AccuWeather® Global™ by Telemet, Inc. - Online Standard Terms and Conditions
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE PURCHASING THE ACCUWEATHER®GLOBAL™ ONLINE SERVICES. PURCHASING THE ACCUWEATHER® GLOBAL™ ONLINE SERVICE(S) INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT PURCHASE OR REGISTER IN THE ACCUWEATHER® GLOBAL™ ONLINE SERVICE(S).
Agreement between user and AccuWeather® GLOBAL™
Copyrights and Trademarks
Notices and Procedures for Making Claims of Copyright Infringement.
AccuWeather®Global™ and Telemet, Inc. reserves the right to change the terms, conditions, and notices under which the AccuWeather®Global™ and Telemet, Inc. Web Sites are offered, including but not limited to the charges associated with the use of the AccuWeather®Global™ and Telemet, Inc. Web Sites. You are responsible for regularly reviewing these terms and conditions.
A. Use of Service. Licensee operates an Internet Web Site or Intranet Site (the System) whose primary purpose is to provide users with information. Licensee desires to permit visitors who come to its System to view selected weather content and other information acquired by Licensee through and from AccuWeather®Global™ by Telemet, Inc. and is hereby authorized to do so; Licensee shall not make the service available to others in any other manner or by any other means. Licensee shall not push the service to others without an additional specific license from AccuWeather®Global™ by Telemet, Inc.. AccuWeather®Global™ by Telemet, Inc. shall be identified as the source of the information and Licensee shall maintain a link to AccuWeather®Global™ by Telemet, Inc.’ s web sites. AccuWeather®Global™ by Telemet, Inc.’ s services as provided to Licensee may contain hyperlinks to AccuWeather®Global™ by Telemet, Inc.’ s web site.
B. Service. AccuWeather®Global™ by Telemet, Inc., Inc. will make available for Licensee's receipt during the term of this Agreement access to its information data base referred to herein as the Service. The term Service, when used in this Agreement shall include each and every part of said Service both singularly and collectively and the reports, forecasts, graphics, data, briefings, information and other elements or things comprising the parts thereof including the preparation of such products, monitoring the weather and information related to the preparation of such products and staffing and organizing to provide the products. AccuWeather®Global™ by Telemet, Inc. reserves the right to change the products available in the Service and to substitute products of equal or greater value as may be available from AccuWeather®Global™ by Telemet, Inc.' s or its suppliers from time to time. Some products, such as videos, NEXRAD and Satellite imagery may be provided by AccuWeather®Global™ by Telemet, Inc. on a time delay. Services provided by AccuWeather®Global™ by Telemet, Inc. should be in the form or format as determined by AccuWeather®Global™ by Telemet, Inc. from time to time. It is the responsibility of the Licensee to update and maintain the trademark, patent, copyright or other license necessary in order to display or use the information. The specifics that define the content and information specified herein shall be those normally provided by AccuWeather®Global™ by Telemet, Inc. or as otherwise mutually agreed upon in writing by the parties.
C. Access. During the term of this Agreement, AccuWeather®Global™ by Telemet, Inc., Inc. will provide the Service through communications facilities it will from time to time select and Licensee shall have access rights to the Service. Licensee agrees that it shall access the Service only from the location listed in this Agreement. The data and information supplied under this contract by AccuWeather®Global™ by Telemet, Inc. is made available on an electronic site in State College, Pennsylvania or other sites AccuWeather®Global™ by Telemet, Inc. shall designate. Licensee will receive the data at the Licensee authorized location via FTP, email or other options AccuWeather®Global™ by Telemet, Inc. shall make available. For the purposes of determining situs with regard to taxation, jurisdiction or other issues, it is agreed that the situs of the information, receipt and transfer is in New York State. A trademark or copyright or copyrightable work contained within the information downloaded is considered a use or publication of the trademark or copyright in both the location in which it has been accessed in Pennsylvania at the host site and at the location of the user. The Licensee shall not claim trademark or copyrights in any information accessed from AccuWeather®Global™ by Telemet, Inc..
D. Access Codes. Access Codes and information furnished by AccuWeather®Global™ by Telemet, Inc., Inc. to Licensee are intended for Licensee's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with AccuWeather®Global™ by Telemet, Inc., Inc. Licensee shall be fully responsible for maintaining confidentiality of its account access information. Should Licensee's access information be lost or stolen or fall into the hands of an unauthorized user or users, it is Licensee's responsibility to immediately notify AccuWeather®Global™ by Telemet, Inc., Inc. in writing.
