Last Updated: December 15, 2016

WEBSITE TERMS OF USE

This website (the “Website”) is owned and operated by Whether or Knot LLC, d/b/a AerisWeather (“AW”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using this Website, you agree to these terms of use (the “Terms”).    If you do not agree to the Terms, please do not use the Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to the Terms will mean you accept those changes.   These Terms shall set forth the terms and conditions pursuant to which you can use the Website.   

THE WEBSITE

The Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Website is the property of AW or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. AW hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Website for personal or informational purposes only. Except as expressly authorized by AW in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Website for any purpose or “frame" or "mirror" the Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to AW and/or its licensors.

To use certain features of the Website or participate in certain activities sponsored by AW, we might ask you to register as a participant or user.  If so requested, each Website user must: (a) personally provide true, accurate, current and complete information on the Website's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, AW has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, AW may suspend or terminate any and all current or future use of the Website by that user.  A user may receive passwords and account designations upon completing certain Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.  

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to AW or the Website, shall be collectively referred to as the “Content.”   The submitting user retains ownership of Content.  Notwithstanding the user’s ownership, the submitting user grants AW the royalty-free, world-wide, perpetual, non-exclusive, transferable license to AW to use, reproduce, modify, edit, publish, distribute and display such Content through the Website or those related websites or applications hosted by AW.  AW has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. AW shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. AW, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Website users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting, posting or sharing Content on the Website: (a) you shall not upload to, distribute through or otherwise publish through the Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from AW; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights.  AW shall not be liable in any way for any Content.

Your Content is deemed non-confidential and the AW has no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Content, except pursuant to the AW privacy policy.   

AW does not verify, endorse or otherwise vouch for the Content. Content submitted to the Website or the AW does not represent the views of AW, or any individual associated with AW, and AW does not control this Content. In no event shall you represent or suggest, directly or indirectly, AW’s endorsement of your Content.  AW does not vouch for the accuracy or credibility of any Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading Content on the Website. 

THE APPLICATIONS

Use of the AW web, desktop or mobile applications is subject to the terms and conditions of the Application License Agreement (www.aerisweather.com/support/docs/license/).

USE OF WEBSITE BY CHILDREN

THIS WEBSITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

TERMINATION

AW may terminate your use of the Website for: (a) breach of these Terms; (b) your abuse of Website resources or attempt to gain unauthorized entry to the Website; or (c) as required by law, regulation, court or governing agency order.  AW's termination of any user's access to the Website may be effected without notice and, on such termination, AW may immediately bar any further access to the Website. AW shall not be liable to any user or other third party for any termination of that user's access to the Website.  In the event of termination, AW reserves the right to delete or save a user’s Content at AW’s sole discretion.

LINKS

The Website may provide links to other websites. AW exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.  

LIMITED WARRANTY; LIMITATION OF LIABILITY

EACH USER'S USE OF THE WEBSITE IS AT HIS OR HER SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  DOAPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOAPP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COPYRIGHTS

AW respects the intellectual property rights of others, and requires that the people who use the Website do the same. It is our policy to respond promptly to claims of intellectual property misuse.  If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:  (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit AW to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

John Roberts New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com

PRIVACY

AW agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at www.aerisweather.com/privacy/ or by sending an e-mail request to: privacy@aerisweather.com.

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and AW and govern each user's use of Website, superseding any prior agreements. The Terms and the relationship between each user and AW shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  This Website is controlled and operated by AW from its offices within the State of Minnesota, United States of America. AW makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.   If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between AW and any user.