David St. John
posted this on December 20, 2012 15:02
This schedule, Terms and Conditions of Use and Membership – WeatherFlow, WindAlert, iWindsurf, iKitesurf, SailFlow, FishWeather, DataScope, WindX (“TERMS AND CONDITIONS” or “Terms and Conditions”), contains the general rules applicable to the use of any and all WeatherFlow Inc. products including the wireless web, smartphone apps, the voice service, the internet websites WeatherFlow.com, iKitesurf.com, windAlert.com, iWindsurf.com, SailFlow.com, Fishweather.com and/or any and all other products of any kind of WeatherFlow Inc. (DBA WeatherFlow, WindAlert, iWindsurf, windAlert, windAlert.com, iWindsurf.com, iKitesurf, iKitesurf.com, SailFlow, SailFlow.com, FishWeather, FishWeather.com, DataScope, DataCenter, WindX).
1. ACCEPTANCE OF TERMS By using any WeatherFlow product, and/or by applying for or receiving membership services (“Service”) from WeatherFlow, User acknowledges that User is bound by the terms and conditions set forth herein. WeatherFlow may change the Terms and Conditions set forth below at any time. If User finds any material changes unacceptable, User shall have the right to cancel User's membership to their WeatherFlow Service without liability. If User has not notified WeatherFlow of an election to cancel User's membership prior to the date any changes that are scheduled to take effect, User will be deemed to have accepted and agreed to the changes and will be bound thereto. ADDITIONAL TERMS. When using particular WeatherFlow services, User shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
FEATURES AND NEW FEATURES. WeatherFlow provides users with access to a rich collection of online resources, including various communication tools, online forums, wind information, forecasts, and personalized content through its network of properties (“the Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WeatherFlow products or properties, shall be incorporated into and subject to these Terms and Conditions. You understand and agree that the Service is provided “AS-IS” and that WeatherFlow assumes no responsibility for the timeliness, deletion, or mis-delivery of wind information, forecast information, event information, third party information, or any other information. WeatherFlow also assumes no responsibility for the timeliness, deletion, or mis-delivery, or failure to store any user communications, event information, third party information, or User personalization settings, or any other information.
2. AVAILABILITY OF SERVICES IN GENERAL WeatherFlow makes no warranty as to coverage availability or grade of Membership Service. Smartphone and Wireless Web services in particular are generally available when within range of communication towers located in WeatherFlow’s service area subject to the limitations set forth herein. Other products and forms of membership, such as the internet services, and the voice membership services, are also subject to third party network availability and limitations beyond the control of WeatherFlow. Membership service may be temporarily interrupted because of system capacity limitations that do or do not have any relation to systems under the control of WeatherFlow. Membership Service may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper or improved operation of the Service. These changes may be made by WeatherFlow or by totally unrelated third party entities either inside or outside of WeatherFlow’s control. Membership Service is also subject to transmission limitations caused by atmospheric, structural, geographic and like conditions beyond WeatherFlow’s control, which User acknowledges.
3. SUBSCRIBER AGREEMENT BETWEEN USER AND WEATHERFLOW GOVERNS SPECIFICS OF USER'S ACCOUNT TO THE EXTENT NOT ADDRESSED HEREIN In addition to and to the extent not inconsistent with the Terms and Conditions set forth herein, User's use of Service provided by WeatherFlow is subject to individual agreement between User and WeatherFlow (referred to herein as "Membership Agreement"). The Membership Agreement may be written or oral or a combination of the two and will be evidenced by the particular rate plan, promotion, sign-up screens, and elected choices and features as evidenced and indicated on User's WeatherFlow account(s). User's Membership Agreement will govern the specifics of User's account including but not limited to activation fee, contract term, monthly membership fee, rates, features, elected options, items included in these Terms and Conditions. User should note that contracts for the provision of Service by WeatherFlow are sometimes for a definite term, and sometimes for an indefinite term, and cancellation of any Membership Agreement prior to the agreed upon term may result in an early termination fee. At times, a deposit is taken (example: Refundable Pager Deposit) which cannot be returned to User until User returns borrowed hardware to WeatherFlow.
4A. ACTIVATION, BILLING, CREDIT/DEBIT CARDS, ALTERNATIVE BILLING, AND EARLY TERMINATION FEES ACTIVATION: WeatherFlow may activate any new User upon receipt of necessary member information without requiring a written Service request form.
