Terms of Use - The Weather Channel | weather.com

Terms of Use

Last Updated February 1, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY AND COMPLETELY BEFORE USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW).  BY USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO, THE SERVICES.

1. Services Covered. These Terms of Use are between The Weather Company, LLC and its affiliate companies (collectively “TWC”) and you. The services covered by these Terms of Use ("Services") include all versions of TWC's weather.com® website (the "Site") and other Internet enabled or wireless means by which TWC provides content to you or receives content from you, including, without limitation, downloadable, preloaded or remotely accessed software applications (including, without limitation, The Weather Channel® mobile applications, tablet applications, personal computer applications, interactive/smart TV applications, connected car/in-vehicle infotainment system applications, and virtual/chat/voice assistant applications), content submission services, chat rooms, message boards, text/SMS messaging services, email messaging services, alert products, and delivery of TWC content to you at your request. For purposes of  these Terms of Use, "Services" do not, however, include: (A) websites, mobile websites, downloadable, preloaded, or remotely accessed software applications, content submission services, chat rooms, message boards, text/SMS messaging services, email messaging services, and alert products of TWC (i) that are provided under TWC’s Weather Underground brand and have separate terms and conditions made available to you, or (ii) that are not intended for consumer or public use and have separate terms and conditions, or (B) any other products or services of TWC. The Services are intended for use by a general audience and are not directed to those under the age of 13.

2. Agreement to Privacy Policy. By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of TWC's Privacy Policy (located at https://weather.com/en-US/twc/privacy-policy) and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.

3. Ownership; Limited License.

A. The Services are owned and operated by TWC, but the Services may include elements licensed from or provided by third parties. TWC (along with its third party licensors) retains all right, title and interest in and to the Services, including all intellectual property rights in them. The Services contain content (including, without limitation, data, text, software, images, video, graphics, music and sound) which is protected by United States and worldwide copyright, trademark, trade secret, patent and other intellectual property laws, and with the exception of content in the public domain, the rights to the content of the Services under such laws are owned or controlled by TWC or licensed from third parties.

B. Subject to all of the terms and conditions of these Terms of Use, TWC grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your personal, non-commercial use only. While you may access, view, use and display the Services for your personal, non-commercial use, you may not modify, reproduce, distribute,  publicly display, publicly perform, rent, lease, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as expressly indicated by TWC in the Services, as expressly permitted under intellectual property laws, or with the express written permission of TWC and any relevant third party owners of intellectual property rights in the content. In the event of any permitted copying, redistribution or publication of protected material, you will not change or delete any author attribution, trademark legend or copyright notice, and no ownership rights will be transferred.  Some of the Services may include information sourced from the U.S. National Oceanic and Atmospheric Administration/National Weather Service, such as (without limitation) severe weather alerts, which information is in the public domain and is not subject to copyright protection. TWC does not claim to own or control such information.

4. Certain Requirements of Use.

A. You agree to use the Services for lawful purposes only. You agree not to post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations, whether federal, state, local, foreign or international. You agree not to use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services. You agree not to (i) impersonate any person or entity, or otherwise misrepresent your affiliation; (ii) manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information; (iii) alter or delete information not provided by you, interfere with the operation of the Services, or upload, post, email, transmit, link to or otherwise make available any content that contains any virus, worm, computer code, file, or other material intended to cause the interruption, destruction, theft or loss of functionality of any Services, software, data, equipment, or means of communications; (iv) attempt to gain access to confidential information to which you are not entitled; (v) modify, reverse engineer, reverse assemble, decompile or hack into any of the systems or software used by any Services; (vi) monitor any information in or related to the Services for any unauthorized or commercial purpose; (vii) access, monitor or copy, or permit another person or entity to access, monitor or copy, the Services using so-called bots, spiders, scrapers or other automated means or manual processes without TWC’s express written permission; or (viii) manipulate, or permit another person or entity to manipulate, any ratings or reviews of the Services or any content available on the Services via any means such as through the use of a bot, script, or automated process, or by providing or accepting any kind of compensation or incentive.  Any conduct by you that in TWC's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.

