TERMS AND
CONDITION OF USE
Welcome to the theweatherclub.com
Terms and Conditions of Use Agreement (the “Agreement”). This Agreement describes the terms and
conditions applicable to your use of the http://www.theweatherclub.com Web site
(“Site”).
By accessing or using this Site,
you intend to and expressly agree to be bound by all the terms and conditions
of this Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference. La Crosse Technologies, Ltd. (“La Crosse”)
may amend this Agreement at any time by posting the amended terms on the Site.
If you do not agree to these terms and conditions of use, please cancel this
transaction and do not use this Site.
1. Service Terms
a. Use of Site. La
Crosse grants you a limited license to access this Site to view information on
the Site and make purchases provided your use of the Site is solely for your
personal, noncommercial use. You agree
to not copy or distribute any part of the Site in any medium without La Crosse’s
prior written authorization. You further
agree you will not alter or modify any part of the Site other than as may be
reasonably necessary to use the Site for its intended purpose, and you will
otherwise comply with all the terms and conditions of this Agreement. The permission granted to you shall terminate
automatically if you breach any of these terms and conditions. La Crosse reserves the right to modify or
remove any materials or products listed on the Site at any time without notice.
b. Prohibited Use of Site. You shall not make any commercial use of this
Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any
account information for the benefit of any merchant or use any data mining,
robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without the express written consent of La
Crosse. You agree not to interfere,
disrupt, or attempt to gain unauthorized access to other accounts that use this
Site or any other computer network. You
further agree not to disseminate, store, or transmit viruses, trojan horses, or any other
malicious code or program or engage in any other activity deemed by the La
Crosse to be in conflict with the spirit or intent of this Agreement. You further agree not to use this Site to:
(I)
upload, post, or transmit any content for purposes of
political campaigning or commercial solicitation or that is unlawful, threatens
another person or entity, defamatory, vulgar, obscene, libelous, invades the
privacy of another, or otherwise objectionable;
(II)
impersonate another user of this Site including an
employee of La Crosse;
(III)
intentionally or unintentionally violate any local,
state, or federal law;
(IV)
upload, post or transmit any software of files that
contain software viruses or other harmful computer code;
(V)
interfere with the operation of La Crosse’s Web servers
or other computers or Internet or network connections;
(VI)
upload, post, or transmit any information, pictures,
graphics or other content that violates the copyright, patent, trademark, or
trade secret rights of another party;
(VII)
upload, post or transmit any unsolicited or
unauthorized advertising, including spam; or
(VIII) alter,
damage or delete any content or other communications that is not your own or
otherwise interfere with the ability of others to access this Site
If La Crosse is notified of any
of the above violations, La Crosse may investigate the allegation and determine
in its sole discretion whether to remove or request the removal of such content
and your use of the Site. La Crosse may
disclose any content or electronic communication of any kind: (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary or
appropriate to operate the Site; or (iii) to protect the rights or property of La
Crosse and its officers, directors, employees, affiliates, agents, third-party
content providers, merchants, sponsors, and licensors and any other user. La Crosse reserves the right to prohibit
conduct, communication, or content that it deems in its sole discretion to be
harmful to individual users, or any rights of La Crosse. La Crosse shall not assume liability for any
action or inaction with respect to any conduct, communication, or content on
the Site.
c. Equipment. You shall be solely responsible for
providing, maintaining, and ensuring compatibility with the Site including all
hardware, software, electrical, and other physical requirements for your use of
this Site including, without limitation, telecommunications, internet access
connections, web browsers or other equipment, programs, and services required
to access and use the Site.
2. Limitations
a. Security. You
shall be solely responsible for any authorized or unauthorized access to your
account by any person. You agree to bear
all responsibility for the confidentiality of any password that may be provided
to you and all use of the Site with your password. You agree to be responsible for any purchases
or charges incurred from the Site. If
you use this Site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. La Crosse reserves the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
b. Privacy. La Crosse does
We store and process your information on computers located in the United
States that are protected by physical as well as technological security
devices. Our current Privacy Policy is
available at La Crosse.
c. Cookies. When you visit this Site, La Crosse may store
some information on your computer. This information will be in the form of a
“cookie” or similar file and can help us maintain and improve this Site in many
ways. A “cookie” is a small amount of
data that is transferred to your browser by a Web server and can only be read
by the server that gave it to you. It
functions as your identification card, recording such things as Internet
addresses, passwords, and preferences. It cannot be executed as code or deliver
viruses. With most Internet browsers,
you can erase “cookies” from your computer hard drive, block all “cookies,” or
receive a warning before a “cookie” is stored.
Please refer to your browser instructions to learn more about these
functions.
d. Accessibility. You agree that from time to time this Site
may be inaccessible or inoperable for any reason; including, without
limitation: (i)
equipment malfunctions; (ii) periodic maintenance procedures or repairs that La
Crosse may undertake from time to time; or (iii) causes beyond the control of La
Crosse or that are not reasonably foreseeable.