BILLING: For all membership plans, User will be billed in advance of the months/year for which User receives Service. Members can be billed annually or monthly. In the event User's account is activated for a period of time which includes a fractional portion of a billing period (such as a month, for example), the User will still be charged for the entire billing period. The minimum contract period on month-to-month memberships is one month at a time. The minimum contract length on annual memberships is one year, and annual membership dues are non-refundable.
EARLY TERMINATION: If you terminate your membership prior to the completion of the minimum contract length, you will be liable to pay an Early Termination Fee. Specific information on the Early Termination Fee is available on WeatherFlow’s relevant internet websites, in the MEMBERSHIP section.
CREDIT/DEBIT CARDS: Generally WeatherFlow requires a valid credit card to maintain paid membership Service. User’s credit/debit card will be automatically charged at the time of billing.
RENEWABLE MEMBERSHIP: All WeatherFlow memberships are automatically renewable. Memberships automatically renew at current WeatherFlow membership rates upon the end of each term, unless WeatherFlow is notified to cancel at 800-946-3225, or by User using our Contact Us feature on the website before the end of the member term. WeatherFlow will provide written notice via email prior to automatic renewal though we cannot guarantee receipt of said message by User (see “Obligations of User” below).
RENEWABLE 12 PAYMENT ANNUAL PLAN MEMBERSHIP: Members choosing the 12 Payment Annual Plan enter into a one-year contract. Membership renews at the start of the next year of membership and another 12 month commitment commences (unless User terminates the membership).
MEMBERSHIP SPECIFIC BILLING INFORMATION: Annual Membership Plans -- Annual Membership fees are Pre-Paid once per year and are renewed automatically unless you contact us to terminate prior to the renewal date. To terminate, you must call us at 800-946-3225 or contact us through the website Contact Us feature. Annual Plan membership fees are not refundable. Monthly Membership Plans – Monthly memberships are billed monthly. Memberships are renewed automatically unless you contact us to terminate prior to the renewal date. To terminate, you must call us at 800-946-3225 or contact us via the website Contact Us feature.
RENEWABLE 12 PAYMENT ANNUAL PLAN MEMBERSHIP: Additional information regarding renewable 12 Payment Annual Plan membership: members choosing the 12 Payment Annual Plan enter into a one year contract. Membership renews at the start of the next year of membership and another 12 month commitment commences (unless User terminates the membership).
WIRELESS WEB SERVICE. If WeatherFlow permanently discontinues or is otherwise permanently unable to provide Wireless Web Service in User’s geographical region and User is a Wireless Web Member then User will be automatically converted to Pro (Web) Membership. Membership will thereafter be renewed at the then current rate for the Pro Membership program unless said Membership is converted to an alternate membership plan or membership is cancelled by the User prior to the renewal date.
CREDITS AND REFUNDS. Certain applicable Pre-Paid Annual members affected by permanent service discontinuation may request credit or refunds toward future service by contacting WeatherFlow at 800-946-3225 or via the website Contact Us feature. The amount of credit or refund will be determined based on the following formula:
Annual Fee – (Renewal Date – Discontinue Date)*(Month to Month Rate) = Credit
“Annual Fee” is the Pre-paid annual fee paid by User. “Renewal Date – Discontinue Date” is the number of months (rounded) that the User received service prior to discontinuation. “Month to Month Rate” is the rate for the applicable membership plan as of the most recent renewal date for service with no annual commitment. AS long as Pro Membership continues “Credit” is the amount of credit to be posted to the Members account and subtracted from future billings. In the case of discontinued Pro service “Credit” is the amount eligible to be refunded to User. Only if User has received less than six months of service is User eligible for credit or refund since WeatherFlow pricing plans reflect the seasonal nature of most members use (the above formula yields a negative credit when no credit applies). Pre-paid Annual plans assume approximately six months of limited use or non-use and are priced accordingly.
5. TAXES AND SURCHARGES User acknowledges that many governmental bodies can and do impose taxes on the use of the Service. In addition, User acknowledges that the providers of the Service are subject to various governmental regulatory mandates, compliance with which can and does result in surcharges to User. User acknowledges that User is responsible for all such taxes and surcharges in addition to and on top of any other charges described herein. Taxes and surcharges will be clearly marked as separate items on any bill sent to User.