B. You are solely responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access and use of the Services and all charges related thereto. For certain Services which are software applications, from time to time TWC may require the update of the Services on your computer or other device when a new version of the Services becomes available.  Updates may occur automatically or through other means, or you may be required to download updates before continuing to use the Services. Notwithstanding the foregoing, TWC has no obligation to make available to you any updates or new versions of the Services.

C. If you sign up for or request to receive alerts, forecasts, notifications or other communications from TWC through the Services, you expressly consent to receiving such communications in the form of telephone calls, text messages, push alerts, in-app messages, pop-up messages, and e-mails, as applicable, to the contact points identified through the Services, and in the case of telephone calls and text messages, you expressly consent to receiving calls that use an automatic telephone dialing system and pre-recorded or artificial voice messages. You acknowledge and agree that certain communications are advertising-supported services, and you consent to receive advertising in such communications.

5. Registration.

A. Some of the Services may provide you with the opportunity to register by creating a user account in order to enable certain features or receive certain information. You must be at least 18 years of age to register. By registering to use the Services, you represent that you are of the minimum registration age or older, and if you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, use the Services, submit material, and fulfill the obligations stated in these Terms of Use, which form a binding contract between you and TWC. You authorize TWC to collect, use, share and store the information you provide upon registration and thereafter in accordance with TWC's Privacy Policy.

B. By registering, you represent and warrant that all information that you choose to provide is accurate. You agree to update such information as necessary. If the registration process requires you to create and use log-in credentials such as an email address or user name along with a password, you acknowledge and agree that TWC may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided. You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

6. Subscriptions; Subscriber Agreement.

TWC SUBSCRIBER AGREEMENT

Part I. Terms and Conditions for The Weather Channel App and Storm Radar App Subscriptions

(NOTE: The terms and conditions in this Part I. apply to subscription offerings for TWC's The Weather Channel app, Storm Radar app, and any other software applications only, and not for TWC's weather.com website. See Part II. for Terms and Conditions for weather.com subscriptions.)

Users purchase subscriptions for TWC's apps through the Apple App Store, the Google Play store, or other platform stores, and such purchases are governed by the terms and conditions provided to you by the parties operating your software application distribution platform and platform store ("platform operators"). Please contact those platform operators in connection with any issues regarding payments, renewals and refunds, but contact TWC Customer Support regarding the content, features and functionality provided under your subscription, including any technical support issues. If you are unable to resolve any issues regarding payments, renewals and refunds with your platform operator, please contact TWC Customer Support and we will attempt to assist you.

Part II. Terms and Conditions for Weather.com Subscriptions

(NOTE: The terms and conditions in this Part II. apply to subscription offerings for TWC's weather.com website only, and not for TWC's The Weather Channel, Storm Radar, or other software applications (or "apps"). See Part I. for Terms and Conditions for app subscriptions.)

A. i. General Terms and Conditions. By purchasing the WEATHER.COM PREMIUM PRO service subscription, the WEATHER.COM AD FREE service subscription or any other subscription offerings for TWC's weather.com website, you accept and agree to be bound by this TWC Subscriber Agreement. If you do not agree to this TWC Subscriber Agreement, you may not use any of the subscription offerings for TWC’s weather.com website. This TWC Subscriber Agreement incorporates these Terms of Use (“TWC Terms of Use”), and your agreement to this TWC Subscriber Agreement also constitutes your agreement to the TWC Terms of Use. The WEATHER.COM PREMIUM PRO service subscription, the WEATHER.COM AD FREE service subscription, and any other subscription offerings for TWC's weather.com website constitute "Services" as defined under the TWC Terms of Use. If any terms or conditions in this TWC Subscriber Agreement conflict with any terms or conditions in the TWC Terms of Use, the terms or conditions in this TWC Subscriber Agreement will control. Additionally, your agreement to this TWC Subscriber Agreement constitutes your acknowledgement of the TWC Privacy Policy (the “Privacy Policy”) located at https://weather.com/en-US/twc/privacy-policy

