Better Weather Story - Terms of Use

BETTER WEATHER STORY LLC Terms of Use Agreement

Last Updated: January 26, 2023

Welcome to the weather information platform owned by BETTER WEATHER STORY LLC, an Ohio limited liability company (together with its affiliates, “BETTER WEATHER,” “we,” “us”, or “our”). Please read this Terms of Use Agreement (“Agreement”) carefully, as it constitutes a legally binding agreement and applies to your use of (a) all versions of betterweatherstory.com, portal.betterweatherstory.com, and all corresponding platforms, domains, subdomains, web pages and websites associated therewith (collectively, the “Platform”) and (b) any other content, widgets, subscriptions, features, functionality, information and services offered by us though the Platform (the foregoing subsections (a) and (b) are collectively referred to herein as the “Services”), and it applies to all persons who use our materials, products and Services.

TABLE OF CONTENTS

Acceptance of Terms
Term and Termination
Modifications
Eligibility
User Registration
Privacy
Our Ownership Rights
Rules for Use of The Services
Third Party Social Media Services
User Content
Subscription Agreements
Access to The Services; Device Requirements; Usage Rules
No Responsibility to Review or Monitor
Digital Millennium Copyright Act
Support
Third Party Services
Promotional Partners
Indemnity
Disclaimer of Warranties
Limitation of Liability
Governing Law and Jurisdiction
Limitation on Time to File Claims
Jurisdictional Issues; Export Control
Miscellaneous

1. ACCEPTANCE OF TERMS

This Agreement applies to all users of the Services (“User,” “you” or “your”), whether you are accessing them via a desktop computer, a laptop computer, a wireless or mobile device or any other IP-enabled technology (each, a “Device”). By using the Services, you acknowledge and agree that you shall comply with this Agreement, our Subscription Agreement (the “Subscription Agreement”) and any additional terms and conditions that we provide to you in connection with the Services and other products and services we may offer or make available to you (e.g., promotional terms, ecommerce terms, software licenses, social media terms, etc.) (“Additional Terms”). Our Privacy Policy (“Privacy Policy”) and the Additional Terms are hereby incorporated into this Agreement by reference as though fully set forth herein. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

2. TERM AND TERMINATION

This Agreement shall remain in effect while you use the Services. Except as otherwise expressly set forth in any agreement between you and BETTER WEATHER, you may terminate your use of, subscription to, or registration for the Services at any time, for any reason. Even after your use, subscription, and/or registration is terminated, your obligations under this Agreement, the Privacy Policy and the Additional Terms, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect. Additionally, BETTER WEATHER reserves the right at any time to terminate and/or suspend access to the Services or any portion thereof, or to modify any of the Services or any aspect of the Services, including, without limitation, the content, features, functions, and availability of the Services, without notice (except as and when required by law or as stated in this Agreement). In addition, your license to the Services may, at BETTER WEATHER's discretion, be terminated when new versions of the Services are released, and your use of such new versions, if you choose to use them, will be governed by the Terms of Use made available by BETTER WEATHER at such time.

3. MODIFICATIONS

We may modify this Agreement from time to time without notice to you for any reason. We will provide or display notices of material changes on the Services and/or e-mail or notify you upon login about these changes – the form of such notice is at our discretion. Once we post or make available such changes on the Services, these changes become effective immediately, and if you use the Services after they become effective, it will signify your agreement to be bound by such changes. We recommend that you check back frequently and review this Agreement regularly, so you are aware of the most current rights and obligations that apply to you.

4. ELIGIBILITY

By using the Services, you represent, warrant and covenant to BETTER WEATHER that you are 13 years of age or older (if you are located in the United States) or 16 years of age or older (if you are located outside of the United States). Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a User between the ages of 13 and 18 (or the age of majority in your jurisdiction), please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf, and parental discretion is advised for all Users under the age of 18 (or the age of majority in the applicable jurisdiction).

