Terms Of Service
radarforecastapp.com Weather Radar + Forecast App Terms of Service Agreement
Last Modified: August 28, 2014
The following radarforecastapp.com Software License and Terms of Service Agreement ("Terms" or the "Agreement") for the radarforecastapp.com Weather Radar + Forecast App Service is a legal contract between you, an individual subscriber ("You"), and radarforecastapp.com regarding your use of radarforecastapp.com’s Weather Radar + Forecast App Service (the "Service").
PLEASE REVIEW THESE TERMS OF SERVICE FOR USE OF OUR WEBSITE, OUR SOFTWARE, AND OUR SERVICES. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION
THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY radarforecastapp.com. By clicking the "I Agree" button or by otherwise registering for, accessing or using the Service, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Service by radarforecastapp.com.
2. Additional Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms and we will notify at your read only email address of these Guidelines.
3. Modification of these Terms. radarforecastapp.com reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Service.
4. Installation of the radarforecastapp.com Email Profile. In order to access the Weather Radar + Forecast App Service and to receive additional radarforecastapp.com email communications, including our relationship and transactional messages and commercial messages from our advertising partners which help keep this service free, you must install a profile (“Email Profile”) on your mobile device. If you do not install the Email Profile, you cannot access our Service. You install our Email Profile when you initially sign up for the Service. This Email Profile includes a read-only email address to which we will send our communications. Should you wish to uninstall this profile, please follow the directions listed on radarforecastapp.com/home/uninstall. When you install the Email Profile, radarforecastapp.com will automatically set up a read-only email address for You which we will use to communicate with you. These email addresses are the sole property of radarforecastapp.com and we may alter or replace them at any time. You will not be able to send emails from this email address. radarforecastapp.com will use this email address to communicate with You with respect to relationship and transactional messages regarding the Service along with sending You commercial emails from our advertising partners. If You want to opt out of receiving commercial messages to your email account, click on the “Unsubscribe” button which is clearly displayed at the bottom of each message.
5. Termination of your Email Profile. radarforecastapp.com may modify or discontinue (in whole or in part) the Services or your Email Profile with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your Email Profile immediately for any reason or no reason at all.
6. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
6.1 use the Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, or any Materials (as defined in Section 11, below);
6.3 delete the copyright or other proprietary rights on the Service;
6.4 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
6.5 use the Service if You are under the age of 18 years old;
6.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of the Service, or features that enforce limitations on the use of the Service;
6.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.8 modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
6.9 intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Third-Party Transactions.
7.1 Advertisements. radarforecastapp.com may send you commercial email containing Advertisements to your radarforecastapp.com email address. You expressly consent to receive these commercial email Advertisements. radarforecastapp.com does not endorse any information, materials, products, or services contained in or accessible through Advertisements. Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between You and such advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
7.2 Otherwise. If You choose to access web sites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors through Advertisements, your personal information may be available to the third-party provider. If you choose to visit or use any third-party products or services, please note that radarforecastapp.com policies will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. radarforecastapp.com has no responsibility for any third party's policies, or any third party's compliance with them.
8. Termination; Terms of Service Violations.
8.1 radarforecastapp.com. You agree that radarforecastapp.com, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the Email Profile at any time. radarforecastapp.com may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and You agree that radarforecastapp.com will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies radarforecastapp.com may have at law or in equity.
8.2 You. Your only remedy with respect to any dissatisfaction with (i) the Service (ii) any term of this Agreement, or (iii) any policy or practice of radarforecastapp.com in operating the Service, is to terminate this Agreement and uninstall the radarforecastapp.com Email Profile. You may terminate this Agreement at any time by discontinuing use of any and all parts of the Service.
9. Ownership; Proprietary Rights. The Service is owned and operated by radarforecastapp.com and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by radarforecastapp.com (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Service (excluding any Materials on third-party websites) are the property of radarforecastapp.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to radarforecastapp.com or its affiliates and/or third-party licensors. Except as expressly authorized by radarforecastapp.com, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.radarforecastapp.com reserves all rights not expressly granted in this Agreement.