ii. The WEATHER.COM PREMIUM PRO service and the WEATHER.COM AD FREE service are available only in the U.S.A. By subscribing to the WEATHER.COM PREMIUM PRO service or the WEATHER.COM AD FREE service, you represent that you are at least 18 years of age or older. If you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into this TWC Subscriber Agreement, use the WEATHER.COM PREMIUM PRO service, the WEATHER.COM AD FREE service or any other subscription offerings for TWC's weather.com website, provide information to weather.com, and fulfill the obligations stated in this TWC Subscriber Agreement, which forms a binding contract between you and TWC. You authorize TWC to collect, use, share and store the information you provide upon registration and thereafter in accordance with TWC's Privacy Policy. By subscribing, you represent and warrant that your email address and any other information that you choose to provide is accurate, and you agree to update such information as necessary. You acknowledge and agree that TWC may rely on the use of your log-in credentials (such as an email address along with a password) to provide access to your account and the information you have provided. You are responsible for all use of your account and for ensuring that all use complies with this TWC Subscriber Agreement.

B. Subscription and Auto-Renewal. Your subscription to the WEATHER.COM PREMIUM PRO service, the WEATHER.COM AD FREE service or any other subscription offerings for TWC’s weather.com website is provided for a specific billing period such as monthly or yearly, and unless otherwise noted in the terms of your offer, your subscription will continue and automatically renew at the end of the billing period you choose, unless cancelled in accordance with the instructions for cancellation below. Payment for the first billing period in the amount shown to you at the time of purchase (plus applicable taxes) will be charged to your chosen payment method at confirmation of purchase, and because your subscription automatically renews, payment for each additional billing period (plus applicable taxes) will then be charged at the start of each additional billing period, unless you cancel your subscription. For subscriptions with a yearly billing period or longer, we will notify you of the pending renewal of your subscription at least thirty (30) days prior to the date your subscription renews, except as otherwise required by law. Unless we notify you in advance of a price change as further described below, the renewal rate for each additional billing period will be no more than the rate for the immediately prior billing period unless you received promotional or discount pricing as disclosed to you as part of a specific offer (for example, offers for a discounted first month or first year rate). At any time, you can stop your subscription from renewing for an additional billing period after the then-current billing period by canceling your subscription as described below.

C. Cancellation. You may cancel the renewal of your WEATHER.COM PREMIUM PRO service subscription, WEATHER.COM AD FREE service subscription or any other subscription offerings for TWC’s weather.com website at any time at least 24 hours before the end of the current billing period or free trial, and the cancellation will take effect at the end of the current billing period or free trial. If you cancel, your subscription will not renew for an additional billing period. Please note that you will not receive a prorated refund of charges for the current billing period, but you will continue to have access to the service through the end of the current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription). To cancel, you may log in to your account at www.weather.com, select My Account, select Manage Subscription, and follow the prompts to cancel or you may email TWC Customer Support at [email protected] indicating your choice to cancel. If you purchased your WEATHER.COM PREMIUM PRO service subscription, WEATHER.COM AD FREE service subscription or any other subscription offering for TWC’s weather.com website via a third party, please follow the cancellation instructions set out by the applicable third party.

D. Price Changes. We reserve the right to change the price of your subscription for billing periods after your then-current billing period. In the event of a price change, we will provide reasonable notice to you before the price change, such as by emailing you or by providing notice when you visit weather.com, as required by law. If you do not wish to agree to the changed price for future billing periods, you may cancel your subscription in accordance with the instructions for cancellation above. If you do not cancel your subscription after notice of the price change and prior to the start of your new billing period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for the new price (plus applicable taxes).

E. Payment Methods; Billing. TWC uses a third party payment processor (“Payment Processor”) to bill the payment method you provide upon purchase. TWC may accept various forms of payment for subscriptions. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. By submitting an order to purchase a subscription to the WEATHER.COM PREMIUM PRO service, the WEATHER.COM AD FREE service or any other subscription offerings for TWC’s weather.com website, you authorize TWC, or its Payment Processor, to charge your specified account for the purchase amount and to share any payment information and instructions required to complete the payment transactions (e.g., credit card transaction processing, merchant settlement, and related services) with the Payment Processor. Processing of your payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. TWC is not responsible for any errors by the Payment Processor.