E. Communication Charges. Licensee shall be solely responsible for communication charges incurred in the access of the Service.
F. Subscription Fees. Licensee agrees to pay to AccuWeather®Global™ by Telemet, Inc., Inc. the monthly fee stated herein. The Monthly Fee may be invoiced monthly in advance. Any other charges that may occur will be also invoiced monthly. All such sums will be payable, will be due and will be charged on the Licensee’s assigned credit card on or before each contract month or calendar month as AccuWeather®Global™ by Telemet, Inc., Inc. selects, time being the of the essence. This is a fixed fee, lump sum contract; the total contract sum equals the total number of periodic payments multiplied by the amount of each periodic payment. This Agreement provides monthly payments as an accommodation to Licensee to facilitate budgeting and cash flow planning. Failure of payment shall render due and payable all sums, and an automatic suspension of service shall occur until the account is brought up-to-date.Any sales tax, use tax, manufacturer’s tax, occupation tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any government authority, on or measured by the transaction between Licensor and Licensee, shall be paid by the Licensee as an addition to any prices otherwise set out in the fee schedule. In the event the Licensor is required to pay and such tax, fee or charge, the Licensee shall reimburse Licensor therefore. Sales first month are final. Licensee has the right to cancel Recurring Payments within 7 Business Days of the scheduled date of the Recurring Payment. For that purpose, Licensee shall contact Licensor requesting the cancellation. All prices stated herein are in U.S. dollars.
G. Trade Marks.
H. Distribution. Licensor will provide the licensee information to Licensee location as specified in the Contract. Distribution of the information provided by Licensor to Licensee at any other location or on any other distribution system other than Licensee’s System herein shall be the basis for immediate termination of this license agreement by Licensor or the imposition of appropriate charges for the uses or both. Termination of this license agreement shall be in addition to and not in lieu of other legal and equitable remedies available to Licensor nor shall it affect the sums due hereunder.
I. Events Beyond AccuWeather®Global™ by Telemet, Inc.’ s Control. AccuWeather®Global™ by Telemet, Inc., Inc. shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with AccuWeather®Global™ by Telemet, Inc., Inc., nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of AccuWeather®Global™ by Telemet, Inc., Inc. The unavailability of data from AccuWeather®Global™ by Telemet, Inc. ’s source suppliers shall not be considered a disruption of services and shall not affect the obligation of Licensee hereunder. If the Service or delivery thereof is disrupted by any such event(s), AccuWeather®Global™ by Telemet, Inc., Inc.’s obligations hereunder shall be suspended during the period of occurrence of such disrupting event(s); however, AccuWeather, Inc.’s obligations hereunder shall be extended for one day for each full day of interruption, AccuWeather®Global™ by Telemet, Inc., Inc.’s failure to perform this Agreement, resulting from any event(s) not specified above, shall cause it to be liable to Licensee in a maximum aggregate amount not to exceed the cost of service paid for by Licensee at the time of failure, if any, and still unused by Licensee. LICENSEE IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS LICENSEE SHOULD KEEP ADVISED OF SAME. LICENSEE AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. Licensee agrees to indemnify and hold harmless AccuWeather®Global™ by Telemet, Inc., Inc. for any and all claims arising from any source.
J. Copyright. In consideration for the grant of this license, Licensee agrees to present the AccuWeather®Global™ by Telemet, Inc. copyright notice at the beginning of the information presented on-line with an explanation that it appears pursuant to a license from AccuWeather®Global™ by Telemet, Inc., Inc., and that it is unlawful to copy or redistribute the information. Licensee agrees include a hyperlink to AccuWeatherGlobal.com, or insert this segment of HTML code into the webpage and/or platform in which the data is being used: <font size=”-1”>All graphics, forecasts, and data © 2012 <a target=”_blank”href=” http://www.accuweatherglobal.com”>AccuWeatherGLOBAL</a>, Inc. </font>.
K. Warranties. AccuWeather®Global™ by Telemet, Inc. makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, data, or information state, represent or depict and it shall have no responsibility or liability whatsoever to Licensee or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. TELEMET/ACCU WEATHER, INC. MAKES NO WARRANTIES HEREUNDER AND THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
L. Assignability. Licensee shall not assign, transfer, or sub-license this Agreement or any of its obligations hereunder without the prior written consent of Licensor. In the event that Licensee sells or agrees to sell all or substantially all of its assets, the existence of this Agreement shall be disclosed to the Purchaser, or assignees and it shall be required that this Agreement either be adopted, accepted and assumed by such Purchaser, or assignee of those assets or that the Purchaser or assignee be required by Licensee to payoff all sums due under this Agreement in full to the end of this Agreement with such sums to be verified in advance with AccuWeather®Global™ by Telemet, Inc. and payment to AccuWeather®Global™ by Telemet, Inc. to be made by separate transfer of funds at the time of closing of such purchase arrangement.
