KSMI Weather End User License Agreement

Updated October 31, 2022

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The following terms and conditions constitute a binding legal agreement ("Agreement") between KSMI Weather Inc. ("KSMI") and the Customer (defined below, together with KSMI, collectively, the "Parties" and each a "Party"). This Agreement sets forth the terms and conditions that govern Customer’s access to and use of the KSMI weather service (the "Service").

These terms and conditions may change from time to time, and it is your responsibility to check for such updates. The last revision data for these terms and conditions is set forth below (and will be available on the Service webpage). As outlined in the Agreement below, you use this Service entirely at your own risk. KSMI wishes to highlight the highly unpredictable nature of weather, and accordingly, weather services. As below, KSMI makes no warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of this Service or the content contained. You use this Service entirely at your own risk.

BY ACCESSING OR DOWNLOADING (ANY CONTENT), RECEIVING OR REVIEWING ANY CORRESPONDENCE, OR IF APPLICABLE, BY CLICKING "I AGREE" TO THIS AGREEMENT, CUSTOMER (I) ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND (II) ACCEPTS, AND AGREES TO BE BOUND BY AND TO COMPLY WITH, THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF CUSTOMER DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CUSTOMER MUST NOT ACCESS, ACTIVATE, OR OTHERWISE USE THE SERVICE AND, IN SUCH CASE, KSMI DOES NOT GRANT CUSTOMER ANY RIGHTS TO USE THE SERVICE. FOR GREATER CERTAINTY, ACCESSING OR USING ANY PART OF THE SERVICE OR, IF APPLICABLE, BY CLICKING "I AGREE" TO THIS AGREEMENT, IS THE EQUIVALENT OF CUSTOMER EXECUTING AND DELIVERING THIS AGREEMENT AND, NOTWITHSTANDING THE FIRST SENTENCE OF THIS PARAGRAPH, INDICATES CUSTOMER’S ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY AND TO COMPLY WITH, THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Customer

In this Agreement, "Customer" means: (i) any person who accesses or uses (in any form) the Service (provided that the term person includes an individual or any type of corporation, company, partnership, association, organization, joint venture, or trust), regardless of whether or not that person is a member of a group with a larger umbrella subscription arrangement. For clarity, a Customer explicitly includes a person who is accessing the service through a third party (large scope organization) access agreement. It is not necessary for the Customer to be the direct billed party.

Effective Date and Term

The date on which this Agreement is accepted by Customer (by first accessing or otherwise using the Service or, if applicable, by clicking "I Agree") is the "Effective Date".

If not otherwise provided under a separate third party umbrella agreement, this Agreement shall terminate after one (1) year unless renewed by the parties. If a separate third party, umbrella agreement has provided for a set term, such term shall apply.

Grant Of License

KSMI grants to Customer a limited, non-exclusive, revocable, non-transferable, non-sublicensable, right to use the Service solely for informational purposes, subject to the limitations, restrictions and requirements specified in this Agreement and any other ancillary agreement which may provide access (the "License").

Proprietary Rights

Customer acknowledges and agrees that the Service and all intellectual property rights therein (including, without limitation, all technical information, technical data, inventions, products, data, algorithms, design, methods, know how, processes, copyrights, patents, trade secrets, software (including object code and source code), models, patterns, drawings, specifications, prototypes, discoveries, techniques systems, works of authorship, ideas, and concepts, and all intellectual property rights therein (whether or not patentable or registerable under patent, copyright, trade mark, trade secret or similar legislation or subject to analogous protection) ("Intellectual Property")) and all modifications, changes, enhancements or additions thereto from time to time, shall remain the exclusive property of KSMI, and that, other than the License as granted in this Agreement, Customer acquires no rights in or to the Service.

Terms of Use

Without the expressed written consent of KSMI, no information or material from this Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials onto any single computer. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on this Service and any content accessed through this Service (as outlined in this Agreement).

You will use this Service and any content, material, or information found on this Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through, this Service any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or that contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through this Service. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through this Service. Any conduct by you that in KSMI's discretion restricts or inhibits any other user from using or enjoying this Service will not be permitted.

KSMI has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through this Service or that is displayed through the Service, and KSMI is not responsible for any of this material or information. However, KSMI reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, KSMI reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.

The foregoing provisions of this section are for the benefit of KSMI, its affiliates and related companies and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Disclaimer of Warranties & Limitation of Liability

The information contained on this Service is for exclusively and solely for informational purposes and it is not intended to meet any particular user's need. Documents provided on this Service are provided as a service only, and do not constitute official versions of such documents. The Service is provided on an "as is" and "as available" basis. KSMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to this Service or the content contained in or accessed through this Service.

Neither KSMI nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of this Service or the content contained in or accessed through this Service, including, but not limited to, the contents of any content, information, material, images, or posting found on this Service, any services provided through this Service, or any links to other sites made available on this Service or the content contained on such site(s), or as to the continuous or error free use and operation of the internet or this Service.

Neither KSMI nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants, or agents makes any representations or warranties that this Service or access to and use of this Service will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of this Service is at your sole risk.

Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall KSMI or its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss of any kind (including any loss of revenue or profits or business interruption) that result from the use of, or the inability to use, any content, information, material, images, or postings on this Service (however caused), directly or indirectly, or the transmission of confidential or sensitive information over the internet, even if such damages are foreseeable or KSMI has been advised of the possibility of such damages. Customer further expressly acknowledges and agrees that, despite reasonable precautions taken by KSMI to ensure security of the Service, the internet provides the opportunity for unauthorized third parties to gain access, and KSMI cannot and does not guarantee the privacy or security of any customer data transferred over or connected to the Internet. This section shall survive a fundamental breach or breaches and/or failure of the essential purpose of this agreement.