F. Free Trials. From time to time in our discretion, we may offer free trials allowing you to enjoy a WEATHER.COM PREMIUM PRO service subscription for a period of time at no charge. With a free trial offer, you provide a payment method and authorize us to charge the subscription price (plus applicable taxes) to your payment method and begin your paid subscription if you do not cancel (according to the instructions for cancellation above) before the free trial ends. You can cancel the subscription without incurring any charges any time up until 24 hours before the end of your free trial. Unless otherwise required by law, you will not receive a notice that your free trial is about to end or has ended, or that your paid subscription has begun. Availability of a free trial is not guaranteed and, if available, may only be available to those who have not previously accepted a free trial offer for the WEATHER.COM PREMIUM PRO service, at our discretion.

G. Subscription Options. From time to time, we may offer different subscription options, including subscriptions to third-party products and services or subscription bundles that include subscriptions offered by TWC along with those offered by third parties. If you choose to purchase such offerings, you agree that we may charge your payment method on file for any included third-party products and services.

H. Refund Policy. All subscriptions are non-refundable unless otherwise required by law. We do not provide refunds or credits, including for partially used billing periods, such as in the event that you decide to delete your weather.com account, which would prevent you from being able to sign in and access the WEATHER.COM PREMIUM PRO service, the WEATHER.COM AD FREE service or any other subscription offerings for TWC’s weather.com website. If you cancel your subscription, you will continue to have access to the service through the end of your current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription), but your subscription will not renew for an additional billing period.

I. Service Limitations. The number of simultaneous logged in sessions of the WEATHER.COM PREMIUM PRO service or WEATHER.COM AD FREE service under your account is currently limited to three (3) sessions. We reserve the right to disable use of your subscription if we notice excessive sessions or other unusual activity using your account. The number of simultaneous sessions available for use may change from time to time at our discretion.

J. Subscriptions Obtained Through Third Parties. If you subscribe to the WEATHER.COM PREMIUM PRO service, WEATHER.COM AD FREE service or any other subscription offerings for TWC’s weather.com website through a third party, your subscription is subject to any terms and conditions provided to you by that third party. Accordingly, the terms and conditions in this TWC Subscriber Agreement concerning purchase, billing, cancellation, or refunds do not apply to your subscription to the extent this TWC Subscriber Agreement conflicts with the applicable third party’s terms and conditions. Your billing relationship is with the third party, so any inquiries regarding purchase, billing, cancellation or refunds should be directed to the third party. To cancel a subscription obtained via a third party, you must follow the cancellation instructions provided by the third party.

K. Changes to Subscriber Agreement. TWC may modify the terms and conditions of this TWC Subscriber Agreement in its discretion. TWC will notify you of significant modifications by email or by providing notice on the weather.com website. Modifications shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective thirty (30) days after notice has been provided to you.

7. User Submissions.

A. By submitting material to TWC or the Services, for good and valuable consideration, the sufficiency and receipt of which you acknowledge, you automatically grant, or if you are not the sole owner you warrant that the owner or co-owners of such material have expressly granted, to TWC, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free and payment-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you hereby grant any other user of the site the right to access, view, store or reproduce the material for that user's personal use; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by TWC and other authorized parties; you agree to allow use of your name, user name, geographical location, and descriptions and text accompanying your submissions on the Services and in publicity or advertising without compensation; and you understand and agree that TWC will have no obligation to copy, publish, display or otherwise exploit the materials, nor will TWC be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. TWC may alter submitted material as appropriate for the medium.

B. TWC may in its sole discretion remove or refuse to post any material submitted to or posted on the Services because it finds material to be in violation of these Terms of Use or otherwise objectionable, for any other reason, or for no reason. TWC does not have an obligation to review submitted material on the Services, and TWC cannot assure that submitted material, including but not limited to user-reported weather, environmental, travel, road, or other conditions, will be accurate, complete, timely, reliable, useful, appropriate or appropriately expressed. While TWC may review submissions, TWC does not assume responsibility for the contents of any submission. YOU SHOULD NOT RELY OR TAKE ANY ACTION BASED UPON USER SUBMISSIONS THAT COULD INVOLVE OR LEAD TO RISK, DANGER OR HARM OF ANY KIND, INCLUDING, BUT NOT LIMITED TO RISK TO A PERSON'S SAFETY, SECURITY OR HEALTH, PROPERTY DAMAGE, OR ECONOMIC LOSSES.

