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Terms Of Usage

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEB SITE AND ANY MATERIALS CONTAINED HEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH ACCUWEATHER.COM AND RELATED WEBSITES ("SITE"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE ACCUWEATHER.COM.

We want you to know that AccuWeather is committed to safeguarding your privacy online. As AccuWeather expands its offerings and as technology evolves, we may, from time to time, update our privacy practices to address these. Please check this page on a regular basis for updates to this Privacy Statement. THE ACCUWEATHER SITES, AND THE PRODUCTS, SERVICES AND ADVERTISING MADE AVAILABLE THROUGH THESE SITES, MAY NOT BE APPROPRIATE FOR USE BY CHILDREN.

Terms & Conditions

It is recommended that you keep a copy of these Terms and Conditions and any licenses posted within or through this web site for your records, as they may change from time to time as added functions and services are incorporated into the site. Your rights to use of this Site and any Software, Data and/or Documentation are restricted rights that are governed by the End User License Agreement contained herein, and include restrictions on use and/or transfer.

1. General. This site is owned and operated by or on behalf of AccuWeather, Inc. and/or its affiliates or subsidiaries ("AccuWeather"). By accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess software, toolbars, user interfaces, applications and associated media ("Software") for use with desktop computers, via the internet, and/or via wireless or other handheld or mobile devices ("Hardware"), printed, online and electronic materials associated therewith ("Documentation") and data, materials, and content ("Data") (collectively Software, Data and Documentation to be known as "Products" herein) submitting a registration form, or clicking the "I Agree" or "Continue" buttons when prompted and completing the registration form, Subscriber is entering into this Agreement with AccuWeather, and Subscriber hereby acknowledges and agrees to the validity and applicability of the Terms and Conditions governing this website, the Privacy Statement, any applicable Subscription Terms and Provider Terms, and agrees to be bound hereto. The Products are available only to individuals age 18 and older. You represent that you are at least 18 years of age and have the capacity to create a binding legal obligation regarding your use of the Products.

2. Fees. Please be advised that some, but not all, areas of the Site contain fee-based services, and are subject to additional Subscription Terms.

3. Use of Service. Subscriber agrees that the Site and its services is furnished and shall be used solely for Subscriber's personal, business or institutional use, and is subject to AccuWeather's Acceptable Use Policy. Such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep liking or embedding), or by any means ("Commercial Use"), absent a supplemental agreement in writing with AccuWeather. The Site and its services may be used for lawful purposes only, and may not be used in a manner which violates or infringes AccuWeather's expressly reserved rights, the rights of AccuWeather's Providers, and the rights of third parties. Subscriber agrees to use the Site consistent with these Terms and Conditions and shall not disclose his or her password to any unauthorized person. Subscriber shall be fully responsible for maintaining confidentiality of account access information and for all charges made to Subscriber's account.

4. Access. Access to the Site is contingent upon Subscriber providing all equipment necessary to access the internet, Products and/or services offered by AccuWeather. Access to AccuWeather.com requires use of Microsoft Explorer 5.0 or higher or Netscape Navigator 7.0 or higher. AccuWeather.com, and use of the AccuWeather Products and services through the Site is usually available 24 hours a day, 7 days a week, however, AccuWeather reserves the right to make the Site unavailable from time to time for any reason and at any time without prior notice. Subscriber agrees that AccuWeather shall not be liable for any damages arising from any interruption, suspension or termination of the Site. The Products supplied by AccuWeather are made available on an electronic site in State College, Pennsylvania or other sites AccuWeather shall designate ("Designated Site"). Subscriber's options as to which Products are available, and how to move Products from the Designated Site to Subscriber's location or Subscriber's desktop computers and/or wireless or other handheld or mobile devices ("Hardware"), and/or to issue appropriate electronic commands to accept the Products at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Products and/or services selected by Subscriber and Subscriber's Hardware then in use. AccuWeather makes no guarantees that the Products and/or services selected by Subscriber will be operational with Subscriber's Hardware.

5. Permitted Uses. Subscriber may download, view, copy and print Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal, informational, internal purposes and may not be re-distributed without the express written permission of AccuWeather; (2) the Products may not be modified or altered in any way; 3) any copyright or other proprietary notices must appear on all copied Products; and 4) certain Products on this Site may be subject to further use, modification, copying and/or dissemination restrictions which shall override this general grant to use the Products (please see the Notice Specific To Products Available On This Website). Access to and copying/distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content or by the Acceptable Use Policy. AccuWeather expressly reserves the right to refuse any materials for submission or upload by Subscriber or other users of this Site. 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 this Web site in whole or in part without the prior written permission of AccuWeather or its Providers. Requests to reprint or re-distribute Products and other materials accessed from this Website should be directed to the originator of the Products or materials. For AccuWeather Products, reprint and/or re-distribution requests should be sent to AccuWeather, Inc., 385 Science Park Road, State College, PA 16803, attn.: Contracts Administrator.

