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If You are using the APIs on behalf of an entity, You represent and warrant that You have authority to bind that entity to the Terms of Use and by accepting the Terms, You are doing so on behalf of that entity and all references to “You” in the Terms refer to that entity as well. You represent that You are at least eighteen 18 years of age or the age of majority in Your jurisdiction and have the capacity to create a binding legal obligation with regard to Your commitments in the Terms of Use.

We have the right to update or change the Terms of Use at any time. The most current version of the Terms of Use will supersede and replace all prior versions. By continuing to use the APIs after modifications are made, You agree to be bound by any and all changes to the Terms of Use.

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Provided that You fully comply with these Terms of Use and pay the applicable fees, You are granted the license below. Account and Registration. Developer consents to receiving phone calls, emails, texts or any other type of messages from AccuWeather relating to the account and for general marketing purposes. In the event that You suspect that either may have been compromised, You shall notify AccuWeather immediately and terminate Your account.

You are responsible for any and all activity in connection with Your API license key s and Your account. You agree to have complete and correct billing and credit card information on file at all times and to be responsible for all charges in relation to Your account.

You agree to keep such account information and API license key s information confidential. Subscription Terms. You agree to pay to AccuWeather the Package fee s. Charges will be calculated based upon the subscription Package selected, and are applicable to the current version of the package selected. You may cancel Your Package at any time. 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.

Fees and payment terms therefore are subject to change, so please check these Terms of Use from time to time. Packages, once purchased, are nonrefundable, regardless of use or lack of use by You.

Absolutely no credits or refunds are available. Once a charge has been processed to Your credit card or wireless account, You shall not request that Your credit card reverse the charge or charge it back to AccuWeather. If You have a legitimate basis to request a credit for a charge previously processed against Your 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 You.

Such costs may exceed the cost of the reversed item or charge back by many times. Renewal Terms. Monthly subscription Packages shall continue to renew monthly until either party terminates. Each month, you will be billed for that calendar month at the start of that calendar month at midnight UTC time; however your charges may not appear until the second calendar day of the month.

Developer may cancel the subscription Package at any time. Responsibility for Developer Uses. Developer is solely responsible for Developer Uses and AccuWeather shall have no liability or obligations to You or to any third parties with respect to the same including support obligations. Developer represents, warrants and covenants that Developer has and will at all times maintain the right to provide all of Developer Uses hereunder and the Developer Uses do not infringe the intellectual property or other rights of any third parties.

Developer also represents, warrants and covenants that all of Developer Uses will not contain viruses, worms, malware or any other harmful scripts or code. AccuWeather reserves the right to suspend or terminate access to the APIs without prior notice in the event that You are suspected of violating the Terms of Use. AccuWeather reserves the right to change or substitute the API Data included in the APIs from time to time and to adjust or modify the content, graphics or images contained therein.

Exclusions, Conditions and Restrictions of License. Specifically excluded from the License grant relating to the APIs and the API Data are any television type uses such as electronic publishing, database transmissions, side band transmissions, cable castings, over-the-air transmission, nationally originated television, locally originated television, cable television, satellite television, internet protocol television, OTT, interactive television or other types of broadcasts, such as radio broadcast, internet broadcast, wireless broadcast, satellite or other broadcast technology which currently exists or which may exist in the future. Sony ericsson w20i unlock code free online.

You agree not to use the APIs, the API Data or the AccuWeather Mark for any purpose that is prohibited by law or in connection with any activity that may be unlawful or which would otherwise be considered to violate the rights of third parties.

Developer agrees that the License does not allow and Developer will not: Developer agrees to the following conditions: Developer may cache the API Data for up to two 2 weeks for purposes of improving the user experience. There are no rights to store API Data for any other purpose.

If AccuWeather assigns Developer credentials e. In the event that the desired use by Developer is not covered by the License herein, You may contact AccuWeather at sales accuweather. AccuWeather may change the APIs at any time without notice and for any or no reason, in its sole discretion, and Developer acknowledges these actions may make the version of the APIs being utilized by Developer obsolete.

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All comments, feedback information or materials submitted by Developer to AccuWeather shall be considered non-confidential and Property of AccuWeather. AccuWeather shall be free to use them on an unrestricted, royalty-free basis.

AccuWeather is not responsible to Developer or any third party or entity in connection with Developer Uses. Intellectual Property Rights. AccuWeather reserves all right, title and interest in and to the APIs, the API Data excluding any public domain data provided through the API , and the AccuWeather Mark s , including, without limitation, any and all worldwide copyright, patent, trademark, trade secret and other intellectual property rights therein, and, except for the rights and licenses expressly granted hereunder.

You disclaim any right, title or interest in or to the AccuWeather Mark s. Privacy Policy. Any data or information collected in connection with the Developer Uses e. In connection with the Developer Uses, Developer agrees to be solely responsible for any Developer Uses, including but not limited to such liability which results from infringement of copyrights, patents, other proprietary rights, or any other harm including but not limited to harm caused by spyware, malware, worms, Trojan horses and viruses resulting from Developer Uses.

