Terms of Use – iOS –Collective Weather Apps(“Application Provider”) provides the application (“Licensed Application”) through which the Services (as defined below) are delivered and licensed to you (“You” or “Your”) solely for use under the terms of this End User License Agreement (this “License”). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. Application Provider reserves all rights not expressly granted to You. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE THE LICENSED APPLICATION OR THE SERVICE.
The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any device you own or control as permitted by application store rules. This License does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. This license does not include any resale or commercial use of the Licensed Application or the Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the licensing terms governing any open source components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You agree that Application Provider may collect and use Operational Data, Usage Statistics and related information including, but not limited to, technical information about Your device, system, application software, and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any). Data, including Report Data, may also be used by research technicians for technical product development.
The Licensed Application enables access to the Services as well as third-party services and websites for reporting purposes. Use of such Services and third-party services and websites may require Internet access and further require that You accept and comply with additional terms of service.
(i) You understand that by using the Licensed Application and the Services, You may encounter content, vdata, information, applications, links to third-party websites or other materials that may be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to such material. Accordingly, You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or otherwise objectionable.
Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of access to any such Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
(i) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED EXCLUSIVELY “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONTINUOUS OPERATION, AND NON-INFRINGEMENT. APPLICATION PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO. APPLICATION PROVIDER DOES NOT WARRANT THAT THE SERVICE AND ANY PRODUCTS LICENSED WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(ii) You agree that the fees charged by Application Provider and paid by You are based on and reflective of the allocation of risk contemplated by this section and that the limitations in this section are an essential element of the agreement between You and Application Provider.
You hereby indemnify and hold harmless, and upon Application Provider’s request, defend, Application Provider and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on:
You will reimburse Application Provider and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section g, provided that Application Provider attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Application Provider shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Application Provider’s request. Application Provider shall have the right, at its expense, to participate in the defense thereof under your direction.
IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APPLICATION PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, APPLICATION PROVIDER, AND ALL PARTIES TO ANY SUCH PROCEEDING.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Licensed Application, the Service or this License must be filed within one (1) year after such claim or cause of action arose or be forever barred. You understand that, in return for agreement to this provision, Application Provider is able to offer the Licensed Application and Services to you on the designated terms, and that Your agreement to this provision is an indispensable consideration to this License. You acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed Application or Services:
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.