6. Intellectual Property. Information furnished by AccuWeather to Subscriber is intended for Subscriber's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with AccuWeather or its Providers. All Products, information, data, images, and other things comprising the Service are to be considered copyrighted by AccuWeather, its Providers or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. Subscriber is authorized to use such for the purposes stated herein and to store such information during the term hereof. Subscriber may not store for future use such information beyond that period, nor develop a library of such information. Subscriber agrees not to copy materials on the Site, not to reverse engineer or break into the website and not to use the website materials, Products or services to violate law, the Notice Specific to Products Available on this Website, AccuWeather's Privacy Statement, or the Acceptable Use Policy. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF ACCUWEATHER AND THE ACCU WEATHER NAME SHALL NOT BE USED BY SUBSCRIBER IN ANY WAY, 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 ACCUWEATHER.

7. Trademark Information. ACCUWEATHER, ACCUWEATHER.COM, THE WEATHER SOURCE, THE BEST WEATHER ON THE WEB, and other AccuWeather product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of AccuWeather, Inc. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.

8. Copyright Information. ® 2011 AccuWeather, Inc., 385 Science Park Road, State College, Pennsylvania 16803 except where otherwise indicated. All rights reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by AccuWeather, is proprietary to the submitting users and/or Providers, is protected by copyright law, and is subject to the usage restrictions separately set forth in the Notice Specific To Products Available On This Website.

Notification of Copyright Infringement.

AccuWeather will, in appropriate circumstances, terminate the accounts of Subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this Site contains infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web site or on sites linked to from this Site, please provide AccuWeather's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:

1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.

2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.

3. A description of where the material the alleged infringing material(s) is located on the AccuWeather Site (include a URL if possible).

4. Sufficient contact information regarding the copyright owner or agent, such as your physical address, e-mail address, website, telephone number, and fax number.

5. A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.

6. A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.

AccuWeather's Copyright Agent for Notices of Infringing Materials can be reached as follows:

By Mail
AccuWeather, Inc.
385 Science Park Road
State College, PA 16803 USA
Attn: Office of Legal Services, Copyright Agent

By phone
(814) 235-8565 By fax (814) 235-8569

By email
copyright@accuweather.com

9. Acceptable Use Policy. You agree not to use the AccuWeather Site, Products or services to:

* upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;

* harm minors in any way; impersonate any person or entity, including, but not limited to, an AccuWeather official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

* upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities or persons (spoofs);

* upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;

* upload, post or otherwise transmit any content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

* 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 competitive with AccuWeather;

* upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

* interfere with or disrupt AccuWeather or servers or networks connected to AccuWeather, or disobey any requirements, procedures, policies or regulations of networks connected to AccuWeather;

* "stalk" or otherwise harass another; collect or store Personally Identifiable Information about other users;

* promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

* use your access or AccuWeather-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the AccuWeather Site, without express written permission from AccuWeather;

* use the Site to engage in commercial activities without enrolling in AccuWeather-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites, use the Site to provide access to the Site for other persons through use of Subscriber's User Name and Password;

* tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.

ACCUWEATHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.

10. Notice Specific To Products Available On This Website. Permission to use Products from this Site is granted, provided that (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products from this Site is for Subscriber use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with AccuWeather, (3) the Products shall not be used on data outside of this Site absent an express written agreement with AccuWeather and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to AccuWeather's Privacy Statement, or where expressly provided otherwise by AccuWeather, all comments, feedback, information or materials submitted to AccuWeather through or in association with this Site shall be considered non-confidential and Property of AccuWeather. By submitting such comments, feedback, information or materials to AccuWeather, you agree to a fee-free assignment to AccuWeather of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. AccuWeather shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, ACCUWEATHER MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ACCUWEATHER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN ACCUWEATHER PRODUCTS. Products, as specified above, do not include original user content hosted on this Site, the design or layout of the Site or any other AccuWeather owned, operated, licensed or controlled site. Elements of the Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by AccuWeather, its Providers, or the originating user associated with original user content displayed on this Web site.

11. Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by AccuWeather through other product licenses and/or service agreements, including, but not limited to, AccuWeather.com Desktop, RadarPlus, AccuWeather.com Messenger, AccuWeather.com Wireless, and others may be made available as part of, or through this Site, by Providers, or by AccuWeather, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) ("Provider Terms"). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from AccuWeather without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT ACCUWEATHER SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER ACCUWEATHER AGREEMENTS. Additional Provider Terms for any products or services provided with AccuWeather registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.

