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, 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 WeatherTAP. 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 standard, single-session WeatherTAP account authorizes a single individual to use the service from a single web browser on
a single computer. Additional sessions may be purchased which will allow concurrent access on multiple browsers and computers.
Additional sessions may be purchased off the website, or by calling 1-866-469-9982.
1.3 A multi-user license is required from WeatherTAP if more than one individual user (or household) requires access to WeatherTAP.
The multi-user license is available by contacting WeatherTAP at webmaster@weathertap.com, or by calling 1-866-469-9982.
1.4 WeatherTAP is intended to be used interactively by a single person (per account or session) utilizing a standard web browser
such as (but not limited to) Firefox, Opera, or Microsoft 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.
1.5 Use of any type of continuous, automated downloading facility (hardware or software) is prohibited without prior approval.
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.
2.0 LIMITED WARRANTY
2.1 WeatherTAP strives to provide you with Service of the highest quality. If you are not satisfied with WeatherTAP, and after
contacting WeatherTAP you remain dissatisfied, you may cancel your account by sending an e-mail message to webmaster@weathertap.com
which includes your name, UserID/Email Address 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 WeatherTAP, you fail to receive the product 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 WeatherTAP,
or due to force majeure or other circumstances not within the control of WeatherTAP.
2.3 THE FOREGOING STATES THE ONLY WARRANTY FROM WEATHERTAP, 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 WEATHERTAP 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 WEATHERTAP 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 WEATHERTAP OR ITS SUPPLIERS
TO PROVIDE WEATHERTAP, AND NOTWITHSTANDING THAT WEATHERTAP 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 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. WeatherTAP 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 WeatherTAP 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 WeatherTAP is not 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. WeatherTAP 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 WeatherTAP.
3.4 You agree that communications through WeatherTAP are not private, and for quality control and other purposes, WeatherTAP may
monitor use of the software and any data transmissions occurring through it. WeatherTAP 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 WeatherTAP 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 WeatherTAP 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.
In the case of governmental agencies and entities whose local, state or federal requirements preclude jurisdictional contracts,
the approved jurisdiction of said governmental entities shall apply. WeatherTAP is operated 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 WeatherTAP 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.
IMPORTANT! - By subscribing to WeatherTAP, you are agreeing to these terms of use