6. SPECIAL FEATURE CHARGES User acknowledges that many governmental bodies can and do impose taxes on the use of the Service. In addition, User acknowledges that the providers of the Service are subject to various governmental regulatory mandates, compliance with which can and does result in surcharges to User. User acknowledges that User is responsible for all such taxes and surcharges in addition to and on top of any other charges described herein. Taxes and surcharges will be clearly marked as separate items on any bill sent to User.
7. FINANCIAL RESPONSIBILITY Failure to pay may result in adverse credit action. User's failure to pay any fees or charges, may result in the submission of a negative report to a credit-reporting agency that will reflect adversely on User's credit history.
PAST DUE ACCOUNTS. When a customer's account is past due and a balance exists which needs to be paid, the customer is liable to pay the amount due as soon as possible. Service may not be available during the period when the customer’s account is not paid in full. The customer is responsible for keeping their credit card number up to date with WeatherFlow's records. If a credit card number cannot be charged by WeatherFlow’s system, a billing alert will appear on the customers account. Upon logging in to Service, the customer will be presented with an opportunity to enter their valid credit card information. WeatherFlow reserves the right to regularly remind customers with past due accounts that their accounts are past due and must be paid. WeatherFlow reserves the right to pursue all available means of collecting on past due accounts. WeatherFlow reserves the right to charge generally accepted business levels of interest on past due accounts.
8. TEMPORARY AND PERMANENT SUSPENSION OF SERVICE TO USER In addition to the general limitations on the availability of Service, WeatherFlow may temporarily or permanently suspend the furnishing of Service to a User without notice for the reasons set forth here: a) Non-payment of any sum owed to WeatherFlow by its due date; b) Violation of any term or condition set forth herein. If User violates any of the terms and conditions governing the furnishing of Service as set forth herein, WeatherFlow may, without further notice and without incurring any liability therefore, temporarily suspend Service to User; c) Inaccurate or fraudulent information; WeatherFlow reserves the right to verify the accuracy of information provided by User at any time. User has an ongoing responsibility to maintain the accuracy of User's personal information necessary to administer User's account. If any information provided by User to WeatherFlow is inaccurate, inconsistent, or otherwise fraudulent, WeatherFlow may, without further notice and without incurring any liability therefore, temporarily suspend Service to User; d) Use of Service in manner that will adversely affect WeatherFlow's Service to others. If User uses the Service provided by WeatherFlow in any manner that will adversely affect WeatherFlow's Service or ability to provide Service to others, WeatherFlow may, without further notice and without incurring any liability therefore, temporarily suspend Service to User; e) For any reason whatsoever, provided that if membership is terminated, applicable refunds shall be made available.
9. REPRODUCTION OF WEATHERFLOW DATA REPRODUCTION OF WEATHERFLOW DATA: Any reproduction, republishing, or reformatting of WeatherFlow data from any source in any format (including but not limited to raw data, email, internet, world wide web, smartphone, voice and wireless web formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law.
