REVISED AS OF AUGUST 28, 2014
1. Information Collected by us within the Services
In order to maximize your experience and to provide you with enhanced products and services, Weather Underground may collect personally identifiable information ("PII") from you including your name, e-mail address, address, and phone number. For example, we collect PII when you become a member, sign up your weather station or webcam or weather radio, sign up for email or text alerts, sign up for our API (weather information for use on certain platforms), the Weather Desktop Gadget desktop application. Other examples of when we collect personally identifiable information are when you:
- Complete a survey
- Register for a promotion, contest or sweepstakes
- Send us an e-mail message or complete an inquiry form to receive additional information
- Submit a photo to WunderPhoto
- Report your weather conditions
- Participate in an online forum or community,
- Request tweets from us, or
- Customize the Services.
We also may collect certain information through automated means, such as:
- Specific geographic location where you are currently located
- Information about your device and device capabilities
- Information about your device operating system
- Information about the applications on your device
- Information about how you use the Services
- Your activities on the Services
- IP address
- Device identifier
- Browser Type
- Browser Identifier
- Referring URL
Chat Sessions, Blogs, and Submissions In the case of participation in a chat session, we require that you use the handle you selected when you registered. Please be aware that chat sessions are recorded and may be monitored. Any information including personally identifiable information, that you submit during a chat session, in blog comments, in community discussions, in any other user comment field, or in connection with your content submissions, including photo submissions, can be read, collected, or used by others who access them, and could be used by other users to send you unsolicited messages. We are not responsible for the information, including personally identifiable information, you choose to submit in these forums.
Content Submissions. If you upload or rate photos in WunderPhoto or blog comments, you have to be registered and logged into this feature, and you will be required to provide us with a handle and email address. If you provide us with content, including, without limitation, submissions to WunderPhoto and user comments, any metadata, including, without limitation, geo-location and tags, in that content will become publicly available.
Location Information. In certain instances in our Services, you will be able to input specific location information in order for us to bring up the weather for that location. For that Service, we will ask you to input specific location such as address, city and state. latitude and longitude, country, neighborhood name, beach location, or zip code.
To offer you certain Services, provide advertisements based on your physical geographic location, and engage in the other uses described below, on some devices we provide you the option to opt-in to allow us to use your physical geographic location using GPS, cellular network location based services on your device, or browser services. You may at any time opt-out from these geo-location services by going to the settings on your mobile device.
If you have the WunderRadio mobile application installed on your Microsoft Windows 7 device, you may also opt-out from geo-location by going to the "Settings" menu in the application and toggling location services off. Toggling location services off may also disable certain services in the application.
Alerts and notifications. In certain of our Services, you have the ability to receive push notifications for weather related updates. To provide these services, we may need to collect your email address, phone number, device information, and mobile carrier information, in addition to the zip code or geographic area to which the alert, update or notification pertains. If you no longer wish to receive these types of notifications you may opt-out by turning them off within the settings of your mobile device or the particular Service for which you registered.
2. How We Use and Share Your Information
One of the most valuable assets of our business is you. Except as described below, Weather Underground does not rent, sell or share personally identifiable information about you with other people or nonaffiliated companies.
A. Weather Underground and its Affiliates
We use information collected on the Services, and disclose information to third parties, including your physical geographic location, to help fulfill your requests or in connection with the operation of the Services, for example to service your account, conduct a transaction or provide a service that you have requested, display information and advertisements that we believe match your interests and profile, facilitate updates to the Services, provide support, notify you if you've won a contest or sweepstakes, improve the working of the Services, and compile statistics about our users and your use of the Services. We and such third parties may on occasion combine information about you with information obtained from other parties to market to you products or services that may be of interest to you. If you sign up for communications from Weather Underground, they may also contain offers from third parties.
At various points, we may provide you with the opportunity to opt in to receive special offers from Weather Underground and its affiliates. If you choose to opt in, Weather Underground and its affiliates will use your personally identifiable information to inform you of other products or services available from Weather Underground and its affiliates, including The Weather Channel, LLC, WSI Corporation and Weather Central, LP. These products may include, for example, schedules for special programs on The Weather Channel cable network or offers to purchase a calendar from The Weather Channel.
