Terms of Use
Terms of Use And Services Agreement
(Effective as of June 2017)
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU
(referenced herein with “you” or with “your”) AND SICKWEATHER INC (referenced
herein as “Sickweather”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS
AND CONDITIONS CONTAINED IN THIS TERMS OF USE AND SERVICES AGREEMENT
(“Agreement”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE
LOCATED AT WWW.SICKWEATHER.COM, THE SICKWEATHER MOBILE APPLICATION, ANY
SICKWEATHER SOCIAL MEDIA PAGES, AND ALL INFORMATION, SERVICES, SOFTWARE
FUNCTIONALITY, AND/OR MATERIALS LOCATED THEREON (collectively referenced herein
as the “Properties”). SICKWEATHER IS WILLING TO LICENSE TO YOU THE RIGHT
TO USE THE PROPERTIES ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED
PERMISSION TO USE THE PROPERTIES AND YOU ARE INSTRUCTED TO STOP USE OF THE
PROPERTIES.
1. LICENSE GRANT.
a. General.
Subject to your continued compliance with the express terms and conditions of
this Agreement, Sickweather provides to you a revocable, limited, royalty-free,
non-exclusive, non-transferable, and non-sublicensable license to access and
use the Properties on your computer or other internet compatible device, and
make single copies or prints of the content on the Properties for your
personal, internal use only. The content layout, formatting,
and features of and access privileges for the Properties shall be as specified
by Sickweather in its sole discretion. You also acknowledge and
agree to the following: (i) Sickweather has the right to control and direct the
means, manner, and method by which the Properties are provided; (ii) Sickweather
may, from time to time engage independent contractors, consultants, or
subcontractors to aid Sickweather in providing the Properties or use thereof;
and (iii) Sickweather has the right to provide the Properties to others.
b. Widget. Subject
to your continued compliance with the express terms and conditions of this
Agreement, Sickweather provides to you a revocable, limited, royalty-free,
non-exclusive, non-transferable, and non-sublicensable license to, embed the
Sickweather map and forecast via the HTML/IFRAME widget onto a website which is
owned or controlled by you or for which you have all necessary permissions to
place the widget. In lieu of a conflict with the foregoing general
license, this license grant shall govern the use of the widget. Further,
by accepting this license you represent that you have all necessary permissions
and rights to place the widget onto such website. Sickweather shall have
no liability for the unauthorized placement or use of the widget by you on a
third party website.
c. Reservation of Rights.
All rights not expressly granted under this Agreement are hereby
reserved. Accordingly, you are hereby prohibited from using the
Properties in any manner that is not expressly and unambiguously authorized by
the terms and conditions of this Agreement.
2. RESTRICTIONS.
You may not modify, reproduce,
duplicate, copy, download, store, further transmit, disseminate, transfer,
disassemble, broadcast, publish, remove or alter any proprietary notices or
labels, license, sublicense, sell, mirror, frame, rent, lease, private label,
grant a security interest in, create derivative works of, or otherwise exploit
the Properties, or any portion of the Properties without Sickweather’s prior
written consent. Moreover, you may not (a) use any "deep link,"
"page scrape," "robot," "spider," or other
automatic device, program, script, algorithm, or methodology, or any similar or
equivalent manual process, to access, acquire, copy, or monitor any portion of
the Properties or in any way reproduce or circumvent the navigational structure
or presentation of the Properties to obtain or attempt to obtain any materials,
documents, or information through any means not purposely made available
through the Properties, (b) attempt to gain unauthorized access to any portion
or feature of the Properties or any other systems or networks connected to the
Properties or to any Sickweather server or to any of the services offered on or
through the Properties, by hacking, password "mining," or any other illegitimate
or prohibited means, (c) probe, scan, or test the vulnerability of the
Properties or any network connected to the Properties, nor breach the security
or authentication measures on the Properties or any network connected to the
Properties, (d) reverse look-up, trace, or seek to trace any information on any
other user of or visitor to the Properties, (e) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the
Properties or Sickweather's systems or networks or any systems or networks
connected to the Properties, (f) use any device, software, or routine to
interfere with the proper working of the Properties or any transaction
conducted on the Properties, or with any other person's use of the Properties,
(g) forge headers, impersonate a person, or otherwise manipulate identifiers in
order to disguise your identity or the origin of any message or transmittal you
send to Sickweather on or through the Properties, or (h) use the Properties in
an unlawful manner. In addition, you agree to abide by all applicable
local, state, national laws and regulations with respect to your use of the
Properties.