10. LIMITATION OF LIABILITY WeatherFlow's liability to User for interruption(s), suspension, and/or deactivation of Service furnished by WeatherFlow is as set forth below:
* a) Credit allowance for suspension, deactivation, or interruption(s) of service attributable to WeatherFlow. WeatherFlow's sole liability to User for any suspension, deactivation, or interruption of Service attributable to WeatherFlow or its equipment shall be a credit allowance made in the form of a pro rata adjustment of the fixed monthly or annual charges billed by WeatherFlow; provided, however, that WeatherFlow is under no obligation to give a credit allowance for interruption(s) of Service lasting less than 24 continuous hours. Thus, a reasonableness standard does apply. No liability other than this Service credit allowance shall attach to WeatherFlow for interruption(s) in Service attributable to WeatherFlow; * b) Service not warranted for any particular purpose. WeatherFlow makes no warranty, expressed or implied including and without limitation, a warranty of merchantability, or a warranty of fitness for a particular purpose. WeatherFlow shall not be liable for any special, incidental, or consequential damages of any nature or for any reason either before, during, or after the activation of Service by WeatherFlow; * c) No liability for acts, omissions, or interruption of Service not attributable to WeatherFlow. WeatherFlow is not liable for and shall make no credit allowance for any interruption of Service caused by the negligence or willful act of User, any failure of equipment not warranted by WeatherFlow (such as failure of equipment or facilities of a third party such as a cellphone provider, a communications tower provider, a telephone provider, a power company, or other public or private utility or provider), any action attributable to any third party private or public entity, nor any act, failure or omission not attributable to WeatherFlow or WeatherFlow's equipment; * d) Other factors beyond WeatherFlow's control. WeatherFlow shall in no event be liable for any interruption, delay, error, defect, or failure in transmission when such is caused by acts of God, fire, war, riots, actions of government authorities, or other causes beyond WeatherFlow's exclusive control; * e) Limitation on liability for gross negligence. In the event an error or omission is caused by the gross negligence of WeatherFlow, the liability of WeatherFlow shall be limited to and shall in no event exceed the sum of $10,000.00; * f) User's Use of Service and indemnification of WeatherFlow for claims arising out of User's Use of Services. User shall not use a WeatherFlow Service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to call another person so frequently or at such times of day or in any other manner so as to annoy, abuse, threaten, or harass; nor in any other manner shall a person use any WeatherFlow Service to harm or annoy in any way, another person; * g) User shall not use any WeatherFlow Service for any purpose in violation of law. User shall not use any WeatherFlow Service in a manner so as to interfere with the use of Service by one or more other Members (or to interfere with any person, place, or thing, regardless of whether that person, place, or thing is a member of a WeatherFlow service), or to interfere with WeatherFlow's ability to provide Service to others. User shall indemnify and hold WeatherFlow harmless against all claims for libel, slander, or infringement of copyright arising from material transmitted by WeatherFlow or to User over WeatherFlow's facilities; User shall further indemnify and hold WeatherFlow harmless against claims for infringement of patents arising from the use of or the combination of the use of facilities or products of WeatherFlow alone or along with the use of any apparatus or systems of the User; and the User shall indemnify and hold WeatherFlow harmless against all other claims arising out of any act or omission by User in connection with User's use of the Service or facilities provided by WeatherFlow; * h) No liability for damage to User's vehicle or other property. WeatherFlow is not liable for any defacement or damage to any User or third party vehicle or other personal or real property resulting from the existence of a Wind Pager or a PDA, telephone, computer, device of any kind, or cellular telephone in any vehicle or in or on any other User property; Users use cellphone, PDA, Wind Pager, telephone, device, and computer facilities at his or her own risk. (WeatherFlow encourages its Users to please act responsibly.) * i) No liability for acting on verbal requests relating to User's account. WeatherFlow is not liable in any manner for acting on a verbal request to activate, change, suspend, or deactivate Service.
11. USE OF WEATHERFLOW DATA REPRODUCTION OF WEATHERFLOW DATA: Any reproduction, republishing, or reformatting of WeatherFlow data from any source in any format is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law. USE OF WEATHERFLOW DATA. All WeatherFlow content, including real-time wind data and forecasts, and all other content, is legally copyrighted. Any unauthorized use of WeatherFlow’s copyrighted content is illegal. It is illegal and in violation of copyright laws to republish WeatherFlow’s data in any manner absent distinct and current written agreement entered into by WeatherFlow authorizing the specific and current use of data. This applies whether the data is used solely for personal use, for not-for-profit use, for for-profit use, or for any use whatsoever. Absent distinct and current written agreement, republishing or representing data obtained from any WeatherFlow source on the internet or in any other manner is strictly prohibited. This applies to all users of any kind. This applies to the republishing or representing of data obtained from any WeatherFlow source whether or not the republished or represented data itself is identified as derived from a WeatherFlow source. All uses not complying with the aforementioned provisions are unauthorized and illegal. Legal action will be pursued if necessary. LINKS TO WEATHERFLOW WEBSITES, INCLUDING IWINDSURF.COM AND WINDALERT.COM AND IKITESURF.COM AND SAILFLOW.COM AND WEATHERFLOW.COM. Any linking to any of our websites within “frames” or any similar methodology is unauthorized. All references or web links to WeatherFlow data must direct the web browser completely on to WeatherFlow.com or directly onto other WeatherFlow websites, such as iWindsurf.com and windAlert.com and iKitesurf.com and Sailflow.com, and must in no way incorporate or republish WeatherFlow data onto any other website or information source.
