This is an old version as of Oct 23rd, 2018 (View other versions here)
This page describes the Terms and Conditions that govern your use of weathermodels.com (the "Site"), a service of WeatherOK Inc. ("WeatherOK"). Your rights to use this Site and its content and services are restricted rights that are governed by the Terms and Conditions contained herein.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES TO THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS AND CONDITIONS, OR MODIFICATIONS. EACH TIME YOU ACCESS THE SITE AND/OR SIGN IN TO THE SITE YOU ARE RENEWING YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS, OR MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
1.1 By accessing, receiving, downloading, using, or possessing, or continuing to access, receive, download, use or possess data and content available on the Site, you are entering into this agreement with WeatherOK, and you hereby acknowledge and agree on behalf of yourself and/or on behalf of the entity or business you represent to the validity and applicability of these Terms and Conditions.
1.2 If you are using the Site on behalf of an entity or business, you represent that you are authorized to agree to the Terms and Conditions on behalf of such entity or business, and references herein to "Licensee," "you," or "your" shall be construed to mean and refer to you and such entity or business on whose behalf you have accepted these Terms and Conditions.
1.3 WeatherOK may change, add, or remove portions of these Terms and Conditions at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.4 WeatherOK may change, suspend, or discontinue any aspect of the services available on the Site at any time, including the availability of any service feature, database, or content. WeatherOK may also impose limits on certain features and services available on the Site or restrict your access to parts or all of the Site without notice or liability. YOU AGREE THAT WEATHEROK SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE.
1.5 WeatherOK makes no guarantee that its Site and/or content or services will be operational with your computer, browser, hardware, or software.
1.6 WeatherOK may charge for use of the Site.
2.1 All materials published on the Site (“Content”) are protected by copyright. Except as permitted by Sections 2.2, 2.3, or 2.4 of these Terms and Conditions, you may not modify, publish, frame, repost, reproduce, create new works from, transmit, resell, alter, broadcast, white label, redistribute, forward, display, participate in the transfer or sale of, or deliver the Content or any part of the Content in any format (including, but not limited to framing, deep linking, or embedding).
2.2 You may elect to purchase a Personal Forecaster subscription. An active Personal Forecaster subscription entitles one (1) user (“Personal Forecaster”) to use the Site and its contents and services for the Personal Forecaster’s personal, non-commercial use. A Personal Forecaster may re-publish Site Content on personal, non-commercial websites or social media channels, not to exceed five (5) maps per day, provided that the Personal Forecaster retains (i) identification of the creator of the Content, (ii) any resident copyright notices, (iii) a notice that refers to these Terms and Conditions, (iv) a URL or hyperlink to the page on which the Content is available from WeatherOK, and (v) the Site logo. A Personal Forecaster shall not crop the Content or remove the Site logo from the Content. A Personal Forecaster may download, view, print, and copy the Content and other downloadable items displayed on the Site for personal use only, provided that the Personal Forecaster maintains all copyright and other notices contained therein. Notwithstanding the terms of this Section, all use or sharing of ECMWF maps and content is strictly limited in accordance with Section 2.7.
2.3 You may elect to purchase a Commercial Forecaster subscription. An active Commercial Forecaster subscription entitles depending on subscription type one (1), two (2), or three (3) user(s) (“Commercial Forecaster”) to use the Site and its contents and services for the Commercial Forecaster’s limited commercial use. A Commercial Forecaster may re-publish Site Content on the Commercial Forecaster’s websites, not to exceed ten (10) maps per day, provided that the Commercial Forecaster retains (i) identification of the creator of the Content, (ii) any resident copyright notices, (iii) a notice that refers to these Terms and Conditions, (iv) a URL or hyperlink to the page on which the Content is available from WeatherOK, and (v) the Site logo. A Commercial Forecaster may also re-publish Site Content in the Commercial Forecaster’s reports, video programming, television programming, or social media channels provided that the Commercial Forecaster retains, to the extent practicable, (i) identification of the creator of the Content, (ii) any resident copyright notices, (iii) a notice that refers to these Terms and Conditions, (iv) a URL or hyperlink to the page on which the Content is available from WeatherOK, and (v) the Site logo. A Commercial Forecaster shall not crop the Content or remove the Site logo from the Content. A Commercial Forecaster may download, view, print, and copy the Content and other downloadable items displayed on the Site for use by the Commercial Forecaster provided that the Commercial Forecaster maintains all copyright and other notices contained therein. Notwithstanding the terms of this Section, all use or sharing of ECMWF maps and content is strictly limited in accordance with Section 2.7.
