WEATHER FORECAST BY ACCUWEATHER TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 5.3) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 5.3 DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
1. General Information; Acceptance of Terms
We look forward to providing you with the Weather Forecast by Accuweather add-on/extension (“Software”) and its related services (the “Service(s)”). Please take a moment to review these “Terms and Conditions”, which represent an agreement between you (also referred to herein as “user”) and Accuweather and its extension partners (referred together herein as “Accuweather”, “we”, “us”, or “our”). It is important that you understand both the benefits we provide, as well as the terms which apply to your use of the Software and Services.
2. Specific Conditions and Obligations
2.1 Eligibility. To use/download the Software or access any Services, you must be a natural person and at least 18 years old. If you are located in any jurisdiction which imposes additional restrictions on eligibility, you are bound by those restrictions as well.
2.2 Acknowledgment of Proprietary Rights.
By using our Software and Services, you acknowledge that all information, content and materials contained within our Software and Services (in any form or media, the "Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by us, our content suppliers or licensors, or by other individuals whose content have been submitted to the Software and/or the Services. Except for Third-Party Content which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Materials.
The trademarks, logos, and service marks (whether or not registered, collectively the "Trademarks") displayed from the Software and/or through the Services (including Third-Party Content), are Trademarks of Accuweather and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Software should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark.
You are hereby advised that Accuweather is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. Accuweather will also reasonably cooperate with any third party alleging that any Material is infringing such party's intellectual property rights and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.
2.3 Submissions and Transmissions. Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.
2.4 Upgrades. Accuweather reserves the right to add at any time additional features or functions to, or release new versions of, the Software and/or any other Services (any such new features, functions or versions, are referred to as "Upgrades"). For instance, the Upgrades may help us better administer the Software and Services and improve your Accuweather experience. We may automatically make an Upgrade available without notice to you. In addition, the Upgrades may cause the Software to revert to the default settings of the current version of the Software. Unless we provide you with express notice to the contrary, an Upgrade will not delete or modify any data that would not have been deleted or modified if you had installed the then current version of the Software instead of having the Upgrade installed. Finally, although Accuweather may make Upgrades available to you, you understand and acknowledge that we have no obligation to do so.
3. Limitation on Liability; Indemnification
3.1 General Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ACCUWEATHER, ITS PRINCIPALS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS, MEMBERS, AGENTS, SUBSIDIARIES, OR AFFILIATES, OR ITS PARENT COMPANY AND ITS PRINCIPALS, PARENT COMPANY, EMPLOYEES, OFFICERS, CONSULTANTS, DIRECTORS, MEMBERS, AGENTS, SUBSIDIARIES, OR AFFILIATES (COLLECTIVELY “RELATED COMPANIES”) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT OR OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE AND/OR THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
3.2 No Warranty.
YOU EXPRESSLY AGREE THAT THE USE OF THE SOFTWARE AND/OR THE SERVICES ARE AT YOUR OWN RISK. THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT AND FREEDOM FROM VIRUSES, AND ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BUT TO BE CLEAR, ACCUWEATHER NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE MATERIALS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
3.3 Damage Caused by Third Parties. You agree that Accuweather and its Related Companies are not responsible for, and Accuweather and its Related Companies expressly disclaim any liability for, any damage, loss, or injury you may incur as a result of actions taken by other parties who access or use the Software, Services, or Materials, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Services or Software.
3.4 Indemnification. By using the Software and/or Services, you hereby agree to indemnify, defend, and hold Accuweather and its Related Companies harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by all or any such parties in connection with any claim arising out of any breach by you of these Terms and Conditions.
3.5 Changes to the Software. You understand that Accuweather reserves the right to change the content of the Software and Services at any time, including adding, deleting or modifying the Software and you agree that Accuweather and its Related Companies shall have no liability to you or anyone claiming through you as a result of implementing changes.
4. Hacking, Tampering, or Unauthorized Access or Use
You agreed that you shall not and shall not attempt to:
Your violation of any of the terms of this Section Four may result in your civil and/or criminal prosecution.
5.1 Removal. If you do not agree to accept and comply with any provision of these Terms and Conditions, or any amendment made by Accuweather to these Terms and Conditions, you must immediately stop using any Services. If you have downloaded the Software, you must immediately uninstall the Software. You may uninstall the Software by doing the following:
If you installed the Software on Google Chrome:
1) Right-click on our extension icon in the top right of the browser
2) Click “Remove from Chrome…”
If you installed the Software on Mozilla Firefox:
1) Click the menu button
2) Click Add-ons and select Extensions or Themes
3) Select the Accuweather add-on
4) Click the ellipsis (3-dot) icon and select Remove
5.2. Digital Millennium Copyright Act. If you are aware of or believe there is any infringing content or other material on the Software or any of our Services, please notify us. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
5.3 Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below. If, however, there is an issue that needs to be resolved, this Section 5.3 describes how both of us will proceed.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ACCUWEATHER AND ITS RELATED COMPANIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any claim or dispute between you and Accuweather or its Related Companies arising out of or relating in any way to the Software, Services, these Terms and Conditions, marketing by Accuweather or Third-Party Content, including claims that arise after the termination of these Terms and Conditions, shall be resolved through final, binding arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms and Conditions specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to proceed with a claim or dispute must first send to the other a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to Accuweather shall be sent via email to legal@Accuweather.com. Accuweather will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty (30) day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty (30) day cure period, you or Accuweather may commence an arbitration proceeding if the claim has not been fully satisfied.
The arbitration of any claim or dispute under these Terms and Conditions shall be conducted by one arbitrator exclusively in Orange County, California, and state or federal courts located in Orange County, California shall have exclusive jurisdiction and venue over any appeals of or motions regarding an arbitration award. The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.
If any aspect or portion of this Section 5.3 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 5.3 remaining in full force and effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE SOFTWARE BY SENDING AN EMAIL TO LEGAL@ACCUWEATHER.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SOFTWARE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
5.4 Jurisdiction and Venue. You and Accuweather agree that, as provided in Section 5.3, disputes shall be resolved by binding arbitration. You and Accuweather also agree that if you or Accuweather should nonetheless file a lawsuit against the other or the Related Companies, and regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 5.3, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Orange County, California, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.
5.5 Choice of Law. These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
5.6 Entire Agreement. These Terms and Conditions, in connection with any other user obligations and rules detailed in writing, constitute the entire agreement between you and Accuweather with respect to your use and access to the Software and Services, and can only be modified by Accuweather as set forth above with respect to Amendments.
5.7 Severability. If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
To contact Accuweather, please email us at support@Accuweather.com.
LAST UPDATED: June 8th, 2020