Terms and Conditions

NETWEATHER USER LICENSE AGREEMENT ("Agreement")

THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN

1. Weather Information, Confidentiality Information furnished by AccuWeather, Inc. ("AccuWeather") to you is intended for your sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with AccuWeather. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account.

2. Use of Service. You desire to permit visitors who come to your Web Site to view selected weather content and other information acquired by you through and from AccuWeather and you are hereby authorized to do so. You shall not push or redistribute the service to others without a specific license from AccuWeather. AccuWeather shall be identified as the source of the information. AccuWeather's services as provided to you may contain hyperlinks to AccuWeather's Web Site and will be in the form and format as determined by AccuWeather from time to time. It is your responsibility to update and maintain the trademark, patent, copyright or other licenses necessary in order to display or use the information on its site. You shall also be responsible for obtaining and maintaining, at your sole expense, any equipment needed to access and use the service as authorized herein. AccuWeather reserves the right to modify or discontinue the service provided hereunder, or any aspect or feature thereof, at any time.

3. Access. The data and information supplied by AccuWeather is made available on an electronic site in State College, Pennsylvania or other sites AccuWeather shall designate. 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 Pennsylvania. 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. You shall not claim trademark or copyrights in any information accessed from AccuWeather.

4. Trademarks. You are hereby granted the nontransferable, non-exclusive right to use the trademark AccuWeather and the AccuWeather logos for the sole purpose of identifying the origin of the information supplied by AccuWeather. AccuWeather may terminate your right to use the AccuWeather trademarks upon your failure to use the marks as specified in this Agreement. When the Property of AccuWeather, Inc. is displayed or used in publications of any kind or through any media, it shall be indicated that such is owned by AccuWeather, Inc. by placing a small "R" in a circle proximate to such property or by affixing other proper registration, copyright or proprietary notice. AccuWeather, Inc. retains all rights, title and interest, including rights of trademark and copyright in those things defined herein as "Property of AccuWeather, Inc" "Property of AccuWeather, Inc." is hereby defined to include all rights, title and interest in the (1) reports, forecasts, graphics, data, equipment and information furnished pursuant hereto; the trademark AccuWeather, identifiers embodying "ACCU" as all or a portion thereof; any other trade names, trademarks, service names, symbols, identifiers, URL's, formats, designs, devices, or proprietary products owned by AccuWeather, Inc. and (2) any other trade names, trademarks, service marks, symbols, identifiers, URL's, formats, designs, devices, identifiers embodying "ACCU" as all or a portion thereof, any other trade names, trademarks, service names, symbols, identifiers, URL's, formats, designs and devices, as any may be used to designate the products and services furnished by AccuWeather, Inc. or used in connection with the products and services by either party.

5. Indemnity, Representations and Warranties. You hereby agree to indemnify and hold harmless AccuWeather from and against any and all claims, demands, actions, and any liabilities, damages or expense resulting therefrom (including court costs and reasonable attorney's fees) arising out of or relating to your use of the information or trademark usage provided by AccuWeather pursuant to this Agreement. Your obligations under this paragraph shall survive termination of this Agreement for any reason. You also represent and warrant that your Web Site 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.

6. Events Beyond AccuWeather's Control. AccuWeather 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, nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of AccuWeather. AccuWeather 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 you 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. 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. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.

7. Agreement and Enforcement. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications whether oral or in writing. The parties agree to submit to the Pennsylvania 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 Pennsylvania Law and this paragraph shall supersede any conflicting choice of law rules.

8. Disclaimer and Limit of LiabilityYOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE (AND THE SERVICE PROVIDED TO YOU PURSUANT TO THIS AGREEMENT) IS PROVIDED BY ACCUWEATHER ON AN "AS IS" BASIS. YOU AGREE TO ACCEPT SUCH TERMS, CONDITIONS AND POLICIES AS SET FORTH HEREIN, AS MAY BE AMENDED FROM TIME TO TIME AT ACCU WEATHER'S SOLE DISCRETION. ACCU WEATHER AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCU WEATHER AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ACCU WEATHER, INC. AND ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE, ANY DELAYS ON THE SITE, ANY PURCHASE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCU WEATHER OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Non-AssignabilityNeither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber.

10. Age / Minor's Policy AccuWeather, Inc., does not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 18 to provide any personally identifiable information, ask questions or participate in chat rooms related to our websites. If we determine that a child under 18 has provided personal information in violation of this policy, we will delete that information as soon as reasonably possible. If you become aware that a child under 18 has provided such information, please send us an email at accumall@accuweather.com so we can delete this information. You represent that you are of full legal age and authority and that you intend to be legally bound by these terms and conditions.

11. Privacy PolicyAccuWeather, Inc. collects information on this site during the registration process for business purposes that will allow us to better and more efficiently serve you. Some uses AccuWeather makes of this information are processing and verifying subscriptions, billing, and providing you with up-to-date information on the newest AccuWeather products, if so desired. AccuWeather, Inc. collects this information for internal use only. AccuWeather, Inc., does not sell or redistribute this information to outside organizations. AccuWeather, Inc. may at times release aggregate subscriber information to advertisers as may be requested or required. However, any information provided is aggregate information only and specific individual information of the nature provided during the registration process is never given to outside organizations. AccuWeather Inc. may disclose user information to law enforcement authorities or as may be required by subpoena. View the full text of AccuWeather's Privacy Policy at http://www.accuweather.com/privacy.asp?partner=netweather&traveler=0.

12. Export ControlsThis website may only be used in compliance with applicable statutes and regulations relating to the country of destination, or to the users or the use of the website. By using this website and the service provided hereunder, you are representing and warranting that you are not located in, under the control of, or a national resident of any such embargoed country or on any such denial list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the website, and you represent that you have complied with any regulations or registration procedures required by applicable law.

13. CookiesAccuWeather.com was designed to utilize cookies for optimal user performance. Cookie preferences can be found under "Edit/Preferences/Advanced" (Netscape Communicator 4), "Tools/Internet options/Security/Custom Level" (Microsoft Internet Explorer 4/5 PC) or "Edit/Preferences/Receiving Files/Cookies" (Microsoft Internet Explorer 4/5 Mac).

Acceptance. This document constitutes an offer by AccuWeather to you. Acceptance of this Agreement shall occur upon your acceptance or access of the Service hereunder or any part thereof. No person has the authority to make representations or warranties on behalf of AccuWeather or to bind AccuWeather in any manner except as specifically stated for herein.

BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH ABOVE.

