Essex Fells, NJ 07021
AWS Convergence Technologies, Inc.
The terms set forth below (the "Agreement") govern your use of this web site ("Site"). By using or visiting the Site, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site. If you do not agree with this Agreement, your sole recourse is not to use the Site.
- Proper Use. The content and software on this Site is the property of WeatherBug and/or its suppliers and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site. Furthermore, the Site is provided to you for your own personal use, and it may not be used for any commercial purposes. For example, you may not do any of the following: use the Site to sell a product or service; use the Site to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Site and reformat and display them, or mirror any portion of the Site on your Web site; or "meta-search" the Site. If you wish to use any portion of the Site for commercial purposes, please contact us for more information. Any use of the Site that infringes upon WeatherBug's intellectual property rights or that is for commercial purposes will be investigated and WeatherBug shall have the right to take appropriate civil and criminal legal action.
- User Contributions and Privacy. There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to WeatherBug (collectively "Information"). WeatherBug shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with WeatherBug as needed to obtain such protection as WeatherBug may desire and you agree to assign your rights to such Information to WeatherBug. Furthermore, WeatherBug may share aggregate (not personally identifiable) Information with its business partners or other third parties. WeatherBug will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
- No Warranty. Please note that the services provided as part of this Site are experimental in nature. They have not been tested in any manner, and WeatherBug does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. WEATHERBUG EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WEATHERBUG BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT WEATHERBUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WEATHERBUG BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
- Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against WeatherBug and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. I
- Modifications of Terms. WeatherBug shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date at the bottom of this page.
- Violations of Terms. In addition to any legal remedies that WeatherBug may have for your violation of the terms of this Agreement, WeatherBug shall also have the right in its sole discretion to suspend or terminate your access to the Site.
- Hold Harmless and Indemnity. You agree to hold harmless and indemnify WeatherBug, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, WeatherBug will provide you with written notice of such claim, suit or action.
- No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without WeatherBug's prior written consent. Any such purported assignment or delegation by you without WeatherBug's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by WeatherBug at its sole and absolute discretion.
- Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint-venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final. The arbitration shall be conducted in Montgomery County, Maryland and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, WeatherBug may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
- Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. WeatherBug's failure to act with respect to a breach by you or others does not waive WeatherBug's right to act with respect to subsequent or similar breaches. The failure of WeatherBug to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of Maryland as if made in Maryland by two residents of that state. This Agreement constitutes the entire agreement between WeatherBug and you with respect to the subject matter hereof.
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