Terms and Conditions
Terms and Conditions of Use
General Information. The websites, www.WxIntegrations.com and www.GrowCaster.com (the “Sites”) are owned and operated by WxIntegrations, LLC (“we”, “us,” “our” or “WxIntegrations”). Listed below are the terms and conditions of use (collectively, the “Terms”) for these Sites. By using, accessing and/or viewing information and postings on, the content of, and the products and services (including, without limitation, Services) offered through, these Sites (collectively, “Products”), you agree to be bound by these Terms, as amended from time to time prior to such use, access and/or viewing. If you violate these Terms, WxIntegrations has the right to terminate your use of these Sites and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on these Sites. You understand and agree that your use of these Sites and access to the Products is a benefit voluntarily given by WxIntegrations, that WxIntegrations provides this benefit solely on condition that those who are seeking to receive such benefit and to access these Sites agree to be bound by these Terms, and that WxIntegrations may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms, you cannot use these Sites or the services and information offered herein.
Use of Service. You agree that these Sites and its Products are furnished, and shall be used, solely for your personal, business or institutional use and solely as permitted under these Terms. The term “Services” include providing access to these Sites and the Products and to other Internet-enabled or wireless means by which we provide the Products or other content to you or receive content from you, including, without limitation, other websites (including, without limitation, mobile websites), mobile applications, content and blog submission services, chat rooms, message boards, push notifications, SMS messaging, emails, social media and other means to deliver content to you at your request. Absent a supplemental agreement in writing with WxIntegrations or as permitted by the “Permitted and Restricted Uses” paragraph below, such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver all or any portion of the Products to any other person or entity, in any format (including, but not limited to, framing, deep liking or embedding), or by any other means (collectively, “Commercial Use”). You agree to use these Sites consistent with these Terms.
Permitted and Restricted Uses. You may use, access, download, view, copy and print Products incorporated in or accessed through these Sites subject to the following agreement by you to comply with the following:
- Products may be used for your own personal, informational, or internal purposes, provided, however, that if any such Products are provided under subscription or behind a pay wall implemented by WxIntegrations, you may use such Products only upon compliance with the payment policies of such subscription or pay wall.
- For Commercial Uses of Products on our Sites and/or WxIntegration’s social media platforms and accounts that are provided by WxIntegrations without charge (i.e., do not require a login and password and that are not behind a pay wall implemented by WxIntegrations) may be redistributed by you by embedding a link to these Sites or its Products, with attribution to WxIntegrations, in your own websites or postings, emails, or social media or accounts, in each case, for which payment of compensation to you is not required by you (i.e., by subscription by you or behind your own pay wall), provided that if WxIntegrations notifies you to remove such link, in its sole discretion, you shall immediately do so.
- For Commercial Uses of Products that are solely available via the login and password protected portion of these Sites, or offered by subscription or behind a pay wall implemented by WxIntegrations, are only for personal, informational and internal purposes and may not be redistributed without the express written permission of WxIntegrations.
- The Products may not be modified or altered in any way.
- The Sites and their Products may only be used for lawful purposes, and may not be used in a manner which violates or infringes the rights of WxIntegrations or of any third party.
- Any copyright or other proprietary notices on the Products must appear on all copies of the Products.
- Certain Products on these Sites may be subject to further restrictions on use, modification, copying and/or dissemination which shall override this general grant to use the Products.
- Access to and copying or distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, social media venues, etc.) shall be controlled by restrictions imposed by the originator of the content.
- Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from these Sites in whole or in part without proper reference to WxIntegrations.com or GrowCaster.com and/or the prior written permission of WxIntegrations. Requests to reprint or redistribute Products and other materials accessed from these Sites should be directed to the originator of the Products or materials.
- You may not use these Sites and/or the discussion forums to advertise or sell a product or service or to advertise or direct activity to other websites.
