Terms and conditions
Last updated on May 10th, 2017
This page describes the Terms and Conditions that govern your use of weather.us (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.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT
USE THE SITE.
1. General.
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.
2. Use of the Site and Site Content
2.1 The Site and its contents and services are intended for your personal, noncommercial use. All
materials published on the Site (“Content”) are protected by copyright.
2.2 Except as permitted in Section 2.3 of these Terms and Conditions, you may not modify,
publish, reproduce, create new works from, transmit, broadcast, 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), absent a
supplemental agreement in writing with WeatherOK,
2.3 You may download, view, print, and copy the Content and other downloadable items
displayed on the Site for personal use only, provided that you maintain, to the extent reasonably
practicable, all copyright and other notices contained therein. You may reproduce and share the
Content, in whole or in part, on your noncommercial website provided that you retain, to the
extent reasonably practicable, (i) identification of the creator of the Content, (ii) any resident
copyright notices, (iii) a notice that refers to these Terms and Conditions, and (iv) a URL or
hyperlink to the page on which the Content is available from WeatherOK.
2.4 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.
2.5 The Site contains links to other websites, resources, and advertisers. WeatherOK is not
responsible for the content or availability of these outside resources.
3. Content Disclaimers.
3.1 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.
3.2 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.
3.3 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.
3.4 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.
4. No warranties/Limit of Liability.
4.1 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.
4.2 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.
4.3 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.
4.4 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.
5. Indemnification.
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.
6. Additional Restrictions.
6.1 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.
6.2 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.
7. TERMINATION
7.1 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.
8. MISCELLANEOUS
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 Contact Information
WeatherOK Inc.,
21070 N 2695 Rd,
Omega OK 73764