10. Indemnification. You agree to indemnify, save, and hold radarforecastapp.com, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. radarforecastapp.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify radarforecastapp.com, and You agree to cooperate with radarforecastapp.com's defense of these claims. radarforecastapp.com will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
11. Disclaimers; No Warranties.
11.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, radarforecastapp.com, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM radarforecastapp.com OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14 THE TERM radarforecastapp.com INCLUDES radarforecastapp.com’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
11.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO INSTALLATION OF THE EMAIL PROFILE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION.radarforecastapp.com, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
11.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE AND ACCESS OF THE SERVICE INCLUDING INSTALLATION EMAIL PROFILE IS AT YOUR OWN DISCRETION AND RISK.
12. Limitation of Liability and Damages.
12.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL radarforecastapp.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH radarforecastapp.com, EVEN IF radarforecastapp.com OR A radarforecastapp.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, radarforecastapp.com'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF radarforecastapp.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
12.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT radarforecastapp.com HAS OFFERED ITS SERVICESAND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND radarforecastapp.com, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND radarforecastapp.com. radarforecastapp.com WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
12.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12.5 Consumer End Users (Outside of the USA). This Section 15.5 applies only if You reside and use the Service and outside of the United States.
(A) Warranties. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
13. Dispute Resolution and Arbitration
13.1 Generally. In the interest of resolving disputes between You and radarforecastapp.com in the most expedient and cost effective manner, You and radarforecastapp.com agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and radarforecastapp.com are each waiving the right to a trial by jury or to participate in a class action.
13.2 Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
13.3 Arbitrator. Any arbitration between You and radarforecastapp.com will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting radarforecastapp.com.
13.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail ("Notice"). radarforecastapp.com's address for Notice is: radarforecastapp.com Attention: Counsel, Attn: Legal,4600 Madison Ave Kansas City, MO 64112 . The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, You or radarforecastapp.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or radarforecastapp.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, radarforecastapp.com shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by radarforecastapp.com in settlement of the dispute prior to the arbitrator's award.
13.5 Fees. In the event that you commence arbitration in accordance with these Terms, radarforecastapp.com will reimburse You for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Kansas City, Missouri, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, You agree to reimburse radarforecastapp.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
13.6 No class actions. YOU AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and radarforecastapp.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13.7 Modifications. In the event that radarforecastapp.com makes any future change to this arbitration provision (other than a change to the radarforecastapp.com 's address for Notice), You may reject any such change by sending us written notice within 30 days of the change to radarforecastapp.com 's address for Notice, in which case your use of the Service shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
13.8 Enforceability. If only Subsection 13.6 of this Section 13 or the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Sections 14.3 and 14.4 shall govern any action arising out of or related to these Terms.
14.1 Notice. radarforecastapp.com may provide You with notices, including those regarding changes to this Agreement, by posting the notice on radarforecastapp.com. Notice will be deemed given twenty-four hours after posting.
14.2 Waiver. The failure of radarforecastapp.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by radarforecastapp.com.
14.3 Governing Law and Jurisdiction: This Agreement shall be interpreted and enforced in all respects under the laws of the State of Missouri, USA as applicable to contracts to be performed entirely within the State of Missouri, USA. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in Kansas City, Missouri, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
14.4 Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
14.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by radarforecastapp.com without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
14.6 Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
14.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
14.8 Entire Agreement. This Agreement constitutes the entire agreement between You and radarforecastapp.com relating to the subject matter herein and will not be modified except in writing, signed by both parties.
14.9 Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE, INCLUDING THE INSTALLATION OF THE EMAIL PROFILE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Weather Radar + Forecast App
Attention: Privacy and Compliance Group
4600 Madison Ave
Kansas City, MO 64112