For purposes of clarification, the indemnification obligations of Developer shall not include any third party claims that the APIs, the API Data, or the AccuWeather Mark s , as provided by AccuWeather without modification and not as implemented by Developer or combined with Developer Uses, directly and independently and infringe the intellectual property rights of a third party.

Technical Support. AccuWeather has no obligation to provide You or any third party with technical support unless otherwise agreed to in writing. Export Law Compliance and International Obligations. Developer agrees to comply with all export restrictions and regulations of the Department of Commerce or other agency of the US Government. You agree that You will not export or otherwise use or transfer the APIs, directly or indirectly, to a prohibited country. Any such use of the APIs may not be lawful by certain persons or in particular countries or territories.

Developer assumes all risk and is solely responsible for compliance with applicable laws, rules and regulations in a jurisdiction. Developer will comply with all applicable laws, regulations, and third party rights including without limitation laws regarding the import or export of data or software, privacy, and local laws. You will not violate any other terms of service with AccuWeather or its affiliates. Developer represents and warrants that all Developer Use and any products, services, software, equipment, technology or materials of any kind utilized by Developer in connection with the use or display of the APIs or the API Data does not and will not violate or infringe upon the intellectual property rights or other rights of any third party or violate any applicable rule, law, regulation and will not create any liability for AccuWeather.

If You use the APIs as an interface to, or in conjunction with other AccuWeather products or services, then the terms for those other products or services also apply. If there is a conflict between these terms and additional terms applicable to a separate agreement between You and AccuWeather or an affiliate in common ownership with AccuWeather, the additional terms will control for that conflict. Limitations on APIs. You agree to, and will not attempt to circumvent, such limitations documented with the APIs.

If Developer desires to use any APIs beyond these limits or the license described herein, Developer must obtain AccuWeather’s express consent. To seek such approval, contact AccuWeather. Additional Terms and Conditions. AccuWeather Intellectual Property. Developer agrees to disclose to AccuWeather any uses of the Property of AccuWeather of which it becomes aware which fall outside the scope of the license granted hereunder and to either terminate the unlicensed use or work to secure a license from AccuWeather for the use.

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Following termination of the Terms of Use, Developer shall not use the Property of AccuWeather, whether protectable under law or not, and Developer shall not duplicate or imitate same in any manner. By way of example, but not limitation, the types of communication devices covered by these LBPs may include mobile phones, laptops, computers, tablets, navigation devices, personal digital assistants, televisions, digital signs and other similar devices.

Developer may not use the LBPs unless specifically authorized by AccuWeather to do so in a separate written license agreement. Events Beyond AccuWeather’s Control.

AccuWeather shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third parties to perform, continue or renew their contractual arrangements with AccuWeather nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of AccuWeather.

This shall be the exclusive remedy hereunder. No Warranties. AccuWeather makes no express or implied warranties, guaranties or affirmations that weather will occur or has occurred as the reports, forecasts, graphics, data, briefings or information comprising the Service state, represent or depict and AccuWeather and its affiliates shall have no responsibility or liability whatsoever to Developer 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.

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English Language. The parties agree to the Terms of Use in the English language. Any translation of the Terms of Use is provided for convenience only and the English Terms of Use will solely govern relationship between the parties. Choice of Law. The parties agree to submit to the Pennsylvania Courts only, any dispute arising out of the Terms of Use 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.

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Neither the Terms of Use nor any rights or obligations hereunder may be assigned by Developer without the express written consent of AccuWeather and written acceptance of the Terms of Use by the assignee. No Agency. Nothing herein shall be deemed to create an agency, partnership, employment relationship, or joint venture between the parties.

Any manner of suit, action or claim of any nature or kind against AccuWeather by Developer or third parties shall be brought within one year from date of occurrence of the earliest event giving rise to such suit, action or claim.

AccuWeather shall have no responsibility to retain records of transmissions by or between AccuWeather and Developer or records of forecasts, data, graphics or products in whatever form or nature, that may have been produced or supplied under the Terms of Use and AccuWeather shall not be required to produce same by any adverse party.

The invalidity of any paragraph, subparagraph or portion of the Terms of Use shall not affect the validity of any other paragraph, subparagraph or portion hereof and such invalid paragraph, subparagraph or portion thereof shall be reformed to achieve the intended spirit and intent of such provision between the parties.

Limitation on Damages. In no event will AccuWeather be liable to You for indirect, incidental, exemplary, punitive, compensatory, or consequential damages arising out of or in connection with the Terms of Use, under any theory of liability, whether in contract, tort including negligence , breach of warranty, or other theory. This shall be in addition to, and not in lieu of, other legal and equitable remedies available to AccuWeather and shall not affect the sums due hereunder.

The failure of AccuWeather to require the performance of any term of the Terms of Use or the waiver by AccuWeather of any breach under the Terms of Use shall not prevent a subsequent enforcement of such term by AccuWeather nor be deemed a waiver of any subsequent breach.

Headings and Captions. The headings and captions used in the Terms of Use are for convenience only, they are not to be considered a part of the Terms of Use, they in no way define, limit, construe or describe the scope or intent of the paragraphs of the Terms of Use nor in any way affect them.

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