3. NO MEDICAL ADVICE.
The contents of the Properties,
including any information, suggestions, tips, and other text, graphics, images,
information obtained from third parties, and any other material contained on
the Properties ("Content") are for informational purposes
only. The Content is not intended to be, or be a substitute for, professional
medical advice, diagnosis, or treatment. You should always seek the advice of
your doctor or other qualified health provider with any questions you may have
regarding a medical condition, treatment options, insurance coverage or other
medical advice or information. Under no circumstances should you disregard
professional medical advice or delay in seeking it because of something you may
have read on the Properties. In case of a medical emergency, please call your
doctor or 911 for assistance. Please do not contact us for the same, since we
are not equipped to assist you in this regard.
4. USER OBLIGATIONS.
The Properties are offered and made
available only to users 18 years of age or older. If you are not yet 18 years
old, discontinue using the Properties immediately. By downloading, accessing,
or using the Properties, you represent and warrant that you are 18 years of age
or older and, if you are under the age of 18, you either are an emancipated
minor or have obtained the legal consent of your parent or legal guardian to
enter into these Terms and Conditions and (a) you will at all times provide
true, accurate, current, and complete information when submitting information
to Sickweather through the Properties; (b) you will at all times comply with
the terms and conditions of this Agreement; (c) you have all necessary rights
to make available any Posting; and (d) that none of your Submissions (as
defined below) will violate any right(s) of a third party including, without
limitation, any privacy, publicity, intellectual property, confidentiality
and/or employment right. Any breach of the foregoing representations and
warranties entitles Sickweather to immediately terminate this Agreement and/or
seek any and all remedies available at law or equity. If you do not agree
to any term or condition, you should not access or otherwise use the
Properties. You also acknowledge and agree that use of the Internet and access
to the Properties are solely at your own risk. While Sickweather has
endeavored to create a secure and reliable Properties,
you should understand that the confidentiality of any communication or material
transmitted to/from the Properties over the Internet or other form of global
communication network cannot be guaranteed. The information provided by
the Service originates from other users of the Properties. Such information is
intrinsically fluctuant and may be inaccurate, incomplete or outdated.
Accordingly, Sickweather is not responsible for the accuracy, reliability, or
security of any information transmitted to or from the Properties. You
must make your own determination as to such issues.
5. ACCOUNT REGISTRATION AND USER NAME HANDLING POLICY:
Certain sections of the Properties
may require you to register as a user (or an Administrator) or create an
account. By registering or creating an account, you agree to provide accurate
and complete information and to inform Sickweather of any changes to that
information. Each registration is for a single user only, unless otherwise
expressly provided on the registration page. Registration for access to and use
of the Properties may also require access credentials, such as a user name and
a password, or adherence to other particular access requirements as designated
by Sickweather in its sole discretion from time to time. You hereby agree
to consider your access credentials, such as a user name and password, as
confidential information and not to disclose such information to any third
party without the prior express written consent of Sickweather, which may be
withheld in its sole discretion. You shall immediately notify Sickweather
if you suspect or become aware of any loss or theft of your password or any
unauthorized use of your user name and password. Sickweather will not be
liable for any loss or damage arising from your failure (whether inadvertent or
intentional) to comply with these obligations.
You may be permitted to register as
an administrator of a “Group” on the Properties (an “Administrator”) by
requesting such access from Sickweather and completing the verification process
as provided by Sickweather in its sole discretion. A “Group” is a special profile that may
only be used to identify a business or other commercial, political, or
charitable organization or endeavor (including non-profit organizations, public
or government institutions, self-organized groups, or political campaigns). You may only be an Administrator of a
Group if you are an authorized representative of the subject of the Group. By registering as an Administrator on
behalf of a company or organization, you represent and warrant that you have
the necessary rights and permissions from the company or organization to do so.