3. Ownership of
Intellectual Property
a. Trademarks. The following trademarks, service marks, and
logos (the “Trademarks”) used and displayed on this Site are registered and
unregistered Trademarks owned by La Crosse.
Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as
granting any license or right to use any Trademark displayed on this Site
without the express written permission of La Crosse. All other brand names not owned by La Crosse
on this Site are owned by their respective owners. You may not frame or utilize framing
techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing La Crosse’s
Trademarks without the express written consent of La Crosse. Any unauthorized
use terminates the permission or license granted by La Crosse.
i.
LA CROSSE TECHNOLOGY®
ii.
WEATHER DIRECT™
iii.
WEATHER DIRECT
GATEWAY™
iv.
GATEWAY™
v.
THE WEATHER CLUB™
b. Copyrighted Works. Certain
content contained on this Site including, but not limited to, images/video,
photos, electronic art, animations, graphics, sounds/audio, information and
data, communications programs, electronic mail services, and user interfaces,
executable code, and data formatted, organized, and collected in a variety of
forms, including layouts, pages, screens, directories, and databases are owned
by or licensed to La Crosse. Any other
copyright protected content not owned by La Crosse is owned by its respective
owner. You agree that you will not copy,
reproduce, modify, alter, create derivative works from, distribute, or publicly
display any content (except for your personal noncommercial use) from the Site
without the prior expressed written permission of La Crosse.
4. Product Descriptions
La Crosse attempts to be as
accurate as possible. However, La Crosse
does not warrant that the product descriptions, advertisements, or other
content of this Site is accurate, complete, reliable, current, or
error-free. Although La Crosse has made
every effort to display and describe the likeness of each product as accurately
as possible, it is possible that the displayed likeness of the products or
services will depend upon the available graphic image as well as the quality of
your monitor. La Crosse cannot guarantee
that the Site or your monitor will accurately portray the actual likeness of
the products.
If a product or service offered
on this Site is not as described, your sole remedy is to return it in unused
condition to La Crosse. Products
displayed on this Site may not be available or discontinued, and products
displayed on this Site are subject to change without notice.
5. Links
This Site may
provide links to other Web sites maintained by third parties. You acknowledge and agree that such links are
provided for your convenience only and do not reflect any endorsement,
affiliation, relationship, or sponsorship by La Crosse with respect to the
provider of such linked site or the quality, reliability, or any other
characteristic or feature of such linked site.
You further acknowledge and agree that La Crosse is not responsible in
any manner (including without limitation with respect to any loss or injury you
may suffer) for any matter associated with the linked site, including without
limitation, the content provided on or through any such linked site or your
reliance thereon. La Crosse MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR
OWN RISK. In addition, you should be
aware that your use of any non La Crosse Site is subject to the terms and
conditions applicable to that site, including the privacy policies (or lack
thereof) of such site.
If a
third party links to this Site, it is not necessarily an indication of
endorsement, affiliation, relationship, or sponsorship by or with La Crosse. La Crosse may not even be aware that a third
party has linked to this Site.
6. Third-Party
Content
Any other content not owned by La
Crosse is owned by its respective owner.
You acknowledge and agree that such content is
provided by its owner and does not reflect any endorsement, affiliation,
relationship, or sponsorship by La Crosse with respect to the provider of such
content. You further acknowledge and
agree that La Crosse is not responsible in any manner (including without
limitation with respect to any loss or injury you may suffer) for any content provided
by third parties including, without limitation, your reliance thereon. La
Crosse MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
THIRD-PARTY CONTENT.
7. Forums
THE
MATERIALS, INFORMATION, AND OPINION INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN
BOARDS, CHAT ROOMS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”)
ARE NOT NECESSARILY THOSE OF La Crosse. La
Crosse DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT
OF THE FORUMS IS NOT THE RESPONSIBILTY OF La
Crosse. La Crosse MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR
LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.
ANY USE OF FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE
DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH BELOW.
8. Submission
of Confidential Information
Do not use this Site as a means
of submitting information you consider to be confidential or proprietary. Except as otherwise expressly provided herein
or in a written agreement with La Crosse applicable to your particular use of the
Site, any submission of material by you will be considered a contribution to La
Crosse for further use in its sole discretion, regardless of any proprietary
claims or reservation of rights noted in the submission. Accordingly, you agree that any material
including, but not limited to, questions, comments, suggestions, ideas, plans,
notes, drawings, photos, original or creative materials, or other information,
provided by you in the form of e-mail or submissions to La Crosse, or postings
on this Site, are non-confidential and shall become the sole property of La
Crosse. La Crosse shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use of this material for any purpose, commercial, or otherwise,
without acknowledgment or compensation to you.
