Terms Of Use

Our Terms

Updated: September 9, 2024

CERTAIN TERMS LIMIT YOUR RIGHTS: PLEASE SEE THE BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS BELOW.

 

WELCOME TO OUR SITE

Thank you for visiting www.accurateweatheronline.app (the “Site”). Before using the Site, you must agree to our terms of use (“Terms”). These Terms form a binding legal agreement between you (“you” or a “User”) and AccurateWeatherOnline, and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (collectively, “we,” or “our”). Importantly, if you continue to use our Site and/or download, access, or use any of our software or extensions (the Site, any of our software, extensions, or other services are collectively described as the “Services”), you are deemed to legally agree with our Terms. You should immediately stop using the Services if you do not agree to the Terms.

When you agree with these Terms, you also represent and warrant that you are at least 18 years of age (or that you are visiting the Site under the supervision of a parent or guardian). Our Services are not to be used by those under the age of 18.

 

GENERAL INFORMATION

When you access the Site, you agree to comply with the Terms and all other Site policies or requirements. You must also follow all laws, rules, and regulations when registering for, accessing, or using the Services. You may not engage in unfair, malicious, or fraudulent behavior or any conduct that is harmful or harassing.

If you violate the security of AccurateWeatherOnline’s Services, you may face criminal and/or civil liability. We may investigate incidents involving such violations and we will cooperate with law enforcement if we suspect a criminal violation has occurred.

We have no obligation to monitor your access to, or use of, the Services for violations of the Terms. We also have no obligation to review any content you submit to us, but we do have the right to monitor access and use of the Services and any content you submit. We do so for legal reasons, including for operating and improving the Services, to ensure compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.

 

PROTECTED INTELLECTUAL PROPERTY RIGHTS

The Services contain protectible content that is subject to copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights (“Protected Content”). You agree that these rights are protected in all forms, including in media and technologies existing now and developed in the future. You agree not to modify, publish, or exploit the Protected Content.

 

SHARING OF CONTENT WITH ACCURATEWEATHERONLINE

Do not send AccurateWeatherOnline any confidential, proprietary, or trade secret information unless we request it specifically. If you do send us any documents or creative works including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material (“Content”), you grant AccurateWeatherOnline an unrestricted, royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the material in any media now known or invented thereafter, including for commercial purposes.

 

PRIVACY POLICY

Our Privacy Policy is incorporated into these Terms. You should review the Privacy Policy before using the Services. When you use the Services, we may use cookies and monitoring technologies to enable us to enhance your User experience. Our collection and usage of your personal information is detailed in our Privacy Policy. You understand that through your use of the Services, you consent to the collection and use of this information.

 

ACCESSING THIRD-PARTY LINKS

The Services may contain links to third-party websites, offers, or other events and promotions that are not owned or controlled by AccurateWeatherOnline (“Linked Sites”). AccurateWeatherOnline does not endorse, sponsor, control, recommend, or otherwise accept responsibility for the content of Linked Sites. We also do not make any express or implied warranties or representations about the content, or the currency, accuracy, or completeness of content, on any Linked Sites or the actions of third-parties. If you follow a link to a third-party website, that website will be governed by different terms of use and a different privacy policy from that provided by AccurateWeatherOnline. Be sure to read and agree to those terms and policies. Your access to the Linked Sites is at your own risk.

 

THIRD-PARTY CONTENT AND UNINSTALL OPTIONS

When you use our Services, including any software, you agree that AccurateWeatherOnline may send you third-party content. We do not promote or endorse third-party content, and we are not affiliated with it. To stop receiving such third-party content, you must uninstall the software for the Services.

You can uninstall the software for the Services at any time. To do so, visit the “Uninstall Page” and follow the directions. If you have any question about this process, reach out to us by email at .

 

CONCERNS ABOUT INFRINGEMENT

Please contact us if you believe anything in our Services infringes on your intellectual property or proprietary rights. To contact us, email us at .

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AccurateWeatherOnline from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys’ fees and legal expenses, resulting from (a) use of the Services and/or access to the Services; (b) all violations of these Terms; and (c) violations of any law, rule, or regulation related to the Services, as well as your violation of any third-party right, including but not limited to any copyright, trademark, trade secret or privacy right.