Additional guidelines regarding the use of Group pages and conduct of
Administrators may apply and will be provided to you by Sickweather from time
to time.
6. MOBILE SERVICES.
The Properties will offer various
tools and/or services that are available to you via your mobile phone or other
mobile device including the use of messages on your wireless device via short
message service ("SMS Service") (collectively, “Mobile
Services”). Please note that your mobile carrier’s normal messaging,
data, and other rates and fees will apply to your use of the Mobile
Services. In addition, downloading, installing, or using certain Mobile
Services may be prohibited or restricted by your mobile carrier, and not all
Mobile Services may work with all carriers or devices. Therefore, you are
solely responsible for checking with your mobile carrier to determine if the
Mobile Services are available for your mobile devices, what restrictions, if
any, may be applicable to your use of the Mobile Services, and how much they
will cost you. Nevertheless, all use of the Properties and its related
Mobile Services shall be strictly in accordance with this Agreement.
7. LOCATION-BASED
SERVICES.
Some features of the Service make
use of detailed location and route information, for example in the form of GPS
signals and other information sent by your mobile device on which the
Properties are used, installed and activated. These features cannot
be provided without utilizing this technology. Please see our Privacy Policy
(further described below) found
at http://www.sickweather.com/privacy/ for more details on our
collection and use of such location-based information.
8. PROPRIETARY RIGHTS.
This Agreement provides only a
limited license to access and use the Properties in accordance with the terms
of this Agreement. Accordingly, you hereby agree that Sickweather
transfers no ownership or intellectual property interest or title in and to the
Properties or any Sickweather intellectual property to you or anyone else in
connection with your use of the Properties. All text, graphics, user
interfaces, visual interfaces, photographs, sounds, artwork, computer code
(including html code), programs, software, products, information, and
documentation as well as the design, structure, selection, coordination,
expression, “look and feel,” and arrangement of any content contained on or
available through the Properties (except for Submissions) are exclusively
owned, controlled, and/or licensed by Sickweather or its members, parent(s),
licensors, or affiliates. SICKWEATHER, the Sickweather logo, and all
other marks are proprietary trademarks of the Sickweather, Inc, and any use of
such marks, including, without limitation, as domain names, account
identifiers, or in connection with any search engine optimization practice(s),
without the prior express written permission of Sickweather is hereby strictly
prohibited.
9. PRIVACY POLICY.
Access to the Properties will
require the submission of certain personally identifiable information.
Please review Sickweather’s Privacy Policy found
at http://www.sickweather.com/privacy/ for a summary of
Sickweather’s practices related to the collection and use of personally
identifiable information.
10. LINKS TO OTHER SITES AND THIRD
PARTY CONTENT.
Sickweather may in its sole
discretion feature and/or post the advertisements of third parties on the
Properties and/or links to certain websites or online social networks (or
pages) owned and controlled by third parties (collectively, “Third Party
Sites”). These Third Party Sites have not necessarily been reviewed
by Sickweather and are owned, controlled and/or maintained solely by third
parties over whom Sickweather exercises no control. In addition,
Sickweather may in its sole discretion provide third party content on the
Properties through social media networks (or pages) or through one or more data
feeds owned and controlled by third parties (collectively, “Third Party
Content”). Such Third Party Content has not necessarily been reviewed
by Sickweather and is created, edited, published, maintained and transmitted by
third parties over whom Sickweather has no control. Your correspondence or any
other dealings with third parties found on the Properties are solely between
you and such third party. Accordingly, Sickweather hereby expressly
disclaims and shall not have any liability or responsibility for (a) any Third
Party Content appearing on the Properties, or (b) the content, the materials,
the accuracy of the information, and/or the quality of the products or services
provided by, available through, or advertised on Third Party Sites accessible
through links on the Properties. Moreover, the Third Party Sites and
Third Party Content do not imply an endorsement with respect to any third
party, any content, any website, network, or page, or the products or services
provided by any third party.
