End User Terms of Agreement
By using the WeatherPlanner Services, you the Customer acknowledge and agree to be bound by the terms and conditions of this WeatherPlanner Services Agreement (this "Agreement") between Customer (also called "you" and "your") and WeatherPlanner. Do not use the site and services if you do not agree to these terms. WeatherPlanner reserves the right to change these terms and you should review these terms periodically. Your continued use of the WeatherPlanner site and service indicates you agree to the then-current terms.
1. Weatherplanner makes every reasonable effort to provide accurate and timely information, but there may be mistakes and typographic errors on this site. Therefore you should not assume that all information on this site is accurate or complete.
4. Except for the warranty provided above, the WeatherPlanner service is licensed "as is," and licensors disclaim, and you hereby waive, any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or warranties of fitness for a particular use or purpose, and non-infringement.
7. U.S. Government Restricted Rights and Export Restrictions. The WeatherPlanner is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA AR Supplement. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the WeatherPlanner Information or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Yugoslavia, Haiti, Iran, Iraq, Libya, North Korea or Syria, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the United Nations Act, R.S.C. 1985, U-5, the Special Economic Measures Act, S.S. 1992, c.17 or the Export and Import Permit Act, R.S.C. 1985, cE-19. By installing or downloading the Software, you agree to the foregoing and you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
10. Indemnity. You shall indemnify, defend, and hold harmless Licensors and their respective directors, officers, shareholders, employees, and suppliers from and against any and all liabilities, losses, damages, claims, suits, recoveries, awards, judgments, executions, fines, penalties, costs, and expenses of any nature or kind (including, without limitation, in-house or external legal fees) (collectively "claims") arising or resulting, directly or indirectly, from your breach of this Agreement or your acts or omissions, whether negligent or otherwise.
13. Relationship of Parties. Nothing in this Agreement is intended or shall be construed to create or establish any agency, partnership, joint venture, affiliate, or fiduciary relationship between the Licensors and you.
14. Deemed Acceptance. The use or downloading of the Software is deemed acceptance of the terms and conditions contained herein.