12. Disclaimer. AccuWeather makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, graphics, data, briefings or information comprising the Site, products or services state, represent or depict and AccuWeather shall have no responsibility or liability whatsoever to Subscriber or any other person or entity, parties and nonparties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred. There may be times when data or services from third parties that AccuWeather normally uses as all or a part of the basis of its forecasts, graphic, or other products, information, and services is unavailable or disregarded and AccuWeather shall have the right to continue to issue such products, information and services without informing the end user of the changed basis or source of such products, information, or services and to change sources from time to time. Web-based and Mobile/wireless services are dependent upon open communications networks provided by third parties, and AccuWeather is not responsible for lack of services due to communications network outages. SUBSCRIBER IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, AND ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF SAME. SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. AccuWeather makes no warranty or representation with respect to any Provider products or materials. Subscriber is advised and informed that content provided or accessed through the Site in association with wireless weather information services is not provided by, the responsibility of, nor within the control of, any mobile/wireless communications carriers, internet service providers, or internet storefronts. This site and its content is not reviewed, sponsored or otherwise endorsed by The Pennsylvania State University. Any content submitted by The Pennsylvania State University, its agents, employees, or contractors appearing on this site is provided "AS IS", without any representations or warranties. The Pennsylvania State University, its agents, employees or contractors reserve all rights, title and interests, including copyrights, to any submissions or content provided by them, including any such information or materials which are published on this site. The use of any and all trademarks, trade names or designations of The Pennsylvania State University on this site is done with permission, all rights reserved.

13. No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY ACCU WEATHER ON AN "AS IS" BASIS. ACCU WEATHER AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCU WEATHER AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. ACCU WEATHER AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCU WEATHER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ACCUWEATHER AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO ACCUWEATHER UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.

14. Indemnification. Subscriber hereby agrees that it will well and truly indemnify and save harmless AccuWeather and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which AccuWeather or its Providers may sustain by reason of Subscriber's use of this Site, Subscriber's breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against AccuWeather arising from these Terms and Conditions.

15. Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. Subscriber acknowledges that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If Subscriber has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.

16. Third Party Sites and Providers. This site may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the AccuWeather Products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of AccuWeather. This may occur with or without your knowledge and although the visual representation on your screen may appear to be an AccuWeather website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of AccuWeather. You acknowledge that AccuWeather is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. AccuWeather is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. AccuWeather is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AccuWeather, nor has AccuWeather independently authenticated products or materials provided by Providers.

17. Advertisements. The Site is supported by advertising revenue and may include advertisements for products and services offered by third parties. AccuWeather makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a users sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with AccuWeather. AccuWeather may display political advertising as a business transaction, from advocacy groups and candidates for office. AccuWeather does not endorse candidates for political office or endorse any political statements, positions or issues.

18. Communications Decency Act. Pursuant to Section 230 of the Communications Decency Act , we are passing along this notice to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information is available at http://en.wikipedia.org/wiki/Content-control_software.

19. Privacy. AccuWeather is committed to safeguarding your privacy online and has established a Privacy Statement to explain to users how their information is collected and used. This Privacy Statement is located at the following web address: http://m.accuweather.com/en/privacy Your use of AccuWeather's website or any of AccuWeather's products, services, data, materials or content signifies your acknowledgement of, and agreement to, our Privacy Statement. Note that as AccuWeather expands its offerings, we may update our Privacy Statement from time to time. Please check our Privacy Statement for updates on a regular basis.

20. Children. The Products are not directed to children under the age of 13. Please do not allow children under the age of 13 to provide any personally identifiable information or participate in social media related to our Products. If we are notified that a child under 13 has provided personal information, we will delete that information as soon as reasonably possible. If you become aware that a child under 13 has provided such information, please send us a detailed email at customerservice@accuweather.com so we can delete this information.

21. Modifications. AccuWeather may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. AccuWeather has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and AccuWeather reserves the right to suspend or terminate access to this Site and/or the Products and/or services provided without prior notice in the event you, the Subscriber, is in violation of these terms of use, or for scheduled or unscheduled support and maintenance on the Site.

22. Terms of Service. These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber without the express written permission of AccuWeather, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and Subscriber's rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to AccuWeather. AccuWeather may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products. Upon such termination by AccuWeather, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to AccuWeather.

23. Notice. Posting of notice(s) on the Site by AccuWeather shall constitute notice to Subscriber. Written notice of termination and requests for credit (as applicable - see Subscription Terms) shall be provided in the following manner: email notification to webhelp@accuwx.com or facsimile notification at 814-238-1339, attn: Webmaster. No credits or refunds are available for cancellation of monthly wireless services.

24. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the Commonwealth of Pennsylvania, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within Pennsylvania, and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Pennsylvania law.

25. Subscription Terms. Subscriber agrees to pay to AccuWeather the fees stated or as specified from time to time for various fee-based Products and services available by or through AccuWeather, and Subscribers are responsible for promptly paying for AccuWeather Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site. Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Haardware changes or new releases may be subject to additional charges. "Lifetime" subscription packages relate only to the Products initially downloaded or accessed by the Subscriber, and do not extend to upgrades to the Products or different Hardware. AccuWeather reserves the right to discontinue and/or cancel Lifetime Subscriptions for wireless Products, so long as AccuWeather provides the Subscriber a free upgrade to a different Product for Subscriber's wireless device. Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account. Fees and payment terms therefore are subject to change upon Notice by AccuWeather to Subscriber. Packages, once purchased, are nonrefundable, regardless of use or lack of use by Subscriber. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including, without limitation, mobile/wireless service packages. Once a charge has been processed to a Subscriber's credit card or wireless account, the Subscriber shall not request his or her credit card or mobile carrier company to reverse the charge or charge it back to AccuWeather. If Subscriber has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from AccuWeather by written notice and resolve the issue directly with AccuWeather. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against AccuWeather shall be reimposed by AccuWeather upon Subscriber. Such costs may exceed the cost of the reversed item or charge back by many times.