11. DISCLAIMER.
THE PROPERTIES ARE PROVIDED ON AN
“AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.
SICKWEATHER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PROPERTIES FOR ANY
PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE
UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
SICKWEATHER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PROPERTIES
WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR
REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK
REGARDING THE QUALITY AND/OR PERFORMANCE OF THE PROPERTIES.
12. LIMITATION OF LIABILITY.
You expressly absolve and release
Sickweather from any claim of harm resulting from a cause beyond Sickweather's
control, including, but not limited to, failure of electronic or mechanical
equipment or communication lines, telephone or other connection problems,
computer viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes, or other labor problems, wars, or
governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT SHALL SICKWEATHER BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE PROPERTIES, WITH THE DELAY OR INABILITY TO USE
THE PROPERTIES, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR
FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH
THE PROPERTIES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, AND EVEN IF SICKWEATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ADDITION, TOTAL LIABILITY OF SICKWEATHER FOR ANY REASON
WHATSOEVER RELATED TO USE OF THE PROPERTIES SHALL NOT
EXCEED $100 (US).
13. POSTINGS.
The Properties may contain or
provide access to blogs, message boards, comment areas, questionnaires, chat
rooms, and other interactive features and functionality where users can share
and post information and/or photos, video, or audio, including the submission
of illness reports. To the extent
that the Properties contain such communication forums (collectively referenced
herein as “Forums”), you agree that by using the Properties you will not
upload, post, display, or transmit any of the following materials on the
Properties’ Forums:
·
anything that interferes with or disrupts the Properties
or the operation thereof,
·
statements or material that defames, harasses,
abuses, stalks, threatens, intimidates, or in any way violates the rights of
others,
·
unauthorized copyrighted materials or any other
material that infringes on the intellectual property rights, trade secrets, or
privacy of others,
·
statements or material that violates other
contractual or fiduciary rights, duties, or agreements,
·
statements or material that is bigoted, hateful, or
racially offensive,
·
statements or material that encourages criminal
conduct or that would give rise to civil liability or otherwise violates any
law or regulation in any jurisdiction,
·
statements or material that constitutes
anti-competitive collaboration and/or antitrust violations,
·
statements or material that contains vulgar,
obscene, profane, or otherwise objectionable language or images that typically
would not be considered socially or professionally responsible or appropriate
in person,
·
statements or material that harms minors,
·
statements or material that impersonates any other
person or entity, whether actual or fictitious, including, without limitation,
employees and representatives of Sickweather,
·
statements or material that misrepresents your
affiliation with any entity and/or Sickweather,
·
anything that violates the privacy or publicity
rights of any other person, including, without limitation, posting any personal
identifying information of another individual,
·
chain letters or pyramid schemes,
·
statements or materials that are deceptive or
misleading,
·
statements or material that constitutes junk mail,
spam, or unauthorized advertising or promotional materials,
·
statements or material that are “off-topic” for a
designated Forum, and
·
files that contain malicious code, viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another’s computer, network, or the Properties.
14. PERMISSION
TO USE POSTINGS.
Forums are the resources and
property of Sickweather and/or its licensors and you will not have any proprietary
interest in any Forum. Moreover, by
submitting content or information of any type (collectively referenced herein
as a "Posting(s)") to a Forum or other portion of the Properties or
by otherwise using the Properties to transmit or display a Posting, you
automatically grant Sickweather a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, publish, translate,
create derivative works from, distribute, transmit, perform, and display such
content or information (in whole or in part) worldwide and/or to incorporate
into other works in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such content or
information. Notwithstanding this
right and license, it is understood that by merely permitting your information,
content, and materials to appear on the Properties, Sickweather has not become
and is not a publisher of such information, content, and materials and is
merely functioning as an intermediary to enable you to provide and display a
Posting. You represent that you
have all necessary rights to make the Posting available to Sickweather and a
Forum, and you also acknowledge that such Postings are non-confidential for all
purposes and that Sickweather has no control over the extent to which any idea
or information may be used by any party or person once it's posted or
displayed. You understand that all
information publicly posted or privately transmitted through the Site is the
sole responsibility of the person from which such Posting originated; that
Sickweather will not be liable for any errors or omissions in any Posting; and
that Sickweather cannot guarantee the identity of any other users with whom you
may interact in the course of using the Properties. Moreover, Sickweather assumes no
responsibility for the deletion of or failure to store any Posting and
recommends that you do not post, display, or transmit any confidential or
sensitive information.
