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TERMS AND CONDITIONS OF USE
REVISED AS OF OCTOBER 29, 2014
The KirklandWeather.com site is (the "Site") is owned and operated by KirklandWeather.com. Listed below are the terms and conditions of use (the "Terms") for this Site. By using, accessing and/or viewing information on the Site, you (the "Participant") agree to be bound by these Terms. If you violate these Terms, KirklandWeather.com has the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the Site. participant understands and agrees that its use of this Site is a benefit voluntarily given by KirklandWeather.com and that KirklandWeather.com may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this Site or the services and information offered herein.
- PERMITTED USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms.
- OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Specifically, some of Data on this Site, including all data derived from the .Personal Weather Station. Network, is unique and proprietary to KirklandWeather.com, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from KirklandWeather.com. ANY USE OF THIS DATA SHALL ACKNOWLEDGE KIRKLANDWEATHER.COM AS THE SOURCE. KirklandWeather.com will take appropriate legal action to protect and safeguard any unauthorized use of this Data.
- Monitoring. KirklandWeather.com shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, KirklandWeather.com shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of KirklandWeather.com.
- LINKS. The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by KirklandWeather.com or by any of its third-party providers regarding the content of those other websites. Neither KirklandWeather.com nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
- BLOGS/DISCUSSIONS. .Blogs,. or web logs, are a place for individuals to share their interest in weather and the world outdoors with other users of the KirklandWeather.com. Areas of the Site including the .Wunder Blog Directory. allow for public discussion of weather-related ideas, facts and opinions. KirklandWeather.com is not an editor or publisher of the information, advice, ideas, statements, offers, sources or opinions (collectively, the .Shared Information.) supplied by third parties and users of the Site and does not have editorial control over such Shared Information. Any Shared Information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of KirklandWeather.com, its employees, agents, representatives or affiliates. KirklandWeather.com does not monitor the content of all the Shared Information twenty-four hours a day and, therefore, does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than KirklandWeather.com.s authorized employees and representatives while acting within the scope of their official capacities. You may post information that is appropriate for general readership. You may not post information that is objectionable, inappropriate or offensive for general readership. KirklandWeather.com is not responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. You may not use the Site and/or the discussion forums to advertise or sell a product or service, or to advertise or direct activity to other websites. You may not use the Site for any commercial purpose without the prior written approval of KirklandWeather.com. KirklandWeather.com shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site including any material that KirklandWeather.com, in its sole discretion, finds to be objectionable or inappropriate in any way.
- ADVERTISERS/VENDORS/SERVICE PROVIDERS. The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. KirklandWeather.com will not be responsible for the illegality of or any error in accuracy in any advertisers. or sponsors. materials. participant understands and agrees that, in order to provide for the use of this Site, KirklandWeather.com contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.
- LIMITATION OF LIABILITY. KirklandWeather.com assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither KirklandWeather.com nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. KIRKLANDWEATHER.COM DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
INDEMNIFICATION. You agree to indemnify and to hold KirklandWeather.com, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
VIRUSES. We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.
MODIFICATIONS/TERMINATION. Without limiting its other remedies, KirklandWeather.com may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. KirklandWeather.com may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. KirklandWeather.com does not assume any obligation to notify you of changes to these terms and conditions.
GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Site are governed by the laws of the State of Washington. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.
ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and KirklandWeather.com regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of Wunderground.
- Upload, post, email, transmit or otherwise make available any Data or content on the Site as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its Data;
- Use this Site or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another.s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Upload, post, email, transmit, link to or otherwise make available any information on the Site that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
- Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- By providing Data or material, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to KirklandWeather.com's policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by KirklandWeather.com for any purposes it deems appropriate including commercial gain. By submitting information to KirklandWeather.com, you automatically grant, or warrant that the owner of such material has expressly granted KirklandWeather.com a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of the Site to access, view, download or reproduce the material for any use permitted by the Site. You grant KirklandWeather.com the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.
USER TERMS AND CONDITIONS
- PERMITTED USE. You may access, view and make copies of information on KirklandWeather.com only for your personal use. You may not publish or otherwise distribute any information for any purpose.
- OWNERSHIP/TRADEMARKS. All information contained on KirklandWeather.com is the property of KirklandWeather.com or its third party providers. All information is proprietary to KirklandWeather.com or its third party providers. You do not acquire or have any ownership or other proprietary interest in any information provided. You agree that information contained on KirklandWeather.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
- ACCURANCY OF INFORMATION. All information on KirklandWeather.com is provided to you on an "as-is" basis. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN. KIRKLANDWEATHER.COM DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE WEATHER UPDATES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
- TRANSMISSION FAILURES. KirklandWeather.com will use commercially reasonable efforts to publish and transmit KirklandWeather.com data on a continuous and timely basis. KirklandWeather.com is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Weather Updates; or for the failure to transmit any Weather Updates resulting from any natural disasters, wars, labor strike or other events beyond the control of KirklandWeather.com. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
- LIMITATION OF LIABILITY. You acknowledge that, KirklandWeather.com cannot and does not assume any responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of receiving the email such as pager charges, or as a result of any inaccuracy, incompleteness or obsolescence of any information contained on KirklandWeather.com. You agree that KirklandWeather.com will not be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to KirklandWeather.com data or any contractual or other dealings or relationships you may have with third parties based upon any information included on KirklandWeather.com.
- INDEMNIFICATION. You agree to indemnify and to hold KirklandWeather.com, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of KirklandWeather.com data, including, without limitation, any violations by you in the terms and conditions for your use of KirklandWeather.com data.
- GOVERNING LAW/JURISDICTION. This Subscription Agreement and your access to and use of information from KirklandWeather.com data are governed by the laws of the State of Washington. In the event of any dispute regarding the enforcement or interpretation of this Subscription Agreement or your compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.
- ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and KirklandWeather.com regarding your access to KirklandWeather.com data and your reproduction and use of any information on KirklandWeather.com.