The submission of any material to La Crosse, irrevocably waives any and
all "moral rights" in such materials, including the rights of
attribution and integrity.
9. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS
SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, La Crosse, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF. La
Crosse MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS
SITE, OR ANY THIRD-PARTY CONTENT AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT OR THIRD-PARTY CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SITE OR THIRD-PARTY
CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONSIN ANY CONTENT, THIRD-PARTY CONTENT, OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
OR THIRD-PARTY CONTENT
POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. La
Crosse DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND La Crosse WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL La Crosse, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THIRD-PARTY
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND THIRD-PARTY CONTENT, (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY
THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR POSTED,
E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT
La Crosse SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
This
Site is controlled and offered by La Crosse from its facilities in the United
States of America. La Crosse makes no
representations that the Site is appropriate or available for use in other
locations. Those who access or use the Site
from other jurisdictions do so at their own volition and are responsible for
compliance with local law.
11. Release and Indemnification
a. Release. In the event that you have a dispute with a third
party that involves this Site, you agree to release La Crosse and its members,
governors, directors, officers, employees and agents from all claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542,
which says: “A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor.”
b. Indemnification. You agree to indemnify, hold harmless and
defend La Crosse, its members, governors, directors, officers, employees, and agents
from and against any action, cause, claim, damage, debt, demand or liability,
including reasonable costs and attorneys’ fees, asserted by any person, arising
out of or relating to: (a) this
Agreement; (b) your use of this Site, including any data or work transmitted or
received by you; and (c) any prohibited use of the Site as set forth in Section
1(b).
12. Termination
This Agreement is effective upon
your acceptance as set forth herein and shall continue in full force until
terminated. La Crosse reserves the
right, in its sole discretion and without notice, at any time and for any
reason, to: (a) remove or disable access to all or any portion of the Site; (b)
suspend your access to or use of all or any portion of the Site; and (c)
terminate this Agreement.
13. Miscellaneous
a. Amendment. La
Crosse shall have the right, at any time and without notice, to add to or
modify the terms of this Agreement. Your
access to or use of the Site after the date such amended terms are delivered to
you shall be deemed to constitute acceptance of such amended terms.
b. Waiver. No waiver
of any term, provision, or condition of this Agreement, whether by conduct or
otherwise, in any one or more instances, shall be deemed to be, or shall
constitute, a waiver of any other term, provision or condition hereof, whether
or not similar, nor shall such waiver constitute a continuing waiver of any
such term, provision or condition hereof.
No waiver shall be binding unless executed in writing by the party
making the waiver.
c. Severability. If
any provision of this Agreement is determined to be illegal or unenforceable,
then such provision will be enforced to the maximum extent possible and the
other provisions will remain fully effective and enforceable.
d. Notice. All notices shall be in writing and shall
be deemed to be delivered when sent by first-class mail, postage prepaid, or
when sent by facsimile or e-mail to either party’s last known post office,
facsimile or e-mail address. User hereby
consents to notice by e-mail.
e. Law. This
Agreement is made in and shall be governed by the laws of the State of
Minnesota without reference to its conflict of laws provisions.
f. Forum. All actions, claims or disputes arising under
or relating to this Agreement shall be brought in the federal or state courts
in the State of Minnesota. The parties
irrevocably submit and consent to the exercise of subject matter jurisdiction
and personal jurisdiction over each party by the federal and/or state courts in
the State of Minnesota. The parties
hereby irrevocably waive any and all objections which any party may now or
hereafter have to the exercise of personal and subject matter jurisdiction by
the federal or state courts in the State of Minnesota and to the venue of any
such suit, action, or proceeding brought in any such federal or state court in
the State of Minnesota.
g. Process. The parties irrevocably submit and consent,
and irrevocably waive any and all objections that any party may now or
hereafter have, to process being served in any such suit, action, or proceeding
referred to in the preceding subsection pursuant to the rules of the applicable
court, including, without limitation, service by certified or registered mail,
return receipt requested. No provision
of this section shall affect the right of any party to serve process in any
manner permitted by law or limit the right of any party to bring suits, actions
or proceedings to enforce in any lawful manner a judgment issued by the state
or federal courts of the State of Minnesota.
h. Headings. The captions and headings of this Agreement
are included for ease of reference only and will be disregarded in interpreting
or construing this Agreement.
i. Survival. The terms and provisions of Sections 2, 3, 4,
5, 6, 7, 8, 9, 11, 12, and 13 shall survive any termination or expiration of
this Agreement.
j. Entire Agreement.
This Agreement constitutes the complete and exclusive statement of the
agreement between the parties and supersedes any and all prior or
contemporaneous communications, representations, statements, and
understandings, whether oral or written, between the parties.