15. NO PRE-SCREENING OF POSTINGS.
Sickweather is not responsible for
screening, policing, editing, or monitoring your or another user’s Postings and
encourages all of its users to use reasonable discretion and caution in
evaluating or reviewing any Postings. Moreover, and except as provided
above with respect to Sickweather's right and ability to delete or remove a
Posting (or any part thereof), Sickweather does not endorse, oppose, or edit
any opinion or information provided by you or another user and does not make
any representation with respect to, nor does it endorse the accuracy,
acceptability, completeness, timeliness, or reliability of any advice, opinion,
statement, or other material displayed, uploaded, or distributed by you or any
other user. Nevertheless, Sickweather. reserves the right to monitor, delete, access, read,
preserve, disclose or take other action with respect to Postings (or parts
thereof) that Sickweather reasonably believes is necessary to (i) satisfy any
applicable law, regulation, legal process or governmental request, (ii) enforce
this Agreement, including investigation of potential violations hereof, (iii)
detect, prevent, or otherwise address fraud, security or technical issues, (iv)
respond to user support requests, (v) protect the rights, property or safety of
Sickweather, its users and the public or (vi) that Sickweather believes in good
faith violate this Agreement and/or are, or are potentially, unlawful or
harmful to Sickweather, its services, or goodwill. If you violate this
Agreement, Sickweather may, in its sole discretion, delete the unacceptable
content from your Posting, remove or delete the Posting in its entirety, issue
you a warning, and/or terminate your use of the Properties. Moreover, it is a policy of Sickweather
to take appropriate actions under the Digital Millennium Copyright Act under
U.S. Copyright Law and other applicable intellectual property laws. If you become aware of any Posting(s)
that violates these rules regarding acceptable behavior or content, you may
contact Sickweather as provided above.
16. FEEDBACK.
Any submission, review or other
feedback about Sickweather, the Properties or other Sickweather services
(collectively, “Feedback”) submitted by you through the Properties that
is received by Sickweather will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, sublicensable and non-exclusive right and license
for Sickweather to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works, and display (in whole or in
part) worldwide, or act on any such Feedback without additional approval or
consideration, in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such content, and you hereby
waive any claim to the contrary.
17. ENFORCEMENT.
You acknowledge that any breach,
threatened or actual, of this Agreement, including, without limitation,
violations or infringement of Sickweather’s intellectual property or
proprietary rights, may cause irreparable injury to Sickweather, whereby such
injury would not be quantifiable in monetary damages, and Sickweather would not
have an adequate remedy at law. In the event of such injury or potential
for such injury you therefore hereby agree that Sickweather shall be entitled,
in addition to other available remedies, to seek and be awarded an injunction
or other appropriate equitable relief from a court of competent jurisdiction
restraining any breach, threatened or actual, of your obligations under any
provision of this Agreement.
18. SECURITY.
Any actual or attempted use of the
Properties by you in violation of this Agreement may result in criminal and/or
civil prosecution, including, without limitation, punishment under the Computer
Fraud and Abuse Act of 1986 under U.S. federal law. Sickweather reserves
the right in its sole discretion to review, monitor, and/or record any
information relating to your use of the Properties (“User Information”)
without any prior notice to or permission from you, including, without
limitation, by archiving content and/or communications submitted to and/or sent
by you through the Properties. Sickweather may share any User Information
we obtain from you with any law enforcement organization in connection with any
investigation or prosecution of possible criminal or unlawful activity.
Sickweather will also disclose User Information as required by any court order
and/or subpoena. In addition, Sickweather hereby reserves the right in
its sole direction to at any time and without notice modify, suspend,
terminate, and/or interrupt operation of or access to the Properties, or any
portion thereof, in order to protect the Properties, Sickweather intellectual
property, Sickweather, or the business interests of Sickweather and/or its
members and affiliates.
