PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

1.0 PERMITTED USE

1.1 You, as an Authorized User, who agrees to these terms and conditions for the use of WeatherTAP and who has been provided with a user ID and password to access WeatherTAP by TAP Publishing, may use WeatherTAP only for your individual, internal, lawful purposes. Any other use of WeatherTAP is not permitted. You may not assign, or otherwise transfer, this Agreement or rights under it, or delegate obligations or duties, without the prior written consent of TAP Publishing. You are responsible for maintaining the secrecy of your username and password and are expected to take reasonable action to protected it.

1.2 A WeatherTAP account authorizes a single individual to use the service. A multi-user license is required from TAP Publishing if more than one individual user (or household) requires access to WeatherTAP. The multi-user license is available by contacting TAP Publishing at webmaster@weathertap.com, or by calling 1-800-337-5263.

1.3 WeatherTAP is intended to be used interactively by a single person (per account) utilizing a standard web browser such as (but not limited to) Firefox, Opera, or Microsft Internet Explorer. In addition to standard web browsers, approved third-party software may be used to access the service. Use of any unapproved hardware or software is prohibited. Users who violate this provision will be asked to discontinue use of the unapproved software. Continued violation will be grounds for account suspension.

1.4 Use of any type of continuous, automated downloading facility (hardware or software) is prohibited without prior approval.

1.5 A download ceiling of 1 Gigabyte per month per account shall be in effect. The average WeatherTAP user consumes far less than this amount, which should be much more than sufficient for any individual who uses the service interactively via a web browser. If, in any calendar month, the amount of data downloaded from WeatherTAP exceeds 600MB, then an overage charge of $.01 per megabyte over 600 may be charged to the account in addition to the normal subscription fee. Users will first be notified that they are exceeding the ceiling and will be given the opportunity to cease the infringing activity before any overage charges will occur. In no case will an overage charge be made without prior notification.

1.6 The images, text, and other information available through the service are created by WeatherTAP from raw information gathered from multiple public and private sources. WeatherTAP images are copyrighted and may not be redistributed without prior written consent. Explicit consent is granted for educational, documentary, and/or journalistic purposes subject to the following requirements.

Users may republish or reprint individual WeatherTAP images for educational and/or journalistic purposes subject to the following restrictions:

a) No continuous and/or automated redistribution of images is allowed.
b) Images must be at least 1 hour old prior to publication.
c) No lightning data or images may be republished without prior consent.
d) The images may be cropped, annotated, etc, however, the actual content of the images may not be altered.
e) The user must credit WeatherTAP as the source of the image along with the words ("Used with permission") placed close to the image.
f) All WeatherTAP copyright notices must remain unaltered. In the event that the copyright notice is cropped from the image, the text "(c) Copyright WeatherTAP.com" must be placed close to the image.
g) If an image is reproduced on a web site, a link to www.weathertap.com would be appreciated (but not required).
h) The restrictions are subject to change.

1.7 As new products are developed and old products are upgraded or retired, the availability of individual products available through the WeatherTAP service is subject to change . The appearance of the products as well as the website itself is also subject to change.

1.8 WeatherTAP maintains a "forums" section intended as means of maintaining a virtual community of users. WeatherTAP staff often participate in the forums to answer questions, facilitate discussion, etc. The forums are not meant to be a podium for political debate, criticism of WeatherTAP or other weather providers, or personal attacks. Improper use of the forum facilities may result in account suspension. The full forum rules are posted in the Forums section of the site.

2.0 LIMITED WARRANTY

2.1 TAP Publishing strives to provide you with Service of the highest quality. If you are not satisfied with WeatherTAP, and after contacting TAP Publishing you remain dissatisfied, you may cancel your account by sending an e-mail message to webmaster@weathertap.com which includes your name, User ID and the reason for cancellation. Upon such cancellation, you will receive a prorated refund if your subscription was annual or you will no longer be billed each month for a monthly subscription. Monthly subscribers may cancel at any time but we will not pro-rate monthly fees for a refund. A monthly subscription that is cancelled will expire after the end of the most recent month purchased.

2.2 If, through the negligent or intentional act of TAP Publishing, you fail to receive WeatherTAP for which you have paid, you shall be entitled to a refund of the unused portion of its payment, calculated on a per-day basis. Such entitlement will not arise if the failure is due to the acts of persons or entities other than TAP Publishing, or due to force majeure or other circumstances not within the control of TAP Publishing.

2.3 THE FOREGOING STATES THE ONLY WARRANTY FROM TAP PUBLISHING, ITS SUBCONTRACTORS, SUPPLIERS, INFORMATION SOURCES AND PROGRAM DEVELOPERS (COLLECTIVELY CALLED "SUPPLIERS"), AND IS YOUR SOLE AND EXCLUSIVE REMEDY REGARDING WEATHERTAP AND ANY INFORMATION ACCESSED. NEITHER TAP PUBLISHING NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING WEATHERTAP OR ANY INFORMATION ACCESSED USING WEATHERTAP.

 

LIMITATION OF LIABILITY:

EXCEPT FOR THE REFUND OF PAYMENTS STATED IN PARAGRAPH 2.2 ABOVE, NEITHER TAP PUBLISHING NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN THOUGH SUCH DAMAGES RESULTED FROM THE FAILURE OF TAP PUBLISHING OR ITS SUPPLIERS TO PROVIDE WEATHERTAP, AND NOTWITHSTANDING THAT TAP PUBLISHING OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.

3.0 GENERAL

3.1 TAP Publishing or its Suppliers own or have licenses to the intellectual property rights to all components of WeatherTAP. WeatherTAP contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of WeatherTAP are copyrighted as a collective work under the United States copyright laws. TAP Publishing owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download copyrighted material for your individual, internal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of TAP Publishing and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

3.2 Neither TAP Publishing nor its Suppliers are responsible for: 1) the accuracy, completeness, timeliness, reliability, content, or availability of WeatherTAP or any information accessed; 2) loss or damage to your records or data; or 3) your use of, or results achieved from, WeatherTAP or any information accessed.

3.3 By using WeatherTAP, you are able to access information made available from a variety of sources. TAP Publishing does not control, edit or review the content of such information and is not responsible for the content of such information or the actions or conduct of any company that provides sources of weather data procured by TAP Publishing.

3.4 You agree that communications through WeatherTAP are not private, and for quality control and other purposes, TAP Publishing may monitor use of WeatherTAP and any data transmissions occurring through it. TAP Publishing is not responsible for any third party obtaining or misusing such transmissions. Neither of us will bring a legal action, under this Agreement, more than two years after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

3.5 If any provision of this Agreement is unenforceable at law, the rest of the provisions shall remain in effect. The headings in this Agreement are for reference only. They will not affect the meaning or interpretation of this Agreement.

3.6 Neither you nor TAP Publishing are responsible for failure to fulfill any obligations due to causes beyond its reasonable control (i.e. acts of God, force majeure, etc.).

3.7 TAP Publishing may, in its discretion, transfer or assign this Agreement or any of its rights and/or responsibilities hereunder or delegate or subcontract any of its obligations.

3.8 This Agreement is entered into in the State of Tennessee, U.S.A. and governed by the laws of the State of Tennessee without regard to conflict of laws. TAP Publishing provides WeatherTAP to you in the United States. Regardless of where you access WeatherTAP from, you agree to comply with all applicable United States laws, including those regarding the export of data.

3.9 You are also responsible for complying with all other laws, rules, and regulations that may be applicable to your use of WeatherTAP.

3.10 TAP Publishing has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

3.11 These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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