- You agree not to use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of these Sites or to use and/or monitor any information in or related to these Sites for any unauthorized purpose. Specifically, you agree that you shall not directly or indirectly (and shall not permit any of your officers, directors, partners, members, owners, shareholders, employees, and agents, and any other third party, either directly or indirectly) to do any of the following with respect to these Sites or their Products or WxIntegrations’ other websites, chat rooms, or social media platforms or accounts:
- Upload, post, email, transmit or otherwise make available any data or content on these Sites as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to these Sites, their Products and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and not to otherwise engage in any illegal, manipulative or misleading activity through use of these Sites or its Products;
- Use these Sites or the Products, or provide, link, or otherwise make available, any information on these Sites in ways that are unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, harmful to minors, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a WxIntegrations official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with WxIntegrations or any other person or entity;
- Upload, post or otherwise transmit any content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or other legally protected status;
- Upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, locations, information, entities or persons;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Upload, post, email, transmit, link to or otherwise make available any information on these Sites that infringes any intellectual property rights, including trade secrets, trademarks, copyright, or other proprietary rights of WxIntegrations or others (including confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services, including, without limitation, such services that are competitive with WxIntegrations;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by these Sites;
- Upload, post or otherwise transmit any material or software that contains software worms or viruses or any other computer code, files or programs that (or that are designed to) interrupt, destroy or limit the functionality or speed of any computer software or hardware or telecommunications equipment or interfere with, slow, or disrupt WxIntegrations’ and/or GrowCaster Sites or the servers or networks connected to WxIntegrations and GrowCaster, or disobey any requirements, procedures, policies or regulations of networks connected to WxIntegrations and GrowCaster; or
- Alter or delete information not provided by you, or interfere with the operation of these Sites in any way.
For WxIntegrations’ and GrowCaster Products, reprint and/or re-distribution requests should be sent to WxIntegrations at email@example.com subject: Redistribution/Reprint request.
Intellectual Property. Information or Products furnished by WxIntegrations or accessed through WxIntegrations and GrowCaster websites shall be considered proprietary information, ownership of which shall remain with WxIntegrations. Unless otherwise noted, all Products are to be considered copyrighted by WxIntegrations or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. Where obtained by subscription from WxIntegrations or from behind any paywall implemented by WxIntegrations, (a) you are authorized to use such Products only for the permitted uses stated herein and to store such Products during the applicable term therefor and (b) you may not store for future use such information beyond that period, nor develop a library of such information. You agree not to copy materials on these Sites without copyright acknowledgment, not to reverse engineer or break into these Sites, and not to use the Products to violate any law or these Terms.
Subject to WxIntegrations’ policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted by you (“Postings”) will be treated as non-confidential and non-proprietary and may be used freely thereafter by WxIntegrations for any purposes it deems appropriate including commercial gain. This includes, but is not limited to, information that you post on these Sites or otherwise submit via WxIntegrations’ third-party social media platforms or accounts. By submitting Postings and the material therein to WxIntegrations, you automatically grant, or warrant that the owner of such material has expressly granted, to WxIntegrations a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute any or all of such material and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of these Sites to access, view, download or reproduce the Postings and the material therein for any use permitted by these Sites. You grant WxIntegrations the right to use, edit, copy, display, publish and distribute any information or material in any Posting made available by you, on these Sites or otherwise.
Ownership of Trademarks. We have common-law trademark rights to the term “WxIntegrationsTM” and “GrowCasterTM” in connection with weather, meteorology, hydrology, and agriculture related services and are applying for federal trademark protection for the same and you agree that we own such trademark for such uses. You do not acquire or have any ownership, license or other proprietary interest in these Sites or the Products. You understand and agree that these Sites and the Products are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You agree not to use any protected Products without the express written consent of the owner of such rights except as permitted by law. THE TRADEMARKS OF WXINTEGRATIONS AND THE WXINTEGRATIONS AND GROWCASTER NAMES SHALL NOT BE USED BY YOU IN ANYWAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE, WITHOUT A SPECIFIC LICENSE TO DO SO FROM WXINTEGRATIONS OR AS EXPRESSLY PERMITTED UNDER THESE TERMS.
Monitoring. WxIntegrations shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on these Sites. Without limiting the foregoing, WxIntegrations shall have the right, but not the obligation, to remove any material that we, in our sole discretion, may find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by you or other third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of WxIntegrations.
Blogs/Discussions/Social Media. Blogs and social media platforms and accounts frequently allow individuals to share their perspective and comments on various topics (“Shared Information”). While WxIntegrations may produce an initial post, we recognize that there may be general public comments or other Shared Information as a response to such post. WxIntegrations does not monitor the content of the Shared Information twenty-four hours a day, nor, in some cases, at all, and, therefore, WxIntegrations does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than WxIntegrations’ authorized employees and representatives while acting within the scope of their official capacities. However, if a response post is reviewed and determined to be inappropriate or objectionable or contain a link to an inappropriate website, it will be removed. WxIntegrations is not responsible for, nor will have any liability with respect to, the information contained in any websites that may be accessed from such links including any objectionable or offensive content.
For information (which may include but is not limited to pictures, expertise and comments) that you provide to WxIntegrations via social media, blogs, or direct submission on our Site and email, you grant to WxIntegrations an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, prepare derivative works of, and distribute such information and materials. You further agree that WxIntegrations is free to use, transmit, and/or distribute any ideas, concepts or know-how that you or individuals acting on your behalf provide to WxIntegrations.
DISCLAIMER. WXINTEGRATIONS, GROWCASTER AND THEIR PRODUCTS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS AND SINCE THEY RELATE TO WEATHER, METEOROLOGY AND HYDROLOGY OBSERVATIONS AND FORECASTS. THE MODELING OF SUCH NATURAL PHENOMENA ARE SUBJECT TO INHERENT UNCERTAINTIES AND RISKS OF ERROR. WXINTEGRATIONS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CURRENCY OF THESE SITES OR ITS PRODUCTS OR THE RELIABILITY OR ULTIMATE LIKELIHOOD OF OCCURRENCE OF ANY ADVICE, ALERTS, RECOMMENDATIONS, FORECAST, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THESE SITES. INFORMATION IS PROVIDED FOR GUIDANCE PURPOSES ONLY. IN ADDITION TO THE ADVICE, ALERTS, RECOMMENDATIONS, FORECASTS, OPINIONS, STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THESE SITES, MAY NOT INCORPORATE ALL THE INFORMATION NEEDED TO MAKE INDIVIDUAL AND OPERATIONAL SPECIFIC DECISIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, FORECAST, OPINION, STATEMENT, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. WXINTEGRATIONS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THESE SITES OR ITS PRODUCTS AT ANY TIME WITHOUT NOTICE TO YOU. WXINTEGRATIONS MAY MAKE ANY OTHER CHANGE TO THESE SITES, THE PRODUCTS, ITS SERVICES OR PRICES (IF ANY) DESCRIBED IN THESE SITES AT ANY TIME WITHOUT NOTICE, AND ALL SUCH CHANGES SHALL BE EFFECTIVE WHEN MADE THESE SITES, THE INFORMATION AND OTHER PRODUCTS ON THESE SITES, AND THE SOFTWARE AND TOOLS MADE AVAILABLE ON THESE SITES, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. WxIntegrations assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any information or other Products provided in or through these Sites. Without limiting the generality of the foregoing, you agree that neither WxIntegrations nor any of its affiliates, members, owners, shareholders, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to (a) these Sites or its Products, (b) any viewing or use of any information or other Products on, or access through, these Sites, or (c) or any contractual or other dealings or relationships you may have with third parties based upon any information included in the Products that you receive from WxIntegrations. You acknowledge that the limitations in this Section are reasonable and appropriate.
YOU ACKNOWLEDGE THAT IN CIRCUMSTANCES INVOLVING WEATHER EVENTS, FLOODING, AND NATURAL DISASTERS, FEDERAL, STATE, COUNTY AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL CRITICAL WEATHER INFORMATION INCLUDING WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS AND YOU WILL TIMELY MONITOR AND RELY UPON THESE RATHER THAN ON PRODUCTS ON THESE SITES.
Indemnification. You agree to indemnify and to hold WxIntegrations and its members, owners, shareholders, affiliates, business partners, officers, advisors, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney’s fees) arising out of your use of these Sites, including, without limitation, any violations by you of the Terms. By providing or posting Postings and any data or material therein, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any cause whatsoever.
Viruses. As these Sites are accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or software or other property as a result of your access to, viewing of or downloading any Products from these Sites. We do not warrant that these Sites, their servers or any Products downloaded from these Sites are free from viruses, worms, bugs or other harmful components.
Modifications/Termination. Without limiting its other remedies, WxIntegrations may immediately discontinue, suspend, terminate or block your and any user’s access to these Sites at any time in its sole discretion, without any liability to you. WxIntegrations may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are posted to these Sites. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. WxIntegrations does not assume any obligation to notify you of changes to these terms and conditions.
The parties agree that JAMS’ Optional Arbitration Appeal Procedure shall apply.
Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding, including the arbitration hearing, and any Award, except (1) as may be necessary to prepare for or conduct the arbitration hearing on the merits, or (2) as may be necessary in connection with a court application for a preliminary remedy or for enforcement of an Award, or (3) as may be otherwise required by law, judicial decision, or other forms of legal compulsion.
SUBSCRIPTION TERMS FOR NO-CHARGE EMAIL UPDATES AND PRODUCTS
The following additional terms shall apply to any emails or other Products or subscriptions to the Site for which WxIntegrations does not charge fees or subscription charges, and, to the extent inconsistent with any of the other provisions of these Terms, shall control:
No Subscription Fees. Your subscription is included at no cost to you.
Subscription Term. Your subscription will begin on the date that you click “I agree”. You will have the right by notice to WxIntegrations to terminate the subscription at any time and for any reason. You may unsubscribe from the “unpaid” emails at any time by selecting the “unsubscribe” notice at the end of each email. Upon selection of this link, you will immediately be “unsubscribed.” WxIntegrations will have the right by notice to you to terminate the subscription at any time and for any reason.
Advertising. Your no-charge email updates and subscription is included at no cost to you. In accepting the no-charge subscription, you acknowledge that you may receive paid advertising as part of the email updates and/or subscription, as the case may be, as it is the revenues from that advertising that enables WxIntegrations to provide the no-charge email updates and subscriptions at no cost to you.
Notices. Any notices from WxIntegrations will be sent to the e-mail address that you provided when you registered for email notifications of no-charge emails of blog posts. When you submitted your information and confirmed your email address, you “agreed” to sign up for the subscription as well as the Terms of WxIntegrations. You may unsubscribe from the emails at any time by selecting the “unsubscribe” notice at the end of each email and putting “UNSUBSCRIBING” in the caption of the email.
Transmission Failures. WxIntegrations will use commercially reasonable efforts to publish and transmit the no-charge email updates on a timely basis. WxIntegrations is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any such emails; or for the failure to transmit due to any natural disasters, wars, labor strike or other events beyond the control of WxIntegrations.
SUBSCRIPTION TERMS FOR PAID EMAIL UPDATES AND ACCESS BEHIND OUR PAY WALL
The following additional terms shall apply to any emails or other Products or Subscriptions to WxIntegrations, GrowCaster and other Sites for which WxIntegrations charges fees or subscription charges, and, to the extent inconsistent with any of the other provisions of these Terms, shall control:
Subscription Fees. Your fees or subscription charges must be paid in advance.
Subscription Term. Your paid access rights and/or subscription will begin on the date that you comply with the procedure set forth in “Paid-Subscriber Agreement” and click the “Submit” button, and will terminate on the earlier to occur of your or our cancellation of those rights or subscriptions or the expiration of the access or subscription term set forth on these Sites. You will have the right by notice to WxIntegrations to terminate the subscription at any time and for any reason. WxIntegrations will refund your monthly subscription if you contact us within 5 days of being charged. However, after 5 days, we will not prorate the unused portion of the subscription and your cancellation will take effect with the following month. WxIntegrations will have the right by notice to you to terminate the subscription at any time and for any reason, provided that if WxIntegrations does so prior to the end of the relevant subscription term, we will refund the pro rata portion of the unused subscription. To cancel your subscription to paid email services, contact your WxIntegrations representative.
For some paid subscription offerings, WxIntegrations offers a free trial period. If you provided your payment information during the trial period, you will be automatically billed and you will not experience a gap in your subscription. Otherwise, your account will be placed on hold until you provide payment informaiton.
Advertising. In addition to your fees or subscription charges charged by us, you acknowledge that you may receive paid advertising as part of the email updates or subscriptions.
Passwords. You shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining the confidentiality of account access information and for all charges made to your account using your password, whether by you or by any third party.
Limitations on Permitted Uses. You may access, view and make copies of information in the paid-for emails and other Products only for your personal and commercial use. You may not publish or otherwise distribute any information in the paid-for emails and other Products for any purpose without written consent from an official representative from WxIntegrations.
Transmission Failures. WxIntegrations will use commercially reasonable efforts to publish and transmit the subscribed-for emails or other Products on a timely basis. WxIntegrations is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any such emails; or for the failure to transmit due to any natural disasters, wars, labor strike or other events beyond the control of WxIntegrations.
Dated June 25, 2017