2.4 WeatherOK may offer different terms of use to industry clients, to be governed by a supplemental agreement in writing with WeatherOK. To inquire about our industry service offerings, please e-mail [email protected].
2.5 The Site may be used for lawful purposes only, and may not be used in a manner which violates or infringes the rights of WeatherOK or any third party.
2.6 The Site contains links to other websites, resources, and advertisers. WeatherOK is not responsible for the content or availability of these outside resources.
2.7 Use of ECMWF model images is strictly limited in accordance with the following terms:
2.7.1 The Site is licensed to distribute Retrievable and Non-Retrievable Value Added Services to End Users.
2.7.2 An End User is authorized to use services provided by the Site for their own internal commercial or industrial purposes or for Personal Use, but is not authorized to use them to generate Value Added Services, or to redistribute the images created by the Site via the Internet (including social media).
2.7.3 Personal Use prohibits the transmission or distribution of these Products to any third party. To broadcast and distribute ECMWF images, users need to purchase a license separately with ECMWF.
2.7.4 The Site does not grant any rights to its customers beyond those defined in the ECMWF Standard Licence Agreement.
2.7.5 An exception to this rule are weathermodels maps based on the so called WMO essentials, as these can be shared publicly within the use restrictions of each weathermodels subscription type.
3.1 WeatherOK may require registration to access certain paid Content on the Site. When you register, you will create an account (“Account”) that may enable you to access certain Site Content.
3.2 All details that you provide during Account registration must be correct, current, and complete. WeatherOK reserves the right to terminate or suspend your Account, or to deny you access to the Site, if WeatherOK determines that you have provided details that are not correct, current, and complete. You agree to maintain and promptly update such information as necessary, so that it remains correct, current, and complete.
3.3 Any usernames or passwords used to access your Account on this Site are for individual use only. You are responsible for all use of your Account, regardless of whether you authorized such access or use. You agree to notify WeatherOK’s customer service team at [email protected] if you suspect unauthorized access to or use of your Account.
3.4 You may not take any action that facilitates the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site.
3.5 You may not gain unauthorized access, or attempt to gain unauthorized access, to the Site or its associated computer systems or networks.
3.6 You may not collect, or attempt to collect, information about other users of the Site.
3.7 You may not use the Site, its registration services, or its online account services for any unlawful purpose.
3.8 WeatherOK may, in its sole discretion, terminate your Account without prior notice and for any reason or no reason. Actions that could lead to termination of your Account include, but are not limited to, permitting unauthorized Account access, any violation of these Terms and Conditions, or tampering with or attempting to tamper with the Site or its Content. Upon termination of your Account, all rights granted to you by WeatherOK at the time of registration, expressed or implied, will automatically and irrevocably terminate.
3.9 Children’s Online Privacy Protection Act Statement. The Site and its Content are not intended for use by children under the age of 13. Children under the age of 13 are prohibited from registering to use this Site. If you are under the age of 13, do not register to use this Site.
3.10 You may close your Account at any time. To close your Account, follow the prompts in the My Account user panel or email [email protected]. After you close your Account, WeatherOK will delete all Account information, including personalized settings. You will not be able to retrieve or restore these settings.
4.1 The registration process requires selecting a paid subscription package to access paid services and Content on the Site (“Subscription Service.”) The following terms apply only to registered Account holders who have purchased a Subscription Service (“Subscriber”).
4.2 Subscriber agrees to pay WeatherOK from time to time in exchange for a Subscription Service to the Site. The pricing details for each Subscription Service package are listed at Pricing. To begin your Subscription Service, WeatherOK will request valid payment card details. You may change the form of payment at any time using the My Account user panel. WeatherOK will process payments for the Subscription Service to the payment card you provide during registration of your Account.
4.3 Subscription Service packages grant Subscriber access to the Subscription Service for a limited duration, either one month or one year (“Subscription Service Period”).
4.4 Failure to pay the Subscription Service fee in a timely manner will result in an interruption or termination of the Subscription Service.
4.5 WeatherOK reserves the right to discontinue and/or cancel Subscription Services at any time and for any reason.
4.6 Fees and payment terms are subject to change upon notice to the Subscriber by WeatherOK. Only active Subscribers may be notified of changes to fees or payment terms.