12. PHOTOS All photos submitted to WeatherFlow are submitted with the understanding that WeatherFlow gains the right to use the image on the internet, on any of WeatherFlow’s websites, as well as for informational or advertising/marketing or promotional materials of any kind. By submitting a photo to WeatherFlow, you hereby grant WeatherFlow the non-exclusive royalty-free irrevocable rights, in its sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the image(s) (in whole or in part) and to incorporate the image(s) in other works in all any and all markets and media, whether now known or hereafter developed, throughout the universe into perpetuity. You hereby grant any other user of the site to access, view, store, or reproduce the image(s) for that user's personal use; you waive your rights to attribution, integrity, or any other legal or moral right in the image(s) in connection with its (their) use by WeatherFlow; you agree to allow use of your name in WeatherFlow publicity or advertising without compensation.
13. WIND ALERTS The Wind Alert feature is to be used by the paying User for the paying User. Sending Wind Alerts to another individual or entity or group of individuals or entities is not authorized. WeatherFlow reserves the right to discontinue the Wind Alert feature in relation to any number of specific users in the case of abuse. REPRODUCTION OF WEATHERFLOW DATA. Any reproduction, republishing, or reformatting of WeatherFlow data from any source (including but not limited to iWindsurf.com, windAlert.com, Sailflow.com, WeatherFlow.com, iKitesurf.com) in any format (including but not limited to raw data, email, internet, world wide web, voice and wireless web formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law.
14. FORECASTS AND WIND DATA No warranty is given concerning the accuracy, timeliness, or completeness of the forecasts or wind data provided by WeatherFlow. The User assumes the entire risk related to forecasts and wind data provided by WeatherFlow. The forecasters, windAlert, iWindsurf, iKitesurf, Sailflow, and WeatherFlow, their employees, and their consultants provide this data “as is”, and disclaim any and all warranties, whether express or implied, including without limitation any implied warranties as to the fitness for a particular purpose. In no event will the forecasters, WeatherFlow, windAlert, iWindsurf, Sailflow, iKitesurf, and/or their employees or consultants be liable to any third party for any direct, indirect, incidental, consequential, special, or exemplary damages, injury, death, property loss, or lost profit resulting from any use or misuse of any type of forecast information and/or wind-related information of any kind provided by WeatherFlow, it’s instruments, or it’s employees or consultants. Windsurfing, sailing, kiteboarding, kiting, kitesurfing, yachting, sailboarding, boardsailing, snow kiting, or any other type of activity on land or on water or in the air, can be dangerous. Upon receiving any suggestion by WeatherFlow to engage in any activity, the User holds WeatherFlow harmless against any claims of any kind of personal harm, or financial harm, or property damage related to any such activity and/or related to choosing to engage in actions based on recommendations or suggestions made by WeatherFlow forecasts or information on the internet or through any other communications (such as in-person, email, or telephone communications with WeatherFlow employees, contractors, or agents). Nautical Charts have reduced resolution and should not be used for Navigational Purposes. They are provided as a means of reference. WeatherFlow disclaims any liability related to activities engaged in by Users.
15. YOUR OBLIGATIONS AS USER You agree to keep your email address current with WeatherFlow. Email will be WeatherFlow’s primary means of contacting you. You can update your email address at any time by going to your myWeather (myiW) page or My Account page on windAlert.com or iWindsurf.com or iKitesurf.com or Sailflow.com or other applicable WeatherFlow website, and clicking on “Change Email Address”. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration forms, and by any and all written or oral communications between yourself and WeatherFlow staff and consultants, and; (b) maintain and promptly inform WeatherFlow of changes to your email address (most importantly), as well as your home phone number, work phone number, cell phone number, shipping address, credit card number and it’s expiration date, and all other information provided to WeatherFlow, in order to keep your account true, complete, accurate, and ongoing. Announcements, billing notices, and communications of any type that are missed due to out-of-date information within a member’s account will be the responsibility of the member, not of WeatherFlow.