B. Companies Offering Promotions, Products, or Services
At times we will provide you with the opportunity to opt-in to receive promotions, products or services from third party sponsors. With your permission, Weather Underground will periodically send to you, via e-mail, offers and promotions from our third party sponsors which we select based upon your interests or user profile. In this case we do not share your information with the third party sponsors-we do the mailing for them. You will always have the opportunity to opt- out of receiving future offers by following the unsubscribe link included with each email. In other instances, we provide you with the opportunity to receive products and services directly from specifically identified third parties through the Services. In these instances, you must explicitly consent to receive each offer. When you explicitly agree to receive offers from specific third parties, your information is shared with the specific third party to enable them to provide you with the offer you have requested. We are not responsible for the information collection practices of these third parties, and all information provided is governed by the privacy policies of these third parties. You should review the privacy policies of these parties before supplying personally identifiable information to them.
C. Third-Party Processors
When your information is collected on the Services, it may be collected directly by or shared with a selected third parties in connection with the operation of the Services or the provision of services to you ("Third Party Processors"). These Third Party Processors may include, for example, companies that operate our online WunderStore, that process credit card information or handle shipping for Weather Underground, that deliver materials to you via e-mail or postal service, that organize, administer, process, or provide advertising services, and/ or that analyze data on our behalf to help us provide more relevant offers to you and to eliminate the delivery of duplicate offers as well as correcting and/or updating users' data based on information we provide them. We also provide your information to third party mapping service providers to provide you map content for the Services. Third party processors are authorized to use your information that we provide to them only to carry out the service they are providing for Weather Underground. We require that the third party processors securely store the personally identifiable information we provide to them and maintain it so that it can be accessed when needed for future purposes, and all such Third Party Processors are contractually bound by us to keep the personally identifiable information confidential.
D. Other Web Sites, Other Services, and Links
E. Use by us of IP Addresses, Cookies, Web Beacons, Single-pixel Gifs, and Information Saved by Other Technologies
Weather Underground and Third Party Processors acting on our behalf use various Internet technologies which help us to manage the operations of our Services and track usage behavior so that we can tailor information and advertisements to make your visits more enjoyable and meaningful. These Internet technologies include:
- IP Addresses: numbers assigned to individual computers which accompany every packet of information across the Internet.
- Cookies: small electronic files transferred from our services to your electronic device.
- Beacons and single-pixel Gifs: electronic tags.
- HTML5 LocalStorage: storage within your browser on your electronic device.
Information that Weather Underground collects via the technologies described in this section may be linked to other information about you. Weather Underground uses the technologies described in this section, alone or in combination, to provide and administer our services, understand user behavior, manage services operations, measure the effectiveness of advertisements and our service operations, target advertising, help diagnose problems, recognize repeat visitors, track and analyze usage behavior, facilitate your access to and use of our services, serve, target, control, and measure advertisements on our Services, count users who have visited certain areas of our Services we wish to track, and help determine the effectiveness of advertising campaigns on our services. In addition, we may share demographic information, location data, IP address, aggregate (not individual) usage statistics for our Services, other identifiers and information with advertisers and other third parties. For example, we may share IP address, random or anonymous device identifier, city and state, ZIP code, and specific geo-location with the parties identified in subparagraph F below.
Your browser may allow you to manage your cookies and HTLM5 LocalStorage. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies and HTML5 LocalStorage. If you turn Cookies or HTML5 Local Storage off, however, you won't have access to many of the features which make your experience more efficient and some of our Services will not function properly.
Weather Underground contracts with certain Third Party Processors to track, analyze and report data about the usage of our Services using these Internet technologies. These Third Party Processors include Google Analytics, Paypal, and Omniture.
- DoubleClick: http://doubleclick.net/privacy_pilocy
- Nielsen: http://www.nielsen-netratings.com/privacy/sitecensus.htm
- Quantcast: https://www.quantcast.com/how-we-do-it/consumer-choice/privacy-policy/
- Flurry: http://www.flurry.com/privacy-policy.html
- Google Analytics: http://www.google.com/analytics/learn/privacy.html
- Omniture: http://www.omniture.com/static/61
- comScore and its affiliate, Scorecard Research: http://www.scorecardresearch.com/privacy.aspx
- Lotame: http://www.lotame.com/opt-out-preference-manager
- and http://www.aboutads.info/choices
These opt-outs are device specific and may not work on all devices. You should be aware that if you choose to opt out through any of these sites, this does not opt you out of being served advertising. The ads will just not be targeted to you by any party from which you have opted out.
You can also opt out of future information collection from our Services by ceasing use of the Service or in the case of an application, uninstalling the application.