26. Renewal Terms. Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber. Upon expiration of subscription period for any 6 Month Special and One Year Supersaver packages, Subscribers will be renewed on monthly subscription terms unless proper termination notification is received from Subscriber.

27. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN. Prior versions of this document can be found here.

28. ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH ANY End User License Agreement, Subscription Terms, PROVIDER TERMS, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and Conditions may only be modified in writing by AccuWeather.

Version date: May, 2013

Wireless EULA

READ CAREFULLY THIS END USER LICENSE AGREEMENT BEFORE accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess Software, Documentation or Data. The Grant of License contains LIMITATIONS and RESTRICTIONS on your right to access and/or use the Software, Data, and associated Documentation by or on behalf of AccuWeather and its Third Party providers (each as defined below). You will not be entitled to any refund of pre-paid Subscription fees for early termination of this End User License Agreement (“EULA”). If you do not agree to these terms, please do not click "Accept" or "Continue" or access the software or register for Products or services with AccuWeather. IT IS RECOMMENDED THAT YOU DOWNLOAD AND KEEP A COPY OF THIS LICENSE FOR YOUR RECORDS. The Products and/or services you have accessed and/or requested include software, user interfaces, applications and associated media ("Software") for use with desktop computers, via the internet, and/or via wireless or other handheld or mobile devices ("Hardware"), printed, online and electronic materials associated therewith ("Documentation") and data, materials, and content ("Data") provided by or on behalf of AccuWeather, Inc. ("AccuWeather") or third party providers that either contribute to the creation or operation of the Software, Data and Documentation, or enable access or use of same by Licensee, including but not limited to software and/or technology developers, internet storefronts, Internet Service Providers, third party vendors and/or clients or customers of AccuWeather, and mobile/wireless communications carriers (collectively "Providers"). By accessing, receiving, downloading, syncing, using or possessing or continuing to access, receive, download, sync, use or possess the Software, Documentation, and/or any Data, you ("Licensee") acknowledge the validity of and agree to be and are hereby bound by and agree to comply with the terms and conditions of this EULA, the Privacy Statement referenced herein which can be found at http://m.accuweather.com/en/privacy, any applicable subscription terms and conditions relating to the Software, Data and Documentation ("Subscription Terms"), any applicable Provider terms and conditions ("Provider Terms") and any supplemental terms and conditions or policies posted on http://m.accuweather.com governing use of Software, Hardware, Documentation and/or Data or otherwise agreed to in writing with AccuWeather. The EULA, Privacy Statement, any applicable Subscription Terms, any applicable Provider Terms and any applicable supplemental terms and conditions or policies are collectively referred to herein as the “Terms and Conditions”. If Licensee does not agree to the terms and conditions of this EULA, the Privacy Statement, Subscription Terms, Provider Terms or any other applicable Terms and Conditions, Licensee should not access, receive, download, sync, use or possess the Software, Data and/or Documentation and must immediately destroy any and all copies of the Software, Data and/or Documentation accessed by Licensee. To the extent this EULA or any other applicable Terms and Conditions may be translated into a language other than English and there is a conflict of terms between English and other language, the English version shall control.

PRIVACY. AccuWeather is committed to safeguarding your privacy online and has established a Privacy Statement to explain to users how their information is collected and used. This Privacy Statement is located at the following web address: http://m.accuweather.com/en/privacy. Your use of AccuWeather’s website or any of AccuWeather’s products, services, data, materials or content signifies your acknowledgement of, and agreement to, our Privacy Statement. AccuWeather may update its Privacy Statement from time to time by posting a new Privacy Statement in the English language on its website and you will be subject to the terms of any such update(s). Please check our Privacy Statement for updates on a regular basis.

1. GRANT OF LICENSE. By clicking yes to accept these terms, acknowledging these terms upon initial access of the Software, Data or Documentation, or upon registering for Products and services associated with the Software, Data, Documentation or Hardware with AccuWeather or its Providers, AccuWeather grants to Licensee a personal, non-exclusive license to use one copy of the Software, Data and Documentation, only as authorized in this EULA, on one Hardware device at any given time, owned, leased, licensed or otherwise controlled by Licensee, and Licensee hereby acknowledges and agrees to the validity of this EULA, the Privacy Statement, Subscription Terms, Provider Terms and all other applicable Terms and Conditions, and agrees to be bound hereto and thereby. The Software, Data and Documentation will be in the form and format as determined by AccuWeather in its sole discretion from time to time, and such form and format may limit or restrict the use of the Software, Data or Documentation to certain types of Hardware devices at the exclusion of others, and may have additional licensing terms restricting their use thereto. The Software, Data and Documentation is "in use" on Hardware when it is loaded into temporary memory or installed into permanent memory of that Hardware. AccuWeather expressly reserves the right to terminate this license grant without notice to Licensee. The Software, Data and Documentation are available only to individuals age 18 and older. Licensee represents that he/she is at least 18 years of age and has the capacity to create a binding legal obligation with AccuWeather.