M. No Joint Venture. Nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties.
N. Indemnity, Representations and Warranties. Licensee hereby indemnifies and agrees to hold harmless Licensor from and against any and all claims, demands, actions, and any liabilities, damages or expenses resulting there from including court costs and reasonable attorney's fees arising out of or relating to Licensee's use of the information or trademark usage provided by Licensor pursuant to this Service and Licensing Agreement. Licensee's obligations under this paragraph shall survive termination of this Agreement for any reason. The Licensee also represents and warrants that the Web site identified herein does not and will not (i) incorporate images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, or harassing; (ii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or (iii) promote illegal activity or incorporate any materials which infringe or assist others to infringe any copyright, trademark, patent, or other intellectual property rights.
O. Choice of Law. The parties agree to submit to the New York State Courts only, any dispute arising out of this Agreement or related thereto and consent to the jurisdiction of said courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by New York State Law and this paragraph shall supersede any conflicting choice of law rules.
P. Waiver. AccuWeather®Global™ by Telemet, Inc.' s failure to require the performance of any term of this Agreement or the waiver of any breach shall not prevent the subsequent enforcement of such terms nor be deemed a waiver of any subsequent breach.
Q. Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications whether oral or in writing.
R. Amendments. This Agreement may be amended or modified only in writing and shall be enforceable in accordance with the terms of this Agreement.
S. Severability. The invalidity of any paragraph, subparagraph or portion of this Agreement shall not affect the validity of any other paragraph, subparagraph or portion hereof.
T. Notices. Any notices herein required which are to be sent to AccuWeather®Global™ by Telemet, Inc., Inc. must be addressed to Telemet, Inc. at P.O. Box 829, Hunter, NY, 12442,USA, or such other locations as Telemet, Inc. may from time to time direct in writing. Notices addressed to any other person, entity or location shall be considered of no effect hereunder whether actually received or not.
U. Site Access. Licensee shall provide AccuWeather®Global™ by Telemet, Inc. with access to Licensee's Web Site, Intranet or other electronic system at no charge to AccuWeather®Global™ by Telemet, Inc. for the purpose of reviewing compliance of Licensee's offerings. AccuWeather®Global™ by Telemet, Inc. shall be responsible for all communication charges for access to Licensee's Site.
V. Heading and Captions. Headings and captions used in this Agreement are for convenience only, and are not to be considered a part of this Agreement. They in no way define, limit, construe or describe the scope or intent of such paragraphs of this Agreement nor in any way affect this Agreement.
W. Performance. Licensee hereby agrees that it will well and truly indemnify and save harmless AccuWeather®Global™ by Telemet, Inc., Inc. from all manner of suit, actions, damages, charges and expenses, including attorney and counsel fees. In the case of failure of payment by Licensee, AccuWeather®Global™ by Telemet, Inc. shall have the right to claim a sum equal to twenty-five percent of such payment due but not paid, that AccuWeather®Global™ by Telemet, Inc., Inc. may sustain by reason of Licensee’s failure to so perform this Agreement, Licensee’s breach of any of the terms, covenants or conditions of this Agreement or other claims against AccuWeather®Global™ by Telemet, Inc., Inc. arising from this Agreement as a liquidated amount for attorneys fees. Failure or refusal of Licensee to use the trademark as required in Paragraph H.1 above shall render Licensee liable in an amount equal to the sum of payments due by Licensee to AccuWeather®Global™ by Telemet, Inc. for the time of such breach of Paragraph H until the expiration date of the Agreement, this sum constituting liquidated damages for Licensee’s breach of Paragraph H hereof. Any manner of suit, action or claim of any nature or kind against AccuWeather®Global™ by Telemet, Inc., Inc. by Licensee or third parties shall be brought within one year from date of occurrence of the earliest event giving rise to such suit, action or claim. AccuWeather®Global™ by Telemet, Inc., Inc. shall have no responsibility to retain records of transmissions by or between AccuWeather®Global™ by Telemet, Inc., Inc. and Licensee or records of forecasts, data, graphics or products in whatever form or nature, that may have been produced or supplied under this Agreement and AccuWeather®Global™ by Telemet, Inc., Inc. shall not be required to produce same by any adverse party.