5. USER REGISTRATION

In order to access and use certain content, features or functionality of the Services, we may require that you register for the applicable Services, have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your business address, business type, business website, use type at business, usage at business and revenue, email address, legal name, date of birth, country of residence, zip code, performing rights organization affiliation, tax id number, bank account information, and/or affiliation (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate, and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your director, officer, employee, representatives and/or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify BETTER WEATHER of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services suspected of fraudulent or otherwise improper submissions, registrations or uses or if we believe there is a question about the identity of the person trying to access any User Account or element of the Services.

6. PRIVACY

We respect your privacy and the use and protection of your personal information. Our information collection and use policies are set forth in our Privacy Policy. We encourage you to read and use the Privacy Policy to make informed decisions.

7. OUR OWNERSHIP RIGHTS

As between you and BETTER WEATHER, BETTER WEATHER (and/or its licensors) owns all right, title and interest in and to the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Except as expressly authorized by BETTER WEATHER and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, perform, create backup copies of, or archive the Services, including, without limitation, any content therein, without the express, prior written consent of BETTER WEATHER or its owner if BETTER WEATHER is not the owner.
You further understand and agree that the framing or scraping of, or in-line linking to, the Services and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services.

8. RULES FOR USE OF THE SERVICES

The Services are to be used solely for your non-exclusive (unless you have purchased exclusivity), non-assignable, non-transferable, proper personal, and/or business use and not in the operation of any other business outside of or in addition to your ordinary course of business and subject to the restrictions in this Agreement.
You may create derivative works from the Services solely for your commercial or business use on (i) commercial television stations you own or control, (ii) your social media pages, websites, or mobile software applications you own or control, and (iii) on-air television broadcasts you own or control. You are solely responsible for your conduct and the conduct of any of your directors, officers, employees, representatives, and/or agents in connection with the Services.

Optional Exclusivity:

If you have purchased exclusivity for a specific commercial television station, usage type, and/or location (“Exclusivity Field”) as specified in your exclusive subscription agreement with us, then we will provide the Services exclusively to you and no other person within the Exclusivity Field.

You must not:

alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create backup copies of or archive any part of the Services, or encourage, assist or authorize any other person in doing so;
except as expressly authorized by BETTER WEATHER and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create backup copies of, archive, or perform the Services, including, without limitation, any content therein, without the express, prior written consent of BETTER WEATHER or its owner if BETTER WEATHER is not the owner;
engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party, (b) affects adversely or reflects negatively on BETTER WEATHER, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, and/or (c) discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;
impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity; and/or
solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering,” “screen scraping,” “phishing,” “database scraping” or any other activity with the purposes of obtaining lists of other Users or other information.

If BETTER WEATHER enables you to submit and/or post any information or content to the Platform in connection with any of the Services, you shall not submit, post, and/or otherwise make available through the Services any User Content (as such term is defined below) that:

you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; and/or
is or may be construed as in violation of this Agreement, as determined in BETTER WEATHER's sole discretion.

9. THIRD PARTY SOCIAL MEDIA SERVICES

BETTER WEATHER may enable the use of and/or utilize certain social media features and functionality in connection with your use of the Services, including, without limitation, in order to enable you to log in to the Services via third party online services (“Third Party Social Media Services”). By logging in to the Services using account information from a Third Party Social Media Service or enabling functionality from or engaging in the use of Third Party Social Media Services as part of your use of the Services, you agree that we may transmit your login credentials and other related information to the providers of Third Party Social Media Services and may receive other information from such Third Party Social Media Services regarding you. For more information about our information collection and use policies with respect to the privacy of such information, please see our Privacy Policy.