2. LIMITATIONS. Licensee may only install, store, and use the Software, Data and/or Documentation on one Hardware device for personal, non-commercial purposes only. You may not use the Software, Data or Documentation on any other platform, including, but not limited to servers, except as expressly provided herein. The sale and/or redistribution of the Software, Data and/or Documentation is expressly prohibited, unless agreed to in writing by AccuWeather. Use other than described above may subject the Licensee to termination of this license and denial of access to AccuWeather Products and services. Licensee may not remove any proprietary notices that appear in connection with the Software, Data or Documentation, and may not modify the Software, Data or Documentation in any way. Any copies made of the Software, Data and/or Documentation must be restricted to back-up, archival purposes, provided such copy contains all of the original proprietary notices provided with or otherwise relating to such Software, Data and Documentation.

3. RESTRICTIONS. The Software, Data and/or Documentation is licensed to the Licensee, not sold, and only to Licensee and not any third party. Licensee may not use, or permit other individuals or entities to use, the Software, Data and Documentation except under the terms expressly listed herein. Licensee may receive the Software, Data and/or Documentation in more than one medium. Regardless of the type or size of medium You receive, the Software may be in use on only one medium that is appropriate for Your single Hardware device at any given time. This EULA and the Software, Data and/or Documentation may not be shared with other users or used concurrently on different Hardware devices. Without limiting the foregoing, but by way of explanation, some Software is compatible with mobile devices that have limited memory for large file or application storage purposes. With respect to Software intended for use with a mobile or handheld Hardware device with limited memory for storage (i.e. Blackberry®, cell phone, Palm®, etc.), You may install and/or access the Software, Data and/or Documentation on one Hardware device (i.e. mobile handheld device), and backup the Software, Data and/or Documentation on a second Hardware device (i.e. desktop computer), so long as the Software, Data and Documentation is in use on only one Hardware device at any given time by You and You alone, and the second Hardware device is for storage or back-up purposes only. Licensee shall not personally, nor permit any other individual or entity to: (a) use the Software, Data and Documentation for service bureau, time-sharing, enterprise, concurrent use or other similar purposes; (b) use the Software, Data and Documentation following expiration or termination of any applicable subscription period; (c) modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software and Data to human-readable form nor create derivative works based upon the Software, Data or Documentation or any part thereof; (d) copy the Software, Data and Documentation (except as permitted herein); (e) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to or copies of the Software, Data and Documentation; (f) make, distribute, transfer or push copies of the Software, Data or Documentation from one Hardware Device or medium to another over a network without a specific license from AccuWeather; (g) export or re-export, directly or indirectly, the Software, Data and/or Documentation into any country prohibited by the United States Export Administration Regulations; and (h) remove any proprietary notices or labels on or relating to the Software, Data and Documentation. Licensee acknowledges that AccuWeather has the right to remove listings, restrict access, terminate and otherwise modify the Products and services provided by AccuWeather for any reason, including but not limited to a breach of this EULA or any other applicable Terms and Conditions. Licensee may not transfer this EULA without AccuWeather's prior consent. If such consent is granted by AccuWeather, Licensee must transfer all Software, Data and Documentation to such end user, and may not retain any copies. The recipient of such transfer must agree to all terms and conditions of this EULA and all other applicable Terms and Conditions. Any purported sublicense, assignment, transfer or encumbrance shall be void.

4. Enhancements and Updates. This license does not grant Licensee any right to any enhancement or update of the Software, Data or any other licensed material contemplated by this EULA or any other applicable Terms and Conditions, although such items may be made available to Licensee from time to time at AccuWeather's sole discretion.

5. Access. The Software, Data and Documentation supplied by AccuWeather is made available on an electronic site in State College, Pennsylvania or other sites AccuWeather shall designate ("Designated Site"). Your options as to which Software, Data and/or Documentation are available to You, and how to move the Software, Data and/or Documentation from the Designated Site to Your location and/or to issue appropriate electronic commands to accept the Software, Data or Documentation at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Software, Data or Documentation selected by You, and Your Hardware Device(s). AccuWeather makes no guarantees that the Software, Data and/or Documentation selected by You will be operable with Your Hardware Device(s). For the purposes of determining situs with regard to taxation, jurisdiction or other issues, it is agreed that the situs of the Software, Data and Documentation receipt and transfer is in Pennsylvania. A trademark or copyright, or copyrightable work contained within the items downloaded or accessed is considered a use or publication of the trademark or copyright in both the location in which it has been accessed in Pennsylvania at the host site and at the location of the user.

