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1. SUMMARY
The World Climate Service cannot warrant that the information provided is accurate, meets any purpose, or reliably represents events that have happened or will happen. You agree that the information and materials you receive are our property, for your exclusive personal or business use, and that you will not copy, transmit, or broadcast in any way these materials for the use of other persons or entities. Moreover, you agree that we not liable for any outcomes, be they favorable or unfavorable, resulting from your use of this information.
2. TERMINOLOGY
The terms "we", "us", "our", and "WCS" refer to the World Climate Service,
a joint venture of Weather Ventures Ltd., ZedX, Inc. and MeteoConsult and to Weather
Ventures Ltd, MeteoConsult and ZedX, Inc. operating individually and
together to provide WCS facilities.
The terms "you", "your", and "user" refer to you as a user of WCS facilities.
3. AGREEMENT
By subscribing to World Climate Service facilities you agree to ALL these terms and conditions. If you do not agree, either do not subscribe or ask us to cancel your subscription. Your electronic assent during subscription and payment of our fees constitutes a legally enforceable agreement with these terms and conditions.
You agree that WCS can modify these Terms and Conditions of Use at its sole discretion with notice given by posting the revised version on its website.
4. PRIVACY AND ACCURACY
You agree to provide accurate information in subscribing to our service and you assure us that you are of legal age and have the authority to subscribe to our services and to enter into this agreement. Registration data and any other information about you will be protected vigorously and not shared with any outside parties without your permission. You agree to protect your password from discovery and that you will not share it with any other person or entity.
You agree to refrain from attempting to penetrate our website beyond the pages we show you and you agree to refrain from attempting to determine private information about other WCS customers from our websites or revealing any such information obtained incidentally from our facilities.
5. RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, ALL the WCS content on our website or in our publications, including text, graphics, images, and other devices, is our property and remains our property. You may use our property for your personal and business use, but you may not copy and deliver, reproduce, republish, or transmit these materials to other persons or entities in any way. In other words, you can keep copies of the materials for which you subscribed, complete with any copyright or proprietary notices. You may show them to colleagues and associates as physical or electronic copies, but you may not give them, or send them, copies of any of our materials. make copies, publish, or transmit such copies to anyone else without our permission.
You may not modify our trademarks or the names The World Climate Service or The World Climate Advisor where they appear on charts or documents and you may not affix them as logos to your charts or use them on other materials not our property.
If you violate these terms, we may deny you access to our materials or seek legal protection against your actions.
You may modify our materials for your own personal or business purposes, but you may not
6. DISCLAIMER OF ANY AND ALL WARRANTIES
We disclaim any warranty that the offerings of the WCS will be of value to you or your business, serve any specific purpose, or provide any benefits. While we will promise to do our best to provide accurate information, we are dependent on providers of meteorological information throughout the world. More significantly, we cannot warrant that any data, information, or forecasts will be correct. We will provide clients with timely and accurate verification statistics for our forecasts, but you agree that you will determine through your own studies and analysis whether our products provide benefits to you.
We cannot provide any assurance or warranty that our products will be delivered on time or in the format or manner that you might expect, owing to the uncertainties of communication on global electronic open-use networks and the possibility of events beyond our control.
Our products and services are thus supplied "as is" and "when available" and we disclaim any warranty, explicit or implied.
7. LINKS TO OTHER SERVICES
We may provide links or references to outside services and resources. If you use those services, then their terms and conditions apply and WCS has no responsibility for their availability or for the consequences of your use of them.
8. LIMITATION OF LIABILITY
We shall not be liable for any direct or indirect damages related to personal or business losses you experience by relying on our information or on information from other parties obtained through us. Moreover, our protection from liability is valid regardless of what notice you may have given us about actual or potential adverse effects of our information on your activities.
We provide all of our materials, information, and forecasts "as is" and "when available", for your use. Whether you decide to use our materials or not, we have no liability for any outcomes you experience. You decide whether to use our information and you accept the consequences of your decision.
9. INDEMNIFICATION
You agree to fully notify any party relying on advice or instructions you provide to them based on our information that there are no warranties and that our information is furnished "as is" and "when available". Your further agree to indemnify us severally and individually against any and all costs and damages we might encounter from claims or actions against us based on your use of our information.
10. CONTENT POLICY AND COMPLAINT PROCEDURES
We will be diligent in protecting intellectual property rights of others and in preventing offensive, defamatory, or unlawful materials from appearing in our websites and publications. If you encounter in our website or publications material that infringes your intellectual property or other rights or those of other parties or which is in violation of U.S. law or which is obscene, offensive, defamatory, or otherwise objectionable, we ask you to notify us promptly by email at info@worldcx.com. For us to respond as quickly as possible to any complaint, please provide us with as much detail as possible. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the United States.
11. TERMINATION
Either party may terminate this agreement, but you are bound after termination by your agreement to protect our materials and refrain from copying or distributing them. If we terminate this agreement because you have violated provisions of it, we may take whatever legal action we consider appropriate, regardless of the consequences to you or your business.
12. JURISDICTION
The World Climate Service provides information to clients throughout the world. Its offices and its joint venturers are domiciled in The Commonwealth of Pennsylvania and subject to the laws of the United States and the Commonwealth. Users of our materials must comply with those laws as they relate to these matters, agreements, information, and use of our facilities. You agree that any legal action related to The World Climate Service will be filed with state or federal courts in Pennsylvania and you agree to be subject to those jurisdictions in such matters.
13. TIME LIMITATION
Although you have agreed that we disclaim warranties and have no liability, you further agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to use of any WCS facilities, and/or these Terms and Condition of Use, or your subscription to our services, must be filed within one (1) year of the date the claim or cause arose, or be barred as untimely.
14. SEVERABILITY
You agree that the remaining terms and conditions enumerated here shall remain valid even though any one or more of them is determined to be void for any reason.
LAST UPDATED: 13 July 2003
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