C. You will not submit to the Services any material that could foreseeably pose risk, danger or harm of any kind, including, but not limited to risk to a person's safety, security or health, property damage, or economic losses. You will not submit to the Services any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of such rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You will be solely liable for any damage resulting from any infringement of such rights, or any other harm resulting from your submissions.

D. Subject to TWC's policies regarding privacy, any content, ideas, suggestions, concepts or other material submitted by you will be treated as non-confidential.

E. If you submit any material to TWC, you will be deemed to have made the following representations and warranties, upon which TWC will have the right to rely:

i. You have the sole and exclusive right to grant such rights to TWC;

ii. You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing or heard in the material, and from any and all persons who provided any content appearing or heard in the material;

iii. TWC's exercise of the rights you grant to TWC under Paragraph 7.A. will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; and,

iv. you are 18 years of age or older, and, if you are under the age of majority in your country, state or territory, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit material, participate on Services, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and TWC.

8. Text/SMS Messages and Alerts. The terms and conditions in this Paragraph 8 relate specifically to your use of any of TWC’s text/SMS message and alert Services, which, when offered, are offered in the United States only. When offered, these Services provide messages and alerts related to weather and weather-related conditions and occurrences and other types of information as specified in the Services via text/SMS means.

A. Subscription to the Service. By subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which you are directing messages to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.

B. Short Code; Quantity of Messages. Text message weather alerts will come from an SMS short code that will be provided to you. TWC may provide several types of recurring messages and alerts. Some are sent daily and some are sent only when certain conditions occur. The number of alerts received varies by alert type and also depends on the settings you choose and the weather conditions in the relevant location. You acknowledge and agree that TWC may send you program related messages related to billing, maintenance, usage, tips, reminders, technical support and the operation of the Services.

C. Limitations. The Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Neither TWC nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither TWC nor its third party service providers are responsible for messages that are lost or misdirected.

D. Third Party Charges and Mobile Alerts. A mobile phone or wireless device is required to use the Services. The Services are not available on all carriers or on all rates plans. Even for Services for which TWC does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will TWC, its third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.

E. How to Opt Out. You may opt out of the Services at any time by texting the keyword “STOP” to the SMS short code provided to you. If you have registered for the Services at weather.com, you may also have the ability to opt out by signing into your Account and disabling the Services. Upon receipt of your opt-out message, you agree to TWC or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Services and that may also contain contact information and/or instructions as to how you can opt back in to the Services. You agree that, upon opt-out, your participation in the Services is deemed terminated immediately.

F. Customer Care. For customer support, text “HELP” to the provided SMS short code, go on the Internet to http://feedback.weather.com, or email [email protected].

9. Disclaimers; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL CONTENT, INFORMATION, FORECASTS, ALERTS, ROUTING AND NAVIGATION FEATURES INCLUDED THEREIN AND ALL PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, OTHER THAN THOSE WARRANTIES WHICH ARE BOTH IMPLIED BY APPLICABLE LAW AND MADE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER TWC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT, INFORMATION, FORECASTS, ALERTS, ROUTING AND NAVIGATION FEATURES, PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

B. THE SERVICES AND THE WEATHER, ENVIRONMENTAL AND OTHER INFORMATION MADE AVAILABLE THROUGH THEM, ARE MADE AVAILABLE ONLY FOR YOUR CONVENIENCE AND REFERENCE AND ARE NOT INTENDED AS, NOR SHOULD THEY BE TREATED AS, A SUBSTITUTE FOR INFORMATION PROVIDED BY OFFICIAL GOVERNMENT AUTHORITIES AND EMERGENCY SERVICES. YOU ARE CAUTIONED TO CONSIDER CAREFULLY THE PROVISIONAL AND ADVISORY NATURE OF THE INFORMATION AND TO CHECK WITH YOUR OFFICIAL GOVERNMENT AUTHORITIES AND OTHER SOURCES OF INFORMATION BEFORE MAKING DECISIONS THAT CONCERN PERSONAL OR PUBLIC SAFETY OR PROPERTY OR THE CONDUCT OF BUSINESS.

