By accessing any pages, products or services of Mid-Atlantic WX.com, you agree you have read and agreed to these terms and conditions of use. If you do not agree to these conditions, you will not use this web site.
As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through this service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.
Rules For Online Conduct
By using the service, you agree that you will not attempt
to undermine the integrity of this web site.
Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
THE WEATHER RELATED PRODUCTS, GRAPHS, GRAPHICS AND SERVICES AVAILABLE AT MID-ATLANTIC WX.COM ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU MUST AGREE TO HOLD HARMLESS THIS WEBSITE, OWNERS AND ASSIGNS FROM ANY LIABILITY RELATED TO DISSEMINATION OF WEATHER FORECASTS AND WARNINGS. THIS WEB SITE AT NO TIME GUARANTEES TIMELY DELIVERY OF WEATHER INFORMATION AND YOU AGREE TO ALWAYS FOLLOW YOUR LOCAL NATIONAL WEATHER SERVICE FORECAST CONTENT; INCLUDING GOVERNMENT ISSUED WARNING INFORMATION.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES
OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR
USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
Terms and Conditions For Premium Weather Subscribers.
If you are
a Premium Service Weather subscriber, you have paid for an
approved and authorized User ID and Password. You agree to
access Premium Weather Service content on this web site by
using only the authorized User ID and Password sent to you
by Mid-Atlantic WX.com. You are NOT permitted to assign,
transfer or otherwise permit any other individual to use
your User ID and Password. We reserve the right to verify
internal login data files to examine your login activity.
IF AT ANY TIME WE OBSERVE MULTIPLE LOGIN ACTIVITY USING
BY SAME USER ID LICENSED FOR INDIVIDUAL USE, THE USER ID
AND PASSWORD WILL IMMEDIATELY AND WITHOUT NOTICE BE
TERMINATED WITHOUT REFUND TO YOU, THE CUSTOMER. You
understand and agree this is theft of intellectual
property and will not permit any other individual(s),
group, corporation, LLC or organization to use your User
ID and Password. Additionally, you agree to access Premium
Weather Service products, pages and graphics only with the
use of a standard browser. The use of any other software
or hardware is prohibited and subject to immediate
revocation of access ability, without refund.
As an additional security measure, a Login and Password combination will be permitted to access the site no more than five (5) times in any two-hour period. We do this to ensure no one else is using your credentials. If you are reconnecting from the same network subnet, our server will recognize this and the account will NOT be temporarily disabled. A Username/Password that is used more than five (5) times from more than one IP address in a two-hour period will trigger this temporary suspension. This does not change our policy specified above: multiple login activity using the same credentials results in immediate termination of the account.
Reproduction Prohibited. You, the customer also agree to not reproduce or retransmit, in any manner, any Premium Service product or graphic on a web site without expressed prior written permission from Mid-Atlantic WX.com. This includes, but is not limited to, posting graphics on a personal web site, discussion board or group, or blog.
The web site makes a good faith effort to provide products and services on a timely basis. If, however, you do not receive these products and services through neglect or negligence on the part of Mid-Atlantic WX.com, you are eligible to receive a refund for the amount of time the products and services were unavailable to you. We calculate this on a per-day basis by the following method: full season subscription is for the period of June 1, 2007 through December 31, 2007. The full season price is $24.00. The per-day rate for this subscription is $0.133. Therefore, Mid-Atlantic WX.com will refund the amount of $0.13 (thirteen cents) per day. This reimbursement shall be NOT be offered if our failure to deliver products or service is caused by anyone or anything other than Mid-Atlantic WX.com. This includes, but is not limited to an act of God, force majeure or any other circumstance beyond the control of Mid-Atlantic WX.com