Terms of Service
Who we are
These Terms of Service define the rights, obligations and restrictions regarding your intentional or accidental use (“Use”) of any services from WEATHERNATION or its affiliates (the “Services”). By submitting a photo and/or video to WEATHERNATION, by tagging WEATHERNATION on social media with photos/videos, or posting to WEATHERNATION social media pages with photos/videos or when you click the “I agree” button within WEATHERNATION applications, or use of any of the Services, you contractually agree to be bound by these Terms of Service as well as all applicable laws, including without limitation, the Electronic Signatures in Global and National Commerce Act. In order to Use some Services, you may be required to download other software or content and/or agree to additional terms and conditions, including without limitation, those provided by third parties. Unless otherwise expressly stated, any additional terms and conditions are hereby incorporated into these Terms of Service.
You must read these Terms of Service carefully and you should save or print them for future reference. If you do not agree with everything contained herein, you should not click “I agree” and you must leave WEATHERNATION immediately. If after you have clicked “I Agree”, you decide that you no longer agree to the Terms of Service, you must notify us of the same by e-mail at tos@weathernationtv.com and immediately discontinue your Use of the Services,. WEATHERNATION reserves the absolute right to modify these Terms of Service at any time, without notice so you should review them from time to time in order to be aware of any changes that may affect you and/or your Use of the Services. Modified Terms of Service will be designated by an updated version date at the bottom of this page. WEATHERNATION also reserves the right to add, modify, or cancel any Service for any reason or no reason, at any time, without notice and without liability. Should you have questions regarding anything contained in these Terms of Service, please send an e-mail to us at tos@weathernationtv.com.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND WEATHERNATION UNDER THESE TERMS OF SERVICE TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND WEATHERNATION WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THE SERVICES AND ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
1.General
The Services include all means by which WEATHERNATION provides content to you or receives content from you, including, without limitation, WEATHERNATION’s websites, downloadable software applications, delivery of WEATHERNATION content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to WEATHERNATION, chat rooms, and message boards. The Services are owned and operated by WEATHERNATION. WEATHERNATION has the right at any time to change or discontinue any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.
2.Registration and security
You take full responsibility for your participation in the Services. As a condition of using certain features of the Services, you may be required to register on the Services and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. WEATHERNATION reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify WEATHERNATION immediately if you suspect any unauthorized use of, or access to, your account or password.
3. Access
The Services are intended solely for your personal and non-commercial use. WEATHERNATION may change, suspend or discontinue any Service (or any feature thereof) at any time. WEATHERNATION may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WEATHERNATION may undertake from time to time; or (iii) causes beyond the control of WEATHERNATION or which are not reasonably foreseeable by WEATHERNATION. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with WEATHERNATION or provide your personal information to WEATHERNATION. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Services only if you have the consent of your parent or guardian, including consent to these Terms of Service on your behalf. If you subscribe to WEATHERNATION and wish to create subprofiles (if available) under your subscription, you must ensure all users of such subprofiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).
4. Termination
Unless terminated by WEATHERNATION in its sole discretion, these Terms of Service remain in full force and effect while you use the Services. You may terminate your account on the Services at any time, for any reason, by emailing tos@weathernationtv.com, Subject: Terminate My Account. WEATHERNATION may terminate your account and/or access to the Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Services is terminated by you or by WEATHERNATION, these Terms of Service will remain in effect with respect to your past and future use of the Services. Any rights to your account terminate upon your death.
5. Fees
You acknowledge that WEATHERNATION reserves the right to charge subscription fees for any portion of the Services. WEATHERNATION will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If WEATHERNATION suspends or terminates your account and/or access to the Services because you have breached these Terms of Service or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.
6. Purchasing services or products
In connection with a purchase of any service, subscription or product on the Services (“Services Products”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party selected by, but not affiliated with, WEATHERNATION (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Services Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Services you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor.
WEATHERNATION makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Services Product with the Processor. WEATHERNATION provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on the Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your Personal Financial Information, WEATHERNATION will in no way be responsible or liable to you for any such breach.
WEATHERNATION will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The Services Products that are offered for sale by WEATHERNATION or its corporate affiliates are each referred to as an “Offering”. Terms related to a specific product or service will accompany the Offering. In addition, these terms of sale apply to all Offerings. To make a purchase on the Services, you must be a registered WEATHERNATION user. WEATHERNATION sells its products only to those users who can legally make purchases with a credit card. You must be eighteen years of age to make a purchase on the Services, or, if you are under the age of eighteen but over the age of thirteen, you may make purchases on the Services with the knowledge and consent of your parent or legal guardian. WEATHERNATION reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Services, you authorize WEATHERNATION, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if we accept it. All payments are to be made in United States Dollars.