SportsWeather, LLC and its affiliates (collectively, SPORTSWEATHER, us, our, or we) provide you with access to SPORTSWEATHER’ proprietary weather related, multi-sports services technology enabled platform, applications and data analytics (the “Service”). Access to the Service is conditioned on your compliance with the terms and conditions contained in this License Agreement (this SportsWeather License Agreement).
Your rights and access to the Services: (a) are non-assignable, non-transferable, nonsublicenseable and (b) are strictly limited to your personal noncommercial use (subject to the License Agreement). SPORTSWEATHER retains all ownership, intellectual property rights and all other right, title and interest in and to the Services, and underlying software and technology and in all copies, improvements, enhancements, modifications and derivative works thereof, including without limitation, all patent, copyright, trade secret and trademark rights. SPORTSWEATHER reserves all rights not expressly granted to you hereunder. SPORTSWEATHER reserves the right, without notice, (i) to revoke your login credentials (Login Credentials) (user name together with a password); (ii) to require you to change your Login Credentials; or (iii) to deny, limit or terminate your access to the Service or any portion thereof, whether for security purposes, for violation of the Agreements, including this SportsWeather License Agreement, or for any other reason.
Except for those rights and licenses expressly granted by SPORTSWEATHER to you, SPORTSWEATHER does not grant you any other express or implied right(s). SPORTSWEATHER and all other names, logos, and icons identifying SPORTSWEATHER products and services are proprietary marks of SPORTSWEATHER and its affiliates and licensors, and any use of such marks without the express written permission of SPORTSWEATHER is strictly prohibited. Other product and company names mentioned on the Service may be the marks of their respective owners.
You acknowledge and agree that the Service is offered as is with no warranty or guarantee of accuracy, completeness, or suitability for use by any individual.
2. Availability. The Services shall be available to you, upon your agreement to the Agreements, including this SportsWeather License Agreement and such other terms and conditions as SPORTSWEATHER may require. SPORTSWEATHER may terminate your access to the Services if you or the Licensee breach any of the Agreements or for any other reason in SPORTSWEATHER sole and exclusive discretion.
3. Your Obligations and Your Consent. You will use the Services pursuant to the Agreements. You are solely responsible for ensuring that you secure your Login Credentials and do not share your Login Credentials with others. SPORTSWEATHER will assume that any person using the Service under a given Login Credential is the individual associated with such Login Credential in SPORTSWEATHER records and will grant access to data, records and other information and capabilities accordingly. Using, or permitting the use of, the Service under Login Credentials not actually assigned to a particular individual is prohibited. You agree that the Service will be used solely for the purposes and functions contemplated in the Agreements and you shall refrain from using the Service for any other Prohibited Conduct. Prohibited Conduct shall include, but is not limited to, using or permitting the use of the Service other than those expressly authorized, permitting or facilitating use of the Services by any party other than you, sublicensing, timesharing, renting, providing service bureau services based on the Services, permitting or facilitating third parties in evaluating the Services, and tampering with or attempting to access other user accounts or information of other users.
You represent and warrant that all User Data that is provided by you or on your behalf, or uploaded, stored, processed, contained included and/or integrated into the Services by you or on your behalf has been collected in accordance with applicable laws and with your full consent. You hereby consent to SPORTSWEATHER use of the User Data as provided herein.
You are responsible for all internet, communication, device and other equipment, and any other costs associated with the use of the Service. Use of the Service may impact your cellular data usage or other data plan.
5. Warranties and Limitation of Liability. ALL SERVICES PROVIDED BY SPORTSWEATHER ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. SPORTSWEATHER DISCLAIMS AND YOU HEREBY WAIVES ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AVAILABILITY, TITLE, NONINFRINGEMENT, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE, ANY WARRANTY OF COMPATIBILITY, OR ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE SERVICE. SPORTSWEATHER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES RELATED TO YOUR USE OF THE SERVICES. SPORTSWEATHER SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTIES NOR DEEMED TO BE IN DEFAULT OF THIS SPORTSWEATHER LICENSE AGREEMENT, ON ACCOUNT OF ANY DELAYS, ERRORS, MALFUNCTIONS, COMPATIBILITY PROBLEMS OR BREAKDOWNS WITH RESPECT TO THE SERVICE, SPORTSWEATHER EQUIPMENT, DATA OR SERVICES PROVIDED HEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASES OF INTENTIONAL MISCONDUCT, IN NO EVENT WILL SPORTSWEATHER AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE SPORTSWEATHER LICENSE TERMS, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPORTSWEATHER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6. Indemnification. You shall indemnify, defend and hold harmless SPORTSWEATHER, its past and present directors, affiliates, partners, officers, employees and agents from and against all liabilities, damages and expenses, claims for damages, suits, proceedings, recoveries, judgments or executions (including but not limited to litigation costs, expenses, and reasonable attorneys' fees) which may be suffered by, accrued against, charged to or recoverable from SPORTSWEATHER, its past and present directors, affiliates, partners, officers, employees or agents by reason of or in connection with your use of the Service, your performance or failure to perform, as a result of your prohibited conduct, or improper performance of any of your obligations, including without limitation your breach of any applicable laws, rules, regulations or statutes in the use of the Service.
7. Modifications. SPORTSWEATHER retains the right, in its sole discretion, to enhance, modify or alter the Service at any time (SPORTSWEATHER Modifications). It shall be in SPORTSWEATHER sole discretion to determine which SPORTSWEATHER Modifications you receive.
8. Payment, Cancellation and Refund for Subscription Services. Any fees to register to access subscription based Services shall be paid through third party payment systems or app-stores utilized by SPORTSWEATHER. All fees paid for the Services are non-refundable, regardless of whether or not you actually use the Services. You are responsible for paying all applicable taxes for the Services and any other costs incurred in connection with the use of or access to the Services. If you register for a recurring subscription, you will continue to be charged for the Services until you cancel the Services. You may cancel a recurring subscription at any time by emailing firstname.lastname@example.org. Include the name and email address associated with your account. Some cancellations may require you to contact the third party app-store where you registered for the recurring subscription. Cancellation of your subscription will not release you from your responsibility to pay all charges incurred prior to cancellation. SPORTSWEATHER reserves the right to issue refunds or credits in its sole discretion. If SPORTSWEATHER issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. All questions and requests related to the Services shall be submitted to email@example.com.
9. General Provisions. No waiver by SPORTSWEATHER of any provision or any breach of the Agreements, including this SportsWeather License Agreement constitutes a waiver of any other provision or breach of the Agreements, including this SportsWeather License Agreement and no waiver shall be effective unless made in writing. The right of SPORTSWEATHER to require strict performance and observance of any obligations hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing. You shall not sell, assign, license, sub-license, or otherwise convey in whole or in part to any third party the Agreements, including this SportsWeather License Agreement or the Services provided hereunder without the prior written consent of SPORTSWEATHER. The Agreements, including this SportsWeather License Agreement are governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to the Services, including compliance with this SportsWeather License Agreement, shall be submitted to binding confidential arbitration in Atlanta, Georgia as provided herein.