the correctness or accuracy of the information and content provided as part of the Services. It is possible that the Services could include technical or typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. The nature and content of the Services may be changed or updated without notice.

Confidential and Proprietary Information/Visitor Submissions

Weather Central does not want to receive confidential or proprietary information from you through the Services or otherwise. Please note that any information or material sent to Weather Central through the Services, including e-mail and all data, images, sounds, text, and other things embodied therein, (collectively "Communications") will be deemed NOT to be confidential. By sending Weather Central any Communications, you grant Weather Central an unrestricted, irrevocable, worldwide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and you also agree that Weather Central is free to use any ideas, concepts, know-how, or techniques that you send to Weather Central for any purpose. (This provision does not apply to any subscriber payment fulfillment information provided by subscribers for Premium Services, which shall be governed by the privacy policy posted by the provider of such payment fulfillment service.)

Collection of Subscriber Information

Weather Central collects information that you provide to us directly, and also collects limited information through "cookies" that we place on your browser. Such information may be used by us for a variety of purposes, including statistical analysis, and identification of products and services that may be of interest to you. Weather Central will not knowingly share personally identifiable information about you with any third party. We do not knowingly collect information from children. Third party suppliers, partners, and advertisers may place "cookies" on your browser to collect limited information when you are browsing on the Internet.

Visitor Chat Rooms and Other Interactive Areas

Weather Central may, but is not obligated to, monitor or review any areas of the Services where visitors transmit or post Communications or communicate with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. Weather Central will not, however, have any liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Weather Central retains the right to remove, in its sole discretion, Communications that include any material deemed infringing, abusive, defamatory, obscene, or otherwise inappropriate.

Links or Pointers to Other Sites

Weather Central makes no representations whatsoever about any other Web site that you may access through the Services. When you access a non-Weather Central site, please understand that it is independent from Weather Central, and that Weather Central has no control over the content on that Web site. In addition, a hyperlink to a non-Weather Central Web site does not mean that Weather Central endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Services, you do this entirely at your own risk.

Export Control

Software and other materials from the Services 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 or data from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Weather Central does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.

Forward-Looking Statements

The Services may contain forward-looking statements regarding Weather Central's business, customers, partners, future products and services, or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those, expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. You submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Dane in the State of Wisconsin, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Weather Central and you pertaining to the subject matter hereof. In its sole discretion, Weather Central may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Services.

Legal Authority

You represent that you are 13 years of age or older, of legal age to enter into contracts, and have full authority and competency to enter into and be legally bound by these Terms and Conditions.

How to Contact Us

To report any problem with the Services, please click "Contact Us" at the bottom of any Service page.
To request a refund under our limited warranty policy described above, you can contact help@myweather.com.

Weather Central's principal offices are located at:

Weather Central, LLC
401 Charmany Drive
Suite 200
Madison, Wisconsin 53719

Your application has been received!

We will review your application within the next business day. Once your application has been approved you will receive an email from us and may begin testing out the site.