Customer confirms that it has not relied on any representation, warranty, condition, covenant or promise made by KSMI that has not been expressly stated in this agreement. Customer acknowledges that the entire risk arising out of the access or use of the Service remains with customer.

Further Limitations

Notwithstanding anything to the contrary in this Agreement, in no event shall KSMI’s aggregate liability to Customer in connection with this Agreement exceed $100, and Customer expressly acknowledges and agrees that its only recovery for any damages that it may incur, and that its exclusive remedy, shall be limited to the direct damages that Customer actually incurs up to, the maximum aggregate amount of $100.

No action against KSMI, regardless of form (including negligence), arising out of or in any way related to this Agreement may be brought by Customer more than one year after the cause of action has arisen.

The limitations of this Section shall apply whether or not an alleged breach or default is a breach of a fundamental condition or term.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless KSMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all loss, cost, expense, damage, claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these provisions; or (ii) your use of this Service, the content contained in this Service and the placement or transmission of any information or other materials on this Service made by you or others using your account. You agree to promptly notify KSMI immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. KSMI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim. This indemnity shall survive any termination or expiration of this Agreement.

Submissions

You hereby grant to KSMI a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to this Service or by e-mail to KSMI and/or to incorporate it in other works regardless of form, medium or technology. You agree that any information submitted for inclusion at this Service does not infringe the intellectual property or other rights of any third parties and you grant KSMI a right to provide access to the information from the Service.

Linked Sites

Services accessed via hypertext link or other means from this Service have, unless otherwise indicated, been independently developed by third parties and we do not warrant the accuracy or completeness of the information contained in such sites. The inclusion of any information, material, content or links on this Service should not be construed as an express nor an implied endorsement of any third party products or services.

Third Party Content

KSMI is a distributor (and not a publisher) of content supplied by third parties and users of this Service including, but not limited to, the images displayed on third party cameras. Accordingly, KSMI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, images or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of KSMI. In many instances, the content available through this Service represents the opinions and judgments of the respective information provider or user. KSMI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Service by anyone other than authorized KSMI employee spokespersons while acting in their official capacities.

Viruses

KSMI also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Service or your downloading of any materials, data, text, images, video, or audio from this Service.

Recourse

If you are dissatisfied with this Service or these provisions, your sole and exclusive remedy is to discontinue using this Service. In such an event, you agree to destroy all materials obtained by you on this Service and all copies thereof. These provisions shall survive any such termination.

Confidential Information and Privacy

KSMI respects each individual's autonomy and is committed to protecting the privacy of all users of the site. KSMI's stance on privacy is very simple. KSMI collects personal information about you only when you knowingly and willingly provide it; and secondly, KSMI will not share or otherwise profit from the distribution of personal data beyond the use it was provided to fulfill. As with all KSMI's relationships either on or off the Internet, KSMI holds its customers' information with care and in strict confidentiality. Notwithstanding, KSMI reserves the right at all times, without prior notification to you, to disclose any information about you or your use of this Service as necessary to satisfy any law, regulation, governmental request or court order.

KSMI does aggregate, non-personal information about our customers from surveys (with such information having been voluntarily provided) to better understand our customers' needs and to improve our services overall. This aggregate information is shared with business-partners and advertisers but does not include any personally identifiable information and does not put the confidentiality of your information at risk. Complete confidentiality and security is not yet possible over the Internet. Internet use and communication is subject to interception, loss and alteration. On whichever site you provide personal information, it is possible for a third party to view that information. You acknowledge and agree that KSMI and its affiliates and related companies shall not be responsible for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.

Miscellaneous Terms

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The Parties irrevocably attorn to the non-exclusive jurisdiction of the courts within the Province of Ontario in respect of all matters and disputes arising hereunder.

This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Customer may not assign all or any part of this Agreement, without the prior written consent of KSMI, and KSMI may assign this Agreement without the consent of Customer at any time. If any provision hereof is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue to be valid and enforceable.

Notices may be provided via email.

KSMI reserves the right, in its sole discretion, to make changes to this Agreement at any time and for any reason during the course of this Agreement. KSMI may notify Customer of such changes by posting them to the Service or by sending them to the Customer by e-mail. Any changes to this Agreement will be effective immediately upon the earlier of (i) being posted to the Service and (ii) notice being sent to Customer. Customer’s continued use of the Service after any changes have been made to this Agreement shall constitute Customer’s acceptance of those changes and of this Agreement as modified by those changes. If Customer does not agree to any changes made to this Agreement, then Customer must immediately stop using the Service.

In this Agreement, any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word "or" is not exclusive; the words "including", "includes" and "include" mean "including without limitation"; and "shall" means "will" and "must", all three of which can be changed interchangeably and shall not mean "may".

Customer expressly acknowledges and agrees that it has carefully read and understood this Agreement and has either obtained, or independently chosen to not to obtain, independent legal advice before accepting the terms of this Agreement.

If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Contact Us

We hope this statement has been informative and clear. Please e-mail us regarding any questions or further information you may be interested in.

By clicking "I agree to the KSMI Weather End User Agreement", you are confirming that you agree to the KSMI Weather End User Agreement. If your account is approved, a copy will be emailed to the email on file and kept on file in our records.

I agree to the KSMI Weather End User Agreement.