10. USER CONTENT

BETTER WEATHER may provide you and other Users with an opportunity to participate in viewing communities and other message, customer support, feedback, comment and communication features on the Services, including, without limitation, in connection with Third Party Social Media Services that provide you with the opportunity to submit, post and otherwise make available content, feedback, messages and other information via the Services (collectively, “User Content”). You agree that (i) you have no expectation of privacy in any User Content and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and BETTER WEATHER by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. You may not submit, upload, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, including, without limitation, Section 8 above, and/or that we deem otherwise unacceptable, as determined in BETTER WEATHER's sole discretion.
We do not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content; provided, however, that by submitting, uploading, posting, emailing, displaying, transmitting or otherwise making available any User Content, you grant to BETTER WEATHER the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or Devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Services and any other websites, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to BETTER WEATHER, in our sole discretion.
You represent, warrant and covenant that (i) you own any and all User Content you make available or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein, and (ii) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.

11. SUBSCRIPTION AGREEMENTS

Terms and Conditions for the BETTER WEATHER Platform Subscriptions

General Terms and Conditions. By purchasing the Platform subscription on or any other subscription on offerings for the Platform, you accept and agree to be bound by this Subscription Agreement (the “Subscription Agreement”). If you do not agree to this Subscription Agreement, you may not use the Platform. This Subscription Agreement incorporates the Terms of Use located at Terms of Use (“Terms of Use”), and your agreement to this Subscription Agreement also constitutes your agreement to the Terms of Use. The Platform subscription and any other subscription offerings for BETTER WEATHER's Platform constitute “Services” as defined under the Terms of Use. If any terms or conditions in this Subscription Agreement conflict with any terms or conditions in the Terms of Use, the terms or conditions in this Subscription Agreement will control. Additionally, your agreement to this Subscription Agreement constitutes your acknowledgement of our Privacy Policy (the “Privacy Policy”) located at Privacy Policy.