6. Protection of Intellectual Property Rights. AccuWeather Inc. retains all rights, title and interest, including rights of trademark and copyright in those things defined herein as "Property of AccuWeather." "Property of AccuWeather" is hereby defined to include all rights, title and interest in the Software, Data and Documentation (subject to any underlying Provider rights therein), plus any reports, forecasts, graphics, data, demographic and user information, equipment and information furnished pursuant hereto, the trademark "AccuWeather", identifiers embodying "ACCU" as all or a portion thereof, any other trade names, trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary Products owned by AccuWeather or as may be used to designate the Products and services furnished by AccuWeather or used in connection with the Products and services by AccuWeather or its Providers. The intellectual property rights of all Providers contributing to this website and the Software, Data and/or Documentation hereto shall remain with the respective Providers, including, without limitation, certain applications, software, features, enhancements and modifications made thereto by the Providers on behalf of AccuWeather. Access codes and information furnished by AccuWeather or its Providers to You are intended for Licensee's sole and exclusive use only and shall be considered Property of AccuWeather and/or its Providers. When the Property of AccuWeather or its Providers is displayed or used in publications of any kind or through any media, all proprietary notices and/or additional licenses or terms included with the Property of AccuWeather or its Providers shall not be removed or defaced by Licensee. This EULA gives Licensee no rights to the Software, Data or Documentation other than as expressly provided herein, and Licensee shall not claim any rights including without limitation, trademark or copyrights in any Software, Data or Documentation. All rights not specifically expressly granted herein, including Federal and International Copyrights and Industrial Property rights, are reserved for the sole benefit of AccuWeather or its Providers.

7. DISCLAIMERS. THE SOFTWARE, DATA AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM ACCUWEATHER OR ITS PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCUWEATHER AND ITS AFFILIATES AND PROVIDERS expressly disclaim any and all representations and warranties, express or implied, arising by law or otherwise, regarding the Software, Data, Documentation, or any other Products and services contemplated by this EULA, including without limitation any express or implied warranty of merchantability, express or implied warranty of fitness for a particular purpose, non-infringement, quality, accuracy, completeness, effectiveness, reliability, usefulness, that the Software, Data and/or Documentation will be error-free, or implied warranties arising from course of dealing or course of performance. TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF INITIAL DOWNLOAD OR INSTALLATION OF THE SOFTWARE, DATA AND/OR DOCUMENTATION OR ACCESS, DOWNLOAD, USE OR POSSESS SERVICES PROVIDED BY ACCUWEATHER FOR OR ON BEHALF OF LICENSEE. This limited warranty is offered by AccuWeather alone, and does not extend to any software code, data, information, content and the like that may be contributed to this website, the Software, Data or Documentation by Providers or unrelated third parties. THE ENTIRE RISK ARISING OUT OF THE ACCESS, RECEPTION, DOWLOAD, SYNC, USE OR POSSESION OF THE SOFTWARE, DATA AND DOCUMENTATION REMAINS WITH LICENSEE. Without limiting the foregoing, it is further understood that AccuWeather and its Providers are not responsible for Your use or misuse of the Software, Data and/or Documentation or the results from such use. AccuWeather and its Providers make no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, data, or information state, represent or depict and it shall have no responsibility or liability whatsoever to LICENSEE or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE, DATA AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES AND LICENSEE WILL USE COMMON SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE, DATA OR DOCUMENTATION. LICENSEE IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. CUSTOMER SHOULD KEEP ADVISED OF SAME. LICENSEE AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.

8. LIMITATION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCUWEATHER OR ITS AFFILIATES OR PROVIDERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS EULA OR ANY OTHER APPLICABLE TERMS AND CONDITIONS, OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, OR USE OF THE SOFTWARE, DATA OR DOCUMENTATION REGARDLESS OF THE FORESEEABILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABLITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ACCUWEATHER AND ITS AFFILIATES AND PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO THIS EULA OR ANY OTHER APPLICABLE TERMS AND CONDITIONS, OR THEIR IMPLEMENTATION, SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY LICENSEE TO ACCUWEATHER UNDER THIS EULA AND ANY APPLICABLE TERMS AND CONDITIONS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. The limited warranty, exclusive remedies, and limited liability set forth in this EULA are fundamental elements of the basis of the EULA and the other Terms and Conditions which apply. Licensee agrees AccuWeather would not be able to provide the Software, Data and/or Documentation to Licensee on an economic basis without such limitations.

10. Advertisements. The Site is supported by advertising revenue and may include advertisements for products and services offered by third parties. AccuWeather makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a users sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with AccuWeather.

11. High Risk Activities. The Software, Data and Documentation is not fault tolerant and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software, Data or Documentation could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, AccuWeather and its Providers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

12. Events Beyond AccuWeather Inc.'s Control. AccuWeather shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with AccuWeather, nor inability to perform occasioned by such or by labor strife, war, riot, terrorism, natural disasters, severe weather or other events beyond the control of AccuWeather. The unavailability of Software, Data or Documentation from AccuWeather's Providers shall not be considered a disruption of services and shall not affect the obligations of Licensee hereunder.

13. Governing Law & Jurisdiction. The parties agree to submit to the Pennsylvania Courts only, for any dispute arising out of this EULA or any other applicable Terms and Conditions or related thereto, and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Pennsylvania law and this paragraph shall supersede any conflicting choice of law rules. The parties expressly stipulate that the 1980 Convention on Contracts for the International Sale of Goods shall not apply, nor shall the Uniform Computer Information Transactions Act.