19. GOVERNING LAW.
This Agreement has been made in and
will be construed and enforced in accordance with the laws of the State of
Maryland as applied to agreements entered into and completely performed in the
State of Maryland. You agree to the personal jurisdiction by and venue in
the State of Maryland, Baltimore County and waive any objection to such
jurisdiction or venue. Any claim you might have against Sickweather must
be brought within one (1) year after the cause of action arises, or such claim
or cause of action is barred. In any legal proceeding brought by
Sickweather, Sickweather shall have the right to seek and be awarded all
reasonable attorneys' fees and costs in addition to any other relief, at law or
in equity, to which Sickweather may be entitled. Sickweather makes no
representation that the Properties are appropriate or available for use in
other locations, and access to the Properties from states, territories, or
nations where any aspect of the Properties are illegal is prohibited. You
access the Properties on your own volition and are responsible for compliance
with all applicable local laws with respect to your access and use of the
Properties.
20. TERM AND TERMINATION.
This
Agreement will take effect at the time you click “I ACCEPT”, download
the Properties or begin using the Properties, whichever is earliest. This
Agreement will terminate automatically if (i) you fail to comply with its terms
and conditions; or (ii) cease all use of the Properties. Termination will
be effective without notice. In addition, Sickweather may in its sole
discretion terminate this Agreement upon notice to you for any or no
reason. Upon termination of this Agreement, any and all right(s) to use
the Properties shall immediately cease and you must promptly return to
Sickweather (at the address listed below) all tangible embodiments of the Properties
in your possession or control. Additionally, if you have made use of the
widget described in Section 1(b) of this Agreement, you must remove the widget
from your websites. Sections 2-4, 8, 11, 12, 14, and 17-23 will survive
the termination of this Agreement.
21. WAIVER & SEVERABILITY.
Sickweather’s failure to insist on
upon strict performance of any of the terms and conditions of this Agreement by
you will not operate as a waiver of any subsequent or other default or failure
of performance. If any part of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable pursuant to applicable
law or court order including, but not limited to, the warranty disclaimers and
the liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision(s) that
most clearly matches the intent of the original provision and the remainder of
this Agreement shall continue in effect.
22. MISCELLANEOUS.
You hereby agree that (a) this
Agreement operates in addition to any terms of use imposed or required by Apple
Inc. or any other digital download platform from which you download the
Properties (“App Provider Terms”); and (b) the terms of this Agreement
supplement and do not alter or amend any such App Provider Terms.
Accordingly, in the event of any conflict between the terms of this Agreement
and any App Provider Terms, the latter terms shall control. This
Agreement has been made in and will be construed and enforced in accordance
with the laws of the State of California. No joint venture, partnership,
employment, or agency relationship exists between you and Sickweather as a
result of this Agreement or your utilization of the Properties. Headings
are for convenience only. This Agreement and Sickweather’s Privacy Policy
found at http://www.sickweather.com/privacy/ represent the
entire agreement between you and Sickweather with respect to use of the
Properties, and hereby supersede all prior and/or contemporaneous
communications and proposals, whether electronic, oral, or written between you
and Sickweather. You may not assign or transfer any rights under this
Agreement without the prior express written consent of Sickweather, which may
be withheld in Sickweather’s sole discretion. Sickweather may update these
terms and conditions at any time by posting a revised version of the Agreement,
and may do so without advance notice to you. Accordingly, please review the
terms and conditions found at this location on a periodic basis. Each time you
access the Properties, you agree to be bound by the
Agreement in effect at the time you access the Properties. If you do not agree
to the revised terms, do not use the Properties. By accessing or otherwise
using the Properties, you acknowledge that you have read, understood, and agree
to be bound by these Terms. You agree that Company shall not be liable to you
or any third party for any modification or cessation of the Properties.
23. CONTACT INFORMATION.
If you have any questions regarding this Agreement and/or the Properties, please contact Sickweather at Attention: James Sajor; (443) 918-7425; info@sickweather.com (email).