G. Purchase or Sale of Businesses
Weather Underground continually looks for ways to improve our business, including purchasing or selling all or part of a business or company. If we buy or sell a business, personally identifiable information and non-personal information will likely be transferred as part of the sale. If we buy a business, we will honor the requests of that business' former customers regarding their personally identifiable information. If in connection with a sale there will be material changes to the way personally identifiable information is being used, affected consumers who have provided us with an email address will be notified via e-mail, if you have provided us an email address, and will be given the opportunity to opt-out.
H. Other Limitations on Privacy
We may provide personally identifiable information without your permission (i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise to comply with law; (ii) where The Weather Underground believes the rights, property or an individual's safety or security is at risk; iii) if we find that your actions violate our Terms and Conditions of Use; or iv) where otherwise required by law.
3. E-mail a Friend
If you choose to use our service that allows you to e-mail parts of our Services to a friend, in most circumstances we need to have access to your and your friend's e- mail addresses temporarily to send the e-mail due to technical requirements. This information is not used for any other purpose.
4. Mobile Device Contacts
Some mobile products allow you to view weather conditions for people in your phone's contact list. If you agree to use this feature, your contact list will be accessed in order for us to provide weather information for your contacts who already have their address, city, state, or zip code available. We do not store this information or use it for any other purpose.
5. Opting-Out, Corrections and Cancellations
If you receive an offer or promotion from Weather Underground or a third party related to Weather Underground, you must have opted in. To ensure we have your consent, we make sure that each e-mail sent to you by Weather Underground presents the additional opportunity to opt-out of receiving future e-mails.
If you have registered with us and have obtained a password, you may reset your password, update your personally identifiable information, correct information, make changes to your preferences, unsubscribe to any e-mail subscriptions or opt-out of certain services, by accessing your profile online at the member settings page or within the settings of a particular application or you may contact us directly at firstname.lastname@example.org.
6. Data Retention of Account Information
If you wish to cancel your account or request that we delete or no longer use your account information to provide you Services, contact us at email@example.com. Subject to applicable law, we will retain and use your account information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
7. Children's Privacy
Weather Underground is committed to protecting the safety and privacy of young people using the Internet. We do not knowingly collect personally identifiable information from children under the age of 13 and believe that children should get their parents' or guardians' consent before giving out any personally identifiable information.
The Services may contain links to third party Web sites and other services geared to children. The linked sites and services are not under the control of Weather Underground. We are not responsible for the contents of any linked site or service or any link contained in a linked site or service, nor are we responsible for the privacy practices of the operators of those sites or services with respect to children. We strongly encourage parents and guardians to review the privacy policies of all linked sites and services.
8. International Transfer
Weather Underground, and all associated Services and systems, including registration, is housed on servers operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that information we collect (including cookies) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen. By using our Services and providing information to use, you consent to the transfer to and processing of the information in the United States.
9. Our Commitment to Security
Keeping the information you provide to Weather Underground secure is important to us. We have put in place appropriate physical, electronic and managerial procedures designed to protect and safeguard your data. Of course, although Weather Underground uses standard industry practices to protect your personally identifiable information, we cannot guarantee that your communications with the Services will never be unlawfully intercepted, or that your personally identifiable information will never be unlawfully accessed by third parties.
Terms and Conditions of Use
The Wunderground.com site is (the "Site") is owned and operated by The Weather Underground, Inc. ("WUI"). 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, WUI 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 WUI and that WUI 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 and in the Photo Gallery Agreement (where applicable).
- 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, including all data derived from the .Personal Weather Station. Network, is unique and proprietary to WUI, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from WUI. ANY USE OF THIS DATA SHALL ACKNOWLEDGE Wunderground.com AND/OR THE WEATHER EXCHANGE AS THE SOURCE. WUI 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 WUI's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WUI to locate the material;
- Information reasonably sufficient to permit WUI to contact you;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
P.O. Box 724554
Atlanta, GA 31139
This contact information is only for reporting copyright infringement under United States law. Contact information for other jurisdictions or other matters is provided below or elsewhere on this site.
WUI 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. WUI 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, WUI 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 WUI.
- 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 WUI or by any of its third-party providers regarding the content of those other websites. Neither WUI 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.
- BLOGS/DISCUSSIONS. .Blogs,. or web logs, are a place for individuals to share their interest in weather and the world outdoors with other users of the Weather Underground. Areas of the Site including the .Wunder Blog Directory. allow for public discussion of weather-related ideas, facts and opinions. WUI is not an editor or publisher of the information, advice, ideas, statements, offers, sources or opinions (collectively, the .Shared Information.) supplied by third parties and users of the Site and does not have editorial control over such Shared Information. Any Shared Information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of WUI, its employees, agents, representatives or affiliates. WUI does not monitor the content of all the Shared Information twenty-four hours a day and, therefore, does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than WUI.s authorized employees and representatives while acting within the scope of their official capacities. You may post information that is appropriate for general readership. You may not post information that is objectionable, inappropriate or offensive for general readership. WUI is not 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. You may not use the Site and/or the discussion forums to advertise or sell a product or service, or to advertise or direct activity to other websites. You may not use the Site for any commercial purpose without the prior written approval of WUI. WUI shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site including any material that WUI, in its sole discretion, finds to be objectionable or inappropriate in any way.
- 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. WUI 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, WUI 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. WUI 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 WUI 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. WUI 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:
- Upload, post, email, transmit or otherwise make available any Data or content on the Site as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its Data;
- Use this Site or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another.s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Upload, post, email, transmit, link to or otherwise make available any information on the Site that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
- Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- By providing Data or material, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to WUI's policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by WUI for any purposes it deems appropriate including commercial gain. By submitting information to WUI, you automatically grant, or warrant that the owner of such material has expressly granted WUI a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of the Site to access, view, download or reproduce the material for any use permitted by the Site. You grant WUI the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.
No Charge Subscriber Agreement
By clicking on "Yes - I agree", you will be subscribing for the Weather Underground No Charge Email Weather Service. As a subscriber, you will receive from Weather Underground 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 SUBSCRIPTION TERMS and USER TERMS AND CONDITIONS detailed below.
- NO SUBSCRIPTION FEES. Your Subscription is included at no cost to you. In accepting the Subscription, you acknowledge that you will receive paid advertising as part of the Weather Updates, as it is the revenues from that advertsing that enables Weather Underground to provide the Weather Updates at no cost to you.
- SUBSCRIPTION TERM. Your Subscription will begin on the date that you click "I agree". You will have the right by notice to Weather Underground to terminate the Subscrption at any time and for any reason. Weather Underground will have the right by notice to you to terminate the Subscrption at any time and for any reason.
- NOTICES. Any notices from Wunderground.com to you will be to the e-mail address from which you sent your "I agree" to sign up for the Subscription. Any notice from you to Weather Underground will be sent to firstname.lastname@example.org.
USER TERMS AND CONDITIONS
- 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 Weather Underground orits third party providers. All information in the Weather Updates is proprietary to Weather Underground 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.
- ACCURANCY 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. WUNDERGROUND.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. Weather Underground will use commercially reasonable efforts to publish and transmit the Weather Updates on a continuous and timely basis. Weather Underground 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 Wunderground.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, Weather Underground 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 Wunderground.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 Weather Underground, 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 Michigan. 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 Washtenaw County, Michigan.
- ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement between you and Weather Underground regarding your access to the Weather Updates and your reproduction and use of any information in the Weather Updates.
If you connect to Wunderground Data Feed, you will be able to pull and to decode weather related data from the non-public website of Weather Underground, Inc. ("WUI").
In addition, because of the special features of Wunderground Data Feed, by accessing and viewing information from Wunderground Data Feed you agree to be bound by these special terms: (1) you will not modify the data from Wunderground Data Feed in any way; (2) you will not modify the link structure to Wunderground Data Feed; (3) you will not modify WUI's logo that is included in the data; and (4) in all uses of the data, you will credit WUI by name as the source of the data.
As with all data that you access from the Site, the data that you pull from Wunderground Data Feed may only be used by you for personal, non-commercial purposes. If you want to use that data for commercial purposes, contact us through the Site and we will supply you with rate information for commercial customers.
If you violate any of the general or specific terms applicable to Wunderground Data Feed, WUI has the right to terminate your use of the Site and the Data Feed and to take appropriate legal actions against you.
WUI reserves the right to change these general or special terms at any time by posting on the Site. You understand and agree that your use of the Site and Wunderground Data Feed is a benefit voluntarily given by WUI and that WUI may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to these general and special terms, you cannot use Wunderground Data Feed or the services and information offered therein.The Weather Underground, LLC
P.O. Box 724554
Atlanta, GA 31139