14. Severability. In the event any term of this EULA, or any term of any other applicable Terms and Conditions, is found by any Court to be void or otherwise unenforceable, the remainder of this EULA, or the remainder of such other Terms and Conditions, as the case may be, shall remain valid and enforceable as though such term were absent upon the date of its execution as long as a party's rights under this EULA or the applicable Terms and Conditions are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this EULA or the applicable Terms and Conditions a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.

15. Indemnity. Licensee hereby indemnifies and agrees to hold AccuWeather and its parents, subsidiaries, affiliates, and Providers (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) harmless from and against any and all claims, demands and actions, and any liabilities, damages or expense resulting therefrom including court costs and reasonable attorney's fees, arising out of or in connection with any breach of this EULA or any other applicable Terms and Conditions or any act or omission on the Licensee's part relating to the use or possession by Licensee of Software, Data or Documentation.

16. Export Restrictions and Legal Compliance. Licensee acknowledges that the Software, Data, Documentation and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendment thereof. Licensee acknowledges that no Software, Data, Documentation or other underlying information or technology licensed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation outside the United States) without first complying strictly and fully with all export controls and other applicable laws that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. Licensee acknowledges that some countries may have export controls, meteorological usage, import and export laws or other laws or regulations which prohibit or otherwise restrict the export to and/or use of the Software, Data, Documentation or other underlying information or technology. Determination of the applicable law and compliance therewith is Licensee’s sole obligation and responsibility. For any use contrary to the restrictions set forth herein or law, Licensee hereby agrees to indemnify and hold harmless Licensor from any responsibility or liability in connection therewith. If Licensee has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Industry and Security, United States Department of Commerce, Office of Exporter Services, Washington D.C., http://www.bis.doc.gov/about/programoffices.htm. As to other countries, the appropriate officials or agencies should be contacted. Licensee represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

17. US Government Restricted Rights. The Software, Data, and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in the Terms and Conditions, and as otherwise set forth in DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252.227-7013, FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, or subparagraphs (c)(1) and (2) of 48 CFR 52.227-19, or successor provisions, as applicable. Contractor/Manufacturer is AccuWeather, Inc., 385 Science Park Road, State College, PA 16803, or others, as indicated on this site. These restrictions change from time to time.

18. Notification of Copyright Infringement. AccuWeather will, in appropriate circumstances, terminate the accounts of subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this site or any products or services of AccuWeather contain infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site, on sites linked to from this site or in connection with other AccuWeather products or services, please provide AccuWeather's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:
- A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
- A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
- A description of where the alleged infringing material(s) is located on the AccuWeather site (include a URL if possible).
- Sufficient contact information regarding the copyright owner or agent, such as physical address, email address, website, telephone number and fax number.
- A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent or the law.
- A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.
AccuWeather's Copyright Agent for Notices of Infringing Materials can be reached as follows:

By mail
AccuWeather, Inc.
385 Science Park Road
State College, PA 16803 USA
Attn: Office of Legal Services, Copyright Agent

By phone
(814) 235-8565

By fax
(814) 235-8569

By email
copyright@accuweather.com

AccuWeather’s Copyright Agent for Notices of Infringing Materials should not be contacted for issues of technical or operational support. Issues relating to technical or operational support should be directed to AccuWeather’s customer service group at the following email address: customerservice@accuweather.com.

19. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require the other party's performance of any obligation under this EULA or any other Terms and Conditions will not affect the right subsequently to require performance of the obligation.

20. Assignment. Neither this EULA nor any other applicable Terms and Conditions nor any rights or obligations of Licensee hereunder or thereunder may be assigned or delegated by Licensee to any other person or entity without the prior express written consent of AccuWeather.

21. Term and Termination. This EULA is effective upon your acceptance of these terms and conditions, and shall continue until terminated. This EULA shall terminate automatically if Licensee fails to comply with this EULA and/or any other applicable Terms and Conditions, or if payment is delayed or denied processing due to insufficient funds to cover the subscription fees when due, if any. No notice shall be required from AccuWeather to effectuate such termination. On termination, Licensee must promptly destroy any and all copies of the Software, Data and/or Documentation, and Licensee may terminate this EULA by destroying, removing or obliterating the Software, Data or Documentation and all copies thereof, and certifying as such to AccuWeather. In the event of any termination by AccuWeather pursuant to this EULA or any other applicable Terms and Conditions, Licensee shall not be entitled to any refund of pre-paid subscription fees.

22. Communications Decency Act. Pursuant to Section 230 of the Communications Decency Act , we are passing along this notice to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information is available at http://en.wikipedia.org/wiki/Content-control_software.

23. Children. The Software, Data and Documentation are not directed to children under the age of 13. Please do not allow children under the age of 13 to provide any personally identifiable information or participate in social media related to our Software, Data and Documentation. If we are notified that a child under 13 has provided personal information, we will delete that information as soon as reasonably possible. If you become aware that a child under 13 has provided such information, please send us a detailed email at customerservice@accuweather.com so we can delete this information.