4.7 Once purchased, the Subscription Service fee is nonrefundable, regardless of use or lack of use by you. No refunds are available for any Subscription Service packages. Once you agree to subscribe and a charge has been processed to your credit card, you agree that you will not request that your credit card company reverse the charge. If you have a legitimate basis to request a credit, please contact WeatherOK at [email protected].
4.8 Renewal. The Subscription Service automatically renews at the end of the Subscription Service Period. You have the right to cancel at any time. To cancel, follow the prompts in the My Account user panel or email [email protected]. When you cancel your Account, your Subscription Service will remain active until the end of the Subscription Service Period, but will not renew at the end of the Subscription Service Period. After the end of the Subscription Service Period, WeatherOK will delete all Account information, including personalized settings. You will not be able to retrieve or restore these settings.
4.9 Free Trial. From time to time, we may offer our service without charge (“Free Trial”). WeatherOK reserves the right, in its absolute discretion, to determine your eligibility for a Free Trial, and, subject to applicable laws, to withdraw or to modify a Free Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
To qualify for a Free Trial, you must provide your payment card details. At the end of the Free Trial period, we may automatically start to charge you on a recurring monthly or annual basis for a paid Subscription Service package. BY PROVIDING YOUR PAYMENT CARD DETAILS IN CONJUNCTION WITH THE FREE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT CARD DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST OPT OUT USING THE MY ACCOUNT USER PANEL BEFORE THE END OF THE FREE TRIAL PERIOD.
4.10 Service Level. Subscribers may select different levels of subscription, including Personal Forecaster and Commercial Forecaster subscriptions. You are advised and hereby acknowledge that you may not downgrade your Account without terminating your Account and signing up for a new Account.
4.11 Customer support. Subscribers with subscription or payment related questions may submit a ticket to our customer service team via the My Account user panel, or may contact us at [email protected].
5.1 WeatherOK may make available Content, tools, data, information, and products on the Site for your personal use. WEATHEROK DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS AVAILABLE ON THE SITE. INTERPRETATION AND APPLICATION OF DATA RELATING TO DANGEROUS WEATHER CONDITIONS, INCLUDING STORMS, THUNDERSTORMS, AND LIGHTNING STORMS, ARE DONE SOLELY AT YOUR OWN RISK.
5.2 WEATHEROK MAKES NO GUARANTEES, AFFIRMATIONS, EXPRESSED WARRANTIES, OR IMPLIED WARRANTIES THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS REPRESENTED OR DEPICTED BY THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY REPORTS, FORECASTS, GRAPHICS, DATA, BRIEFINGS OR INFORMATION.
5.3 WEATHEROK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, UNAVAILABILITY, OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. WEATHEROK WILL NOT NOTIFY YOU IF THE SOURCES OF ITS DATA FOR FORECASTS OR OTHER CONTENT BECOME UNAVAILABLE OR CHANGE.
5.4 YOU ARE ADVISED AND INFORMED THAT WEATHEROK IS NOT RESPONSIBLE FOR GOVERNMENT ISSUED ADVISORIES, WARNINGS, WATCHES, AND OTHER COMMUNICATIONS. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
6.1 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, AND ERRORS ON THE SITE. THIS SITE AND ITS CONTENT ARE PROVIDED BY WEATHEROK ON AN "AS IS" BASIS. WEATHEROK AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
6.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEATHEROK AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
6.3 WEATHEROK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEATHEROK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WEATHEROK ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
6.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless WeatherOK and its affiliates from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out of, relating to or in connection with (a) your use of the Site, (b) any Content you submit or upload to the Site, (c) your unauthorized use of the Site or content or material obtained through the Site, (d) any violation of any law or regulation by you, and (e) your breach of these Terms and Conditions. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site ("Software"). You may not sublicense, assign, or transfer any licenses granted by WeatherOK, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from the Software.
8.2 Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. WeatherOK does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
9.1 WeatherOK may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach, or assignment of these Terms of Service.
10.1 These Terms and Conditions have been made in and shall be construed and enforced in accordance with Oklahoma law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Kingfisher County, Oklahoma.
10.2 WeatherOK may modify these Terms and Conditions at any time, and the new Terms and Conditions will become effective by posting the new Terms and Conditions in the same location as the previous Terms and Conditions were posted.
10.3 These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither these Terms and Conditions nor any rights or obligation hereunder may be assigned by you without the express written permission of WeatherOK.
10.4 These Terms and Conditions represent the compete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
10.5 Contact Information
WeatherOK Inc.,
9200 N Kelley Ave
Oklahoma City, OK 73131
[email protected]