The weatherman.com site is (the "Site") is owned and operated by Parker Swift. Listed below are the terms and conditions of use (the "Terms") for this Site. By using, accessing and/or viewing information on the Site, you (the .Participant.) agree to be bound by these Terms. If you violate these Terms, Parker Swift has the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the Site. participant understands and agrees that its use of this Site is a benefit voluntarily given by Parker Swift and that Parker Swift may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this Site or the services and information offered herein.
PERMITTED USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms.
OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Specifically, some of Data on this Site. This website, is unique and proprietary to Parker Swift, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from Parker Swift. ANY USE OF THIS DATA SHALL ACKNOWLEDGE Weatherman.com AS THE SOURCE. Parker Swift will take appropriate legal action to protect and safeguard any unauthorized use of this Data.
COPYRIGHT. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Parker Swift's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
Parker Swift231 Madaket RoadNantucket, MA USA 02554Email:[email protected]
Parker Swift has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in paragraph 4 above.
MONITORING. Parker Swift shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Parker Swift shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of Parker Swift.
LINKS. The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by Parker Swift or by any of its third-party providers regarding the content of those other websites. Neither Parker Swift nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
ADVERTISERS/VENDORS/SERVICE PROVIDERS. The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. Parker Swift will not be responsible for the illegality of or any error in accuracy in any advertisers. or sponsors. materials. participant understands and agrees that, in order to provide for the use of this Site, Parker Swift contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.
LIMITATION OF LIABILITY. Parker Swift assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither Parker Swift nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. Parker Swift DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
INDEMNIFICATION. You agree to indemnify and to hold Parker Swift, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
VIRUSES. We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.
MODIFICATIONS/TERMINATION. Without limiting its other remedies, Parker Swift may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. Parker Swift may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. Parker Swift does not assume any obligation to notify you of changes to these terms and conditions.
GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Site are governed by the laws of the State of Massachusetts. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.
ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and Parker Swift regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of Weatherman.com.
By clicking on "Yes - I agree", you will be subscribing for the Weatherman.com No Charge Email Weather Service. As a subscriber, you will receive from Weatherman.com updates of National Weather Service forecasts and weather alerts (the "Weather Updates"). By your subscribing for the Weather Updates (the "Subscription"), you agree to the USER TERMS AND CONDITIONS detailed below.
PERMITTED USE. You may access, view and make copies of information in the Weather Updates only for your personal use. You may not publish or otherwise distribute any information in the Weather Updates for any purpose.
OWNERSHIP/TRADEMARKS. The Weather Updates, and all information contained in the Weather Updates, is the property of Weatherman.com or its third party providers. All information in the Weather Updates is proprietary to Weatherman.com or its third party providers. You do not acquire or have any ownership or other proprietary interest in any information contained in the Weather Updates. You agree that information contained in the Weather Updates is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
ACCURACY OF INFORMATION. All information in the Weather Updates is provided to you on an "as-is" basis. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN. Weatherman.com.COM DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE WEATHER UPDATES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
TRANSMISSION FAILURES. Weatherman.com will use commercially reasonable efforts to publish and transmit the Weather Updates on a continuous and timely basis. Weatherman.com is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Weather Updates; or for the failure to transmit any Weather Updates resulting from any natural disasters, wars, labor strike or other events beyond the control of Weatherman.com.com. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
LIMITATION OF LIABILITY. You acknowledge that, Weatherman.com cannot and does not assume any responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of receiving the email such as pager charges, or as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Weather Updates. You agree that Weatherman.com.com will not be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Weather Updates or any contractual or other dealings or relationships you may have with third parties based upon any information included in the Weather Updates.
INDEMNIFICATION. You agree to indemnify and to hold Weatherman.com, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of the Weather Updates, including, without limitation, any violations by you in the terms and conditions for your use of the Weather Updates.
GOVERNING LAW/JURISDICTION. This Subscription Agreement and your access to and use of information from the Weather Updates are governed by the laws of the State of Massachusetts. In the event of any dispute regarding the enforcement or interpretation of this Subscription Agreement or your compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.
ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement between you and Weatherman.com regarding your access to the Weather Updates and your reproduction and use of any information in the Weather Updates.