24. Translation. Certain content published on the AccuWeather website or made available through AccuWeather’s applications or other products and services may be translated into a language other than English for your convenience. Reasonable efforts have been made to provide an accurate translation; however, no translation system is perfect. The official text is the English version on the site. Any discrepancies or differences created in the translation are not binding and have no legal effect. If any questions arise related to the accuracy of the information contained in any translated text, please refer to the English version on the AccuWeather website which is the official version. Translation of any of the Terms and Conditions that govern your use of the site into a language other than English, if required, shall be your responsibility. To the extent any such Terms and Conditions are translated into a language other than English and there is a conflict of terms between English and the other language, the English version shall control.

25. Entire Agreement. This EULA and any other Terms and Conditions which may apply represents the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this EULA or other applicable Terms and Conditions are of no force and effect. AccuWeather may modify this EULA or any other Terms and Conditions that may apply at any time by posting a new EULA, or a new version of the applicable Terms and Conditions, as the case may be, in the English language on its website, with or without notice to You. It is your responsibility to check the AccuWeather website frequently for updates to this EULA, or AccuWeather’s Privacy Statement, Subscription Terms, Provider Terms or any other applicable Terms and Conditions. Questions regarding these terms may be submitted in writing to AccuWeather, Inc., 385 Science Park Road, State College, PA 16803, attn.: Contracts Administrator.

Provider Terms

Standards for Content Inclusion:

Materials provided to AccuWeather for inclusion on any website hosted or managed by AccuWeather may not and shall not violate any of the General Terms and Conditions of the agreement(s) with AccuWeather or any terms in any supplemental written terms and conditions, as well as any applicable website Terms and Conditions, Privacy Statement, or End User License Agreement. Please pay close attention to the Acceptable Use Policy and the Notice Specific To Documents Available On This Website in the Terms and Conditions, because those sections outline specific behaviors that should be avoided when considering content for inclusion with AccuWeather products and service. Although the AccuWeather websites, products and services are not intended for use by children, these Standards for Content Inclusion are provided to ensure that materials accessible through the various AccuWeather websites, products and services are not objectionable to a broad spectrum of individuals, including the occasional end user under the age of 13. These Standards are also designed to optimally ensure that the AccuWeather websites, products and services do not (i) incorporate images or content that is in any way unlawful, harmful, threatening, defamatory, libelous, obscene, or harassing; (ii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) promote illegal activity or incorporate any materials which infringe or assist others to infringe any copyright, trademark, patent, or other legal rights; (iv) present materials unsuitable for viewing by children under the age of 13; or (v) display content featuring competitors of AccuWeather.

Guidelines have been constructed to ensure that the above objectives are met, with little further involvement by AccuWeather. AccuWeather relies upon its business partners to act in accordance with generally accepted principles of fair play. These guidelines are flexible, designed to work with the rapidly changing media environments we live and work with. Many of our business partners have ever-changing business needs which dictate that we be allowed the freedom to update and modify these guidelines from time to time to ensure that our commitments to our business partners are met, while they maintain high quality standards on their end. Some of our business partners are also subject to tight government regulations imposed by agencies such as the Federal Communications Commission. Given that need for flexibility, many of these guidelines are simply that: not a "hard and fast rule" of conduct, but a guideline meant for conservative interpretation by the end user and our Subscribers. We ask that you use common sense as a rule of thumb: our target audiences are information end users, from media giants to the single end user who benefits from the free services offered through our advertising-subsidized website. If the major networks, radio stations, and print publications wouldn't publish or broadcast it, then it most likely is "Inappropriate Content", and you shouldn't include it as content for inclusion in our products and services in any manner whatsoever, including, without limitation, branding and advertising space. Some examples of Inappropriate Content include content related to the following subjects:

* Alcoholic beverages (beer, wine, liquor, etc.).

* Tobacco (cigarettes, cigars, pipes, chewing tobacco, etc.).

* Guns/weapons (firearms, bullets, etc.).

* Illegal drugs (marijuana, cocaine, etc.).

* Sexual (adult themes, sexual activities, pornography, etc.).

* Crime and criminal conduct in general (organized crime, notorious characters, etc.).

* Violence/Mayhem (physical harm or pain, torture, riots, etc.).

* Dehumanizing (degrading, abuse, humiliating, etc.).

* Death (funeral homes, mortuaries, etc.).

* Hate (racial, religious, ethnic, etc.).

* Gambling (casinos, lotteries, etc.).

* Politics (lobbyists, political campaigns, etc.).

* Illegal acts (violates, or promotes the violation of, any criminal law, etc.).

* Controversial topics (social issues, abortion, etc.).

* Unauthorized or unapproved use of any third party's intellectual property.

* Copy or parody of current or past third party products or services

* Implied affiliation, association or endorsement by, or favored status with AccuWeather, mobile carriers, or media companies.

There may be other types of content not specifically outline above that would be considered "Potentially Inappropriate Content." Once again, we ask you use a general rule of thumb using common sense, and err on the side of caution. When in doubt, ask your AccuWeather representative for assistance in interpreting these guidelines, and make sure you get written consent from AccuWeather if you intend to include items which may be considered Potentially Inappropriate Content.

Version Date: August 1, 2005

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