C. IN AN EFFORT TO PROVIDE SAFETY INFORMATION SOME OF OUR SERVICES MAY PROVIDE SUMMARY INFORMATION OR NOTIFICATIONS OF SEVERE WEATHER OR OTHER EMERGENCY ALERTS THAT HAVE BEEN ISSUED BY GOVERNMENT AUTHORITIES. WE STRONGLY RECOMMEND THAT YOU REVIEW THE FULL TEXT OF ANY SUCH ALERTS IN OUR SERVICES OR ELSEWHERE, THAT YOU CONSULT WITH LOCAL SOURCES AND AUTHORITIES FOR COMPLETE INFORMATION AND INSTRUCTIONS, AND THAT YOU TAKE IMMEDIATE STEPS TO ENSURE YOUR SAFETY. YOU ACKNOWLEDGE THE INHERENT RISK OF RELYING UPON WEATHER, ENVIRONMENTAL AND OTHER INFORMATION AND THAT YOU MAY NOT RECEIVE PARTICULAR WEATHER, ENVIRONMENTAL AND OTHER INFORMATION OR A PARTICULAR NOTIFICATION, AND THEREFORE YOU SHOULD SEEK INFORMATION AND NOTIFICATIONS FROM OTHER SOURCES AS A BACKUP AND FOR VERIFICATION. THE INFORMATION PROVIDED BY THE SERVICES MAY NOT ENCOMPASS ALL WEATHER, ENVIRONMENTAL AND OTHER CONDITIONS, PHENOMENA, OR INCIDENTS. THE ACCURACY OF YOUR LOCATION MAY BE AFFECTED BY NETWORK CONDITIONS AND OTHER FACTORS, AND YOUR LOCATION MAY NOT BE UPDATED OR ACCURATE IN REAL-TIME, IN WHICH CASE YOU MAY NOT RECEIVE SEVERE WEATHER OR OTHER EMERGENCY ALERTS OR MAY NOT RECEIVE THEM ON A TIMELY BASIS. YOU MUST NOT INTERACT WITH THE SERVICES WHILE DRIVING, BIKING, RUNNING OR PARTICIPATING IN OTHER ACTIVITIES DURING WHICH INJURY OR DAMAGE TO PERSON OR PROPERTY COULD RESULT IF YOU ARE DISTRACTED BY SUCH INTERACTION.

D. CERTAIN SERVICES ARE NOT AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. TWC MAKES NO REPRESENTATION THAT SUCH SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT THAT YOU MAKE USE OF SUCH SERVICES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. YOU AGREE NOT TO CIRCUMVENT SETTINGS OR MEASURES USED IN THE SERVICES THAT ARE INTENDED TO RESTRICT USE OF THE SERVICES TO SPECIFIC COUNTRIES OR LOCATIONS, AND YOU AGREE THAT TWC SHALL HAVE NO LIABILITY TO YOU, AND THAT YOU WILL HOLD TWC HARMLESS FROM ANY THIRD PARTY LEGAL ACTIONS, IN THE EVENT THAT YOU DO SO.

E. TWC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF ANY LOCATION DATA OR LOCATION CAPABILITIES OF THE SERVICES. BE CAUTIOUS WHEN SHARING LOCATION INFORMATION WITH OTHERS.

F. WITH RESPECT TO DRIVING/COMMUTER FORECASTS AND SIMILAR SERVICES MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE AND AGREE THAT MAP DATA, ROUTING DATA, NAVIGATION DATA, TRAFFIC DATA, DIRECTIONS, AND RELATED CONTENT ARE PROVIDED FOR PLANNING PURPOSES ONLY. YOU MAY FIND THAT WEATHER CONDITIONS, CONSTRUCTION PROJECTS, CLOSURES, OR OTHER EVENTS MAY CAUSE ROAD CONDITIONS OR DIRECTIONS TO DIFFER FROM THE MAP RESULTS PROVIDED TO YOU THROUGH DRIVING/COMMUTER FORECASTS OR SIMILAR SERVICES. YOU SHOULD EXERCISE JUDGMENT IN YOUR USE OF