16. MEMBER ACCOUNT, PASSWORD, AND SECURITY You agree that the information that you receive from WeatherFlow will be used for your own personal use only. WeatherFlow’s usage policy is that WeatherFlow’s data can be used for the User’s own personal use only. A User will receive a username and a password relating to account designation upon completing the Service’s registration process. The username and password are intended for the sole member’s use only, for one person’s use only. The member is the only person authorized to use the username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under account. You agree to: (a) immediately notify WeatherFlow of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account and LOG OFF at the end of each session. WeatherFlow cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. WeatherFlow reserves the right to change a member’s website username and/or password if duplicate logins occur. Be sure to log off after each session.
17. MEMBER CONDUCT You understand that all information, data, text, photographs, graphics, ideas, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not windAlert, iWindsurf, iKitesurf, or WeatherFlow, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will WeatherFlow be liable in any way for any Content, including, but not limited to, any statements made by anyone as appearing on any WeatherFlow website, any errors or omissions in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service or any WeatherFlow product, website, or instrument to:
* a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; * b. harm minors in any way; * c. impersonate any person or entity, including but not limited to, a WeatherFlow official, forum leader or moderator, host, employee, contractor, consultant, or affiliate; or falsely state or otherwise misrepresent your affiliation with a person or entity of any kind; * d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); * e. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as the BUY/SELL section) that are designated for such purpose and then also all such communications also must comply with these Terms and Conditions at all times; * f. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, of programs designed to interrupt, destroy, or limit the functionality in any way of any computer software or hardware or telecommunications equipment in the universe; * g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of internet websites, communications devices, or networks connected to the Service; * h. intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange of the NASDAQ, and any regulations having the force of law; * i. “stalk” or otherwise harass another person or thing; or * j. collect or store personal data about other users
You acknowledge that WeatherFlow cannot be held responsible to pre-screen all Content, but that WeatherFlow and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, WeatherFlow and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WeatherFlow or submitted to WeatherFlow or transmitted through WeatherFlow facilities or equipment or Service.
You acknowledge and agree with WeatherFlow may preserve Content and may also disclose Content if required to do so by law, or in the good faith belief that such preservation or disclosure may be reasonably necessary to: (a) comply with legal process(es); (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WeatherFlow, its users and the public.
You understand that the technical processing and transmission of the Service, including wind information, forecasts, and Content, may involve (a) transmissions over various networks and communications facilities; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
* k. WeatherFlow, windAlert, iWindsurf, iKitesurf, it’s employees, agents, and consultants reserve the right to refuse service to anyone. WeatherFlow reserves the right to end any membership at any time when WeatherFlow considers this action to be necessary and appropriate. Appropriate refunds would be made available. The election by WeatherFlow to end a membership relationship may or may not be related to member conduct and actions. At all times the user acknowledges that WeatherFlow reserves the right to refuse and/or end service to anyone at any time, including User. * l. REPRODUCTION OF WEATHERFLOW DATA. Any reproduction, republishing, or reformatting of WeatherFlow data from any source (including but not limited to windAlert.com, iWindsurf.com, WeatherFlow.com, iKitesurf.com) in any format (including but not limited to raw data, email, internet, world wide web, voice and wireless web formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law.
18. PUBLIC CONTENT POSTED TO WEATHERFLOW With respect to Content you elect to post for inclusion in publicly accessible areas of WeatherFlow, you grant WeatherFlow the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish such Content on the Service or other instrumentalities of WeatherFlow for any business purpose of WeatherFlow or its employees or contractors. This license exists and is in effect.
19. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial or non-commercial purpose, any portion of the Service, use of the Service, or access to the Service. REPRODUCTION OF WEATHERFLOW DATA. Any reproduction, republishing, or reformatting of WeatherFlow data from any source (including but not limited to windAlert.com, iWindsurf.com, Sailflow.com, WeatherFlow.com, iKitesurf.com) in any format (including but not limited to raw data, email, internet, world wide web, voice and wireless web formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law.
20. MODIFICATIONS TO SERVICE WeatherFlow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WeatherFlow shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
21. TERMINATION BY WEATHERFLOW You acknowledge that WeatherFlow, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use of the Service by the User, or if WeatherFlow believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. WeatherFlow may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice, and you acknowledge and agree that WeatherFlow may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WeatherFlow shall not be liable to you or any third-party for any termination of your access to the Service. REPRODUCTION OF WEATHERFLOW DATA. Any reproduction, republishing, or reformatting of WeatherFlow data from any source (including but not limited to windAlert.com, iWindsurf.com, Sailflow.com, WeatherFlow.com, iKitesurf.com) in any format (including but not limited to raw data, email, internet, world wide web, voice and wireless web formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law.