 

“AS IS” SERVICES

While we strive to provide great Services, WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, WHICH ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN ADDITION, ACCURATEWEATHERONLINE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SERVICES PLATFORM, OR THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION.

If AccurateWeatherOnline makes any efforts to modify the services, doing so shall not be deemed a waiver of these limitations or any other provision of these terms. Some places do not allow the disclaimers in this paragraph, so they may not apply to you, but we aim to enforce these disclaimers to the fullest extent allowed under the law.

 

LIMITATION OF LIABILITY

WE DO NOT EXCLUDE YOUR LIABILITY WHERE IT WOULD BE ILLEGAL TO DO SO, BUT WE AIM TO ENFORCE ANY LIMITATIONS SET FORTH HERE TO THE FULLEST EXTENT ALLOWED UNDER THE LAW. THIS SECTION IS A MATERIAL TERM OF OUR AGREEMENT TO PROVIDE SERVICES TO YOU. WE WILL NOT BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, REGARDLESS OF THE LEGAL THEORY. THESE EXCLUSIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN ADDITION, OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $20.

WE AIM TO RESOLVE ALL DISPUTES

THIS SECTION LIMITS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and AccurateWeatherOnline agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any application or the Site; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.

By agreeing to these Terms, you agree to resolve any and all disputes with AccurateWeatherOnline in the following manner:

First, reach out to us to resolve any dispute at . You agree to give us 60 days to respond to and attempt to resolve any dispute before attempting arbitration. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with AccurateWeatherOnline.

If we do not reach an agreed-upon solution within a period of 60 days from the time you notify us of a dispute, then you may initiate binding arbitration, except in instances qualifying for small claims court (which may be brought only in Los Angeles or Orange County, California) and requests by us for injunctive or equitable relief to stop unauthorized use of the Services or prevent infringement. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s). The American Arbitration Association will administer the arbitration under its Consumer Arbitration Rules, which are found along with filing instructions at www.adr.org or by calling 1-800-778-7879.

You agree to submit to the personal jurisdiction of any federal or state court in Orange County or Los Angeles County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

NO CLASS ACTIONS

You must resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO , WITH THE SUBJECT LINE, ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.

OPT-OUTS MUST BE SENT WITHIN 30 DAYS OF YOUR AGREEMENT TO THESE TERMS; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, ACCURATEWEATHERONLINE ALSO WILL NOT BE BOUND BY THEM.

AccurateWeatherOnline will provide 30 days’ notice of any material changes to this section by posting on the Services, sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective 30 days after they are posted on the Services or sent to you.

Any changes will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed, and the court or arbitrator shall apply the first dispute resolution and class action waiver sections in place before the amendment. These sections shall survive any termination of the Services.

 

GOVERNING LAW

California law applies to the interpretation of the Terms and the relationship between you and AccurateWeatherOnline, without regard to California’s conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County, California. We both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, or Orange County, California for the purpose of litigating all such claims or disputes that are not subject to arbitration.

 

LIMITATIONS PERIOD

Any cause of action arising out of or relating in any way to the Terms or our Services must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. While certain jurisdictions may not enforce a contractual limit on the statute of limitations, you agree that it is to be applied as broadly as possible.

 

MODIFICATIONS

AccurateWeatherOnline may modify, add, or delete all, or portions of, these Terms at any time. Your use of the Services after changes have been posted on the Site means you agree to the changes.

AccurateWeatherOnline may also change the Services, to, for example, add, modify, or remove features, update the functionality of the Services, or modify how our Services are provided. Any future release, update, or other addition to the Services will be subject to these Terms, unless and until an updated set of Terms is posted. We may also suspend or terminate the Services for any reason, without notice, at any time.

 

ADDITIONAL TERMS

These Terms replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in the Terms and constitute the entire and exclusive understanding and agreement between us and you regarding the Services. Our decision not to enforce any part of these Terms will not be considered a waiver. You may not amend these Terms. Certain sections of these Terms shall survive any termination of your Account or any aspect of the Services even if we cease offering Services. Instead, any invalid or unenforceable part or provision will be replaced by a valid and/or enforceable part that meets the intention of the parties as much as possible. If any part of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.

All of AccurateWeatherOnline’s rights and obligations under these Terms, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law.

 

Please direct any questions to .