The Platform is available only in the U.S.A. By subscribing to the Platform, you represent that you are at least 18 years of age or older. If you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into this Subscription Agreement, use the Platform, provide information to portal.betterweatherstory.com, and fulfill the obligations stated in this Subscription Agreement, which forms a binding contract between you and BETTER WEATHER. You authorize BETTER WEATHER to collect, use, share and store the information you provide upon registration and thereafter in accordance with the Privacy Policy. By subscribing, you represent and warrant that your email address and any other information that you choose to provide is accurate, and you agree to update such information as necessary. You acknowledge and agree that BETTER WEATHER may rely on the use of your log-in credentials (such as an email address along with a password) to provide access to your account and the information you have provided. You are responsible for all use of your account and for ensuring that all use complies with this Subscription Agreement.
Subscription and Auto-Renewal. Your subscription to the Platform is provided for a specific billing period such as monthly or yearly, and unless otherwise noted in the terms of your offer, your subscription will continue and automatically renew at the end of the billing period you choose, unless cancelled in accordance with the instructions for cancellation below. Payment for the first billing period in the amount shown to you at the time of purchase (plus applicable taxes) will be charged to your chosen payment method at confirmation of purchase, and because your subscription automatically renews, payment for each additional billing period (plus applicable taxes) will then be charged at the start of each additional billing period, unless you cancel your subscription. For subscriptions with a yearly billing period or longer, we will notify you of the pending renewal of your subscription at least thirty (30) days prior to the date your subscription renews, except as otherwise required by law. Unless we notify you in advance of a price change as further described below, the renewal rate for each additional billing period will be no more than the rate for the immediately prior billing period unless you received promotional or discount pricing as disclosed to you as part of a specific offer (for example, offers for a discounted first month or first year rate). At any time, you can stop your subscription from renewing for an additional billing period after the then-current billing period by canceling your subscription as described below.
Cancellation. You may cancel the renewal of your Platform subscription at any time before the end of the current billing period or free trial, and the cancellation will take effect at the end of the current billing period or free trial. If you cancel, your subscription will not renew for an additional billing period. Please note that you will not receive a prorated refund of charges for the current billing period, but you will continue to have access to the service through the end of the current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription). To cancel, you may log in to your account at portal.betterweatherstory.com, select cancel and follow the prompts to cancel or you may email BETTER WEATHER Customer Support at Customer Support indicating your choice to cancel. If you purchased your Platform subscription via a third party, please follow the cancellation instructions set out by the applicable third party.
Price Changes. We reserve the right to change the price of your subscription for billing periods after your then-current billing period. In the event of a price change, we will provide reasonable notice to you before the price change, such as by emailing you or by providing notice when you visit the Platform, as required by law. If you do not wish to agree to the changed price for future billing periods, you may cancel your subscription in accordance with the instructions for cancellation above. If you do not cancel your subscription after notice of the price change and prior to the start of your new billing period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for the new price (plus applicable taxes).
Free Trials. From time to time in our discretion, we may offer free trials allowing you to enjoy a Platform subscription for a period of time at no charge. With a free trial offer, you provide a payment method and authorize us to charge the subscription price (plus applicable taxes) to your payment method and begin your paid subscription if you do not cancel (according to the instructions for cancellation above) before the free trial ends. You can cancel the subscription without incurring any charges any time before the end of your free trial. Unless otherwise required by law, you will not receive a notice that your free trial is about to end or has ended, or that your paid subscription has begun. Availability of a free trial is not guaranteed and, if available, may only be available to those who have not previously accepted a free trial offer for the Platform, at our discretion.
Subscription Options. From time to time, we may offer different subscription options, including subscriptions to third-party products and services or subscription bundles that include subscriptions offered by BETTER WEATHER along with those offered by third parties. If you choose to purchase such offerings, you agree that we may charge your payment method on file for any included third-party products and services.
Refund Policy. All subscriptions are non-refundable unless otherwise required by law. We do not provide refunds or credits, including for partially used billing periods, such as in the event that you decide to delete your Platform account, which would prevent you from being able to sign in and access the Platform. If you cancel your subscription, you will continue to have access to the service through the end of your current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription), but your subscription will not renew for an additional billing period.
Service Limitations. The number of internet protocol addresses (“IP addresses”) that may access the Services of the Platform under your account is currently limited to three (3) IP addresses. We reserve the right to disable use of your subscription if we notice excessive IP addresses accessing the Services or other unusual activity using your account. The number of simultaneous IP addresses that may access the Services under one account may change from time to time at our discretion.
Changes to Subscription Agreement. BETTER WEATHER may modify the terms and conditions of this Subscription Agreement in its discretion. BETTER WEATHER will notify you of significant modifications by email or by providing notice on the Platform. Modifications shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective thirty (30) days after notice has been provided to you.

12. ACCESS TO THE SERVICES; DEVICE REQUIREMENTS; USAGE RULES

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to the entire Platform, to registered Users and/or otherwise, as we determine in our sole discretion.
In order to access and use the Services, you may be required to use Device(s) and other technology meeting certain system, configuration and other requirements established by BETTER WEATHER, its content partners, licensors and other third parties, and you are responsible for ensuring that your Device(s) and other technology meet all such requirements. In addition, you are responsible for any data access, network and/or other service rates and charges you may incur in connection with your Device and use of the Services.
You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technological and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times and shall not violate or attempt to violate any security components thereof.

13. NO RESPONSIBILITY TO REVIEW OR MONITOR

BETTER WEATHER assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time BETTER WEATHER chooses in its sole discretion to monitor the Services, BETTER WEATHER nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to BETTER WEATHER, as determined in BETTER WEATHER'S sole discretion; provided, however, that BETTER WEATHER shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. Further, you acknowledge, consent and agree that BETTER WEATHER may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process, (b) enforce this Agreement, (c) respond to claims that any content or information violates the rights of any third party, (d) respond to your requests for customer or technical service, or (e) protect the rights, property or personal safety of BETTER WEATHER, Users or any third parties including acting in urgent circumstances.

14. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner, or an agent thereof, and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:

Better Weather Story LLC
Attention: Scott Dimmich and/or W. Andrew Kirkman
Email Address: support@betterweatherstory.com
If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to make such content available to BETTER WEATHER for use on the Services, you may send a counter-notice containing the following information to our Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
4. Your name, address, telephone number and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, BETTER WEATHER may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BETTER WEATHER's sole discretion.

15. SUPPORT

For assistance with technical issues and other questions, please refer to and/or contact us via our customer support online contact and submission page (“Customer Support”) located at Customer Support.

16. THIRD PARTY SERVICES

The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services or (b) any third party websites, content, data, information, applications, widgets, goods, services or materials, including Third Party Social Media Services (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of BETTER WEATHER, its affiliates or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Promotional Partners (as defined below), suppliers or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including their privacy policies), whether the Services' or BETTER WEATHER's logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services with which you interact obtains or collects personal information from you, in no event does BETTER WEATHER assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

17. PROMOTIONAL PARTNERS

From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our sponsors or other promotional partners (collectively, “Promotional Partners”) found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Promotional Partners and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Promotional Partners or any goods or services you may purchase or obtain from any Promotional Partners).

18. INDEMNITY

You agree to indemnify, defend and hold BETTER WEATHER, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Promotional Partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees), arising in any way out of or in connection with you, your directors, officers, employees, representatives, and/or agents (a) use of the Services, (b) breach or violation of this Agreement, (c) reliance upon any BETTER WEATHER content, material, opinions and/or documentation; (d) infringement of the intellectual property rights of any third party; and/or (e) your User Content. BETTER WEATHER reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

19. DISCLAIMER OF WARRANTIES

THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, THE SITE AND THE APPS, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES OR RELIANCE UPON THE CONTENT, PRODUCTS AND/OR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, PRODUCTS, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT BETTER WEATHER ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BETTER WEATHER, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, PROMOTIONAL PARTNERS, OPERATORS, SUPPLIERS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES, THE PRODUCTS, THE BETTER WEATHER CONTENT, THE BETTER WEATHER OPINIONS, THE BETTER WEATHER DOCUMENTATION OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU UNDERSTAND AND AGREE THAT, THE SERVICES AND THE WEATHER, ENVIRONMENTAL AND OTHER INFORMATION MADE AVAILABLE THROUGH THEM, ARE MADE AVAILABLE ONLY FOR YOUR CONVENIENCE AND REFERENCE AND ARE NOT INTENDED AS, NOR SHOULD THEY BE TREATED AS, A SUBSTITUTE FOR INFORMATION PROVIDED BY OFFICIAL GOVERNMENT AUTHORITIES AND EMERGENCY SERVICES. YOU ARE CAUTIONED TO CONSIDER CAREFULLY THE PROVISIONAL AND ADVISORY NATURE OF THE INFORMATION AND TO CHECK WITH YOUR OFFICIAL GOVERNMENT AUTHORITIES AND OTHER SOURCES OF INFORMATION BEFORE MAKING DECISIONS THAT CONCERN PERSONAL OR PUBLIC SAFETY OR PROPERTY OR THE CONDUCT OF BUSINESS.

21. GOVERNING LAW AND JURISDICTION

This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Ohio (notwithstanding the State's conflict of law provisions) applicable to contracts made, executed and wholly performed in Ohio, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Ohio and the County of Hamilton and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, REGARDING YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

22. LIMITATION ON TIME TO FILE CLAIMS

ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).

23. JURISDICTIONAL ISSUES; EXPORT CONTROL

The Services are controlled and operated by BETTER WEATHER from its offices in the U.S. BETTER WEATHER makes no representation that the Services are appropriate or available for use outside the U.S. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

24. MISCELLANEOUS

This Agreement contains the entire understanding and agreement between you and BETTER WEATHER concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The terms “include,” “includes” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. The failure of BETTER WEATHER to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by BETTER WEATHER without restriction, notice or other obligation to you.

This Agreement was last modified on the date indicated above and is effective immediately.