22. DEALINGS WITH ADVERTISERS Your correspondence of business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that WeatherFlow shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service, including but not limited to the internet and wireless web websites known as windAlert.com, iWindsurf.com, Sailflow.com, iKitesurf.com, and/or WeatherFlow.com.
23. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WeatherFlow has no control over such sites and resources, you acknowledge and agree that WeatherFlow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WeatherFlow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such Content, goods, or services available on or through any such site or resource.
24. WEATHERFLOW’S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property laws and all other applicable laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by WeatherFlow or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Software, in whole or in part. REPRODUCTION OF WEATHERFLOW DATA. Any reproduction, republishing, or reformatting of WeatherFlow data from any source (including but not limited to windAlert.com, iWindsurf.com, Saiflow.com, WeatherFlow.com, iKitesurf.com) in any format (including but not limited to raw data, email, internet, world wide web, voice and wireless web formats) is strictly prohibited. Reproducing our Service in any form, without express written consent, constitutes damages and is actionable – WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law.
25. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
* a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEATHERFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. * b. WEATHERFLOW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PUCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. * c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, TO YOUR COMPUTER SYSTEM OR OTHER COMMUNICATIONS DEVICE OF ANY KIND, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. * d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEATHERFLOW OR THROUGH OR FROM THE SERVICE IN ANY FORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
26. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEATHERFLOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INDICENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEATHERFLOW HAS BEEN ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY SERVICES OR PRODUCTS OF WEATHERFLOW, WINDALERT, IWINDSURF, SAILFLOW, IKITESURF, OR ANY RELATED WEBSITE OR SERVICE.; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, MATERIALS, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
27. CLASSIFIED ADS GENERAL – In return for posting your FREE classified ad on WeatherFlow products, you agree that it is in compliance with our guidelines. We do not wish to censor or police the ads being posted on WeatherFlow websites, nor do we have the resources to monitor every posting, but in order to prevent abuses by a few people and to keep the classified section comfortable and appropriate for our general audience, which includes people of all ages, races, religions, and nationalities, we reserve the right to remove any ads in violation of our guidelines that are brought to our attention, at any time, and without notice. Therefore, all ads that are in violation of our guidelines and/or in violation of the letter or spirit of these Terms and Conditions are subject to being removed immediately and without prior notice. WeatherFlow also reserves the right to remove any ad without giving a specific reason. By posting an ad on WeatherFlow, you agree to the following statement:
I agree that I will be solely responsible for the content of all classified ads that I post under this program and that I will indemnify WeatherFlow and hold WeatherFlow harmless for any losses or damages to myself or to others that may result directly or indirectly from any ads posted here.
GUIDELINES – By posting an ad on WeatherFlow, you agree to the following guidelines:
* -Limit: one piece of equipment (one board, one sail, or one rig) per classified ad. * -Limit: 4 ads per individual / business (to inquire about how to get unlimited Ad Posting, contact email@example.com). * -No foul or otherwise inappropriate language will be tolerated. The system checks for foul language and will attempt to strip it from posts, but if you try to get around this, your ad is subject to removal immediately and without warning. * -No hateful, racist, or otherwise offensive comments will be tolerated. * -No ad promoting activities that would be illegal under the laws of any State or Province or Country in the World, or of the Country of domicile of WeatherFlow or of the person posting the ad, will be tolerated. * -Any ad that appears to be merely a test message, a joke, or otherwise insincere or non-serious is subject to removal. WeatherFlow reserves the right to decide whether a message appears to be of such a category. * -WeatherFlow reserves the ultimate discretion as to which ads, if any, are in violation of these guidelines.
Notices to Users may be made via webpage, pop-up internet message, in person, via telephone, via email, via windAlert.com or iWindsurf.com or iKitesurf.com or Sailflow Message Center messages, through regular mail, fax, or other appropriate communications method. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices in communications to you via the Service or via other communications methods. Such changes would be incorporated by reference into these Terms and Conditions.