Terms of Service: Weather Source APIs

These Terms of Use (the “Terms”) govern any use of the Weather Source Application Programming Interface (“Services”) by you, offered by both Weather Source, LLC, a Delaware limited liability company and Pelmorex Corp., a company incorporated in Ontario, Canada (the “Company”).

By using the Services, you agree to be bound by the Terms contained herein. Your use of the Services may also be governed by additional agreements (the “Agreements”) all of which are incorporated by reference herein. The Company reserves the right to modify These terms, at its sole discretion, with or without notice to you.

1. Description of Services. The Services include access to and use of these Terms and/or the Weather Source APIs. The Subscriber further understands that the Company is not responsible for any network, system, application or device failures and does not guarantee any level of Services uptime unless pursuant to a service level agreement, or its equivalent, between you and the Company. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to these Terms and any applicable Agreements. You understand and agree that unless expressed otherwise, in writing, the Services provided on an “AS-IS” basis and the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, communications, postings, or personalized settings. You are responsible for obtaining access to the Services and that access may involve third-party fees (such as Internet service, application store, and provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. Eligibility/Registration. You agree that any use of the Services shall be in accordance with (a) these Terms, (b) the Weather Source APIs Terms of Use, any applicable laws, regulations or generally accepted practices or guidelines, (d) and if applicable, the Agreements and/or Service Order Forms. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Services without consent of a parent or guardian and only under the supervision of a parent or designated responsible adult.You agree that you will not engage in any activity that, in the Company’s sole judgment, interferes with or disrupts the Site, the Services or the activities or quiet enjoyment of others of the Services. Your failure to comply with this requirement may result in immediate suspension of your right to access the Services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the applicable sites or any of the Services.You understand that through your access to the Services, you consent to the Company’s collection and use of certain other information about you (the “Content”)  all as set forth in the Company’s Privacy Policy, posted at https://www.pelmorex.com/en/legal/privacy-policy/ and updated from time to time.The Company may access, preserve, and/or disclose your Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to a) comply with legal process, b) enforce the Terms; c) respond to claims that any Content violates the rights of third parties, d) respond to your requests for customer services, or e) protect the rights, property, or safety of the Company, its users, and/or the public.
3. Fees. Certain Services may require the payment of fees to the Company or other users. Any such fees, and acceptable methods of payment, will be detailed in the relevant Service Order Form, agreement, rules or guidelines governing such Service(s). You shall be responsible for all fees listed for the particular Services you are utilizing.
4. Advertising and Other Communications. The Company may also display advertising in connection with any of the Services, in its sole discretion, and/or in emails to its registered users. You may opt out of advertiser related email but you are not able to opt out of any service announcements, administrative messages, or other communications from the Company, the receipt of which are a condition of your use of the Services. 
5. Acceptable Behavior. Without limiting any other provision of these terms, you agree that you will not:
   • impersonate any person or entity, including, but not limited to, Company official or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • transmit or otherwise make available any material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • act in a manner that negatively affects other users’ use and quiet enjoyment of the Services;
   • interfere with or disrupt the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
   • intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
6. Content. You are solely responsible for any Content you provide to the Company in order to access the Services, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content  transmitted, or otherwise made available via the Services. You represent that you have the right to transmit such Content, and, by transmitting such Content, you give the Company a license use the Content in order to provide you with the Services. Subscribers are independent of the Company. The Company may receive a fee from the subscriber for its use of the Services. The Company expressly disclaims any representation or warranty of any kind with regard to the quality or outcome of the services provided to the subscriber.The Company shall have the right, but not the obligation, to restrict access to the Services for any subscriber that is violative of any law, regulation or guideline, or that the Company deems offensive, in its sole discretion.
7. Use and Storage of Information. You acknowledge that the Company may establish general practices and limits concerning use of the Services. You agree that the Company has no responsibility or liability for the deletion or failure to store any data and communications, including other Content maintained or transmitted by the Services. You acknowledge and agree that the Company may access, preserve, and disclose your Content if required to do so by law, or, if it believes, in good faith, that such access, preservation, or disclosure is reasonably necessary to: a) comply with legal process, b) enforce these Terms, c) respond to claims that any Content violates the rights of third parties, d) respond to your request for customer services; or e) protect the rights, property, or personal safety of the Company, its users and Subscribers and the public.
8. Indemnity. You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content you submit, post, transmit or otherwise make available through the Service, your use of any Services, your connection to the Services, your violation of the Terms, Agreements, or your violation of any rights of another user.
9. Termination of Your Account.
   • By the Company. You agree that the Company may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to the Services indefinitely or for a set period of time. Termination of an account, whether temporarily or permanent, may include limitations to accessing the Service(s), but your profile, including your posts, will not be deleted unless you instruct the Company to remove your profile. Cause for such termination shall include, but not be limited to, a) breaches or violations of the Terms, Agreements or other incorporated agreements or guidelines, b) requests by law enforcement or other government agencies, c) a request by you (self-initiated account deletions), d) discontinuance or material modification to the Services (or any part thereof), e) unexpected technical or security issues or problems, f) extended periods of inactivity, g) engagement by you in fraudulent or illegal activities, and/or h) nonpayment of any fees owed by you in connection with the use of the Services. Further, you agree that any termination by the Company shall be at the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated Content or access to the Services.
   • By You. You may terminate your account and delete your account data at any time for any reason by navigating to your profile page and deleting or emailing pws-support@pelmorex.com.
10. Disclaimer of Warranties. You expressly acknowledge and agree that:
    • Your use of the Services are at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Subscriber understands and agrees that the Company is a provider of weather data and the Company is not responsible for any network, system, application, or device failures.
    • The Company makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any Services purchased or obtained by you will meet your expectations; and (v) any errors in the Services will be corrected.
    • Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    • No advice or information, whether oral or written, obtained by you from the Company or through or from the Services shall create any warranty not expressly stated in these Terms and/or any applicable Agreements or other incorporated agreements or guidelines
11. Limitation of Liability THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR YOUR USE OF THE SERVICES.
12. Miscellaneous
    • Entire Agreement. These Terms, Agreements and any other agreements or addendums, guidelines and policies are hereby incorporated by reference and herein constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements between you and the Company with respect to the Services.
    • Proprietary Rights. You acknowledge and agree that the Services and any necessary software, including the Weather Source APIs, used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any Content, whether in whole or in part. Unless you have agreed otherwise in writing with the Company, nothing in these Terms gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.Without limiting the foregoing, the Company logo, and any tags, slogans or any other service marks and other product and service names are trademarks of the Company. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
    • Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms or any Agreements shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
    • Service Levels. The Company does not guarantee continuous, uninterrupted or secure access to the Services.
    • Additional Acknowledgments. You acknowledge that: a) You are entering into these Terms voluntarily and without any duress or undue influence; b) You have carefully read these Terms and fully understand its terms, consequences, and binding effect; c) You have sought the advice of an attorney of Your choice if so desired prior to entering into these Terms and any applicable Agreements; and d) You understand that by using the Services, You agree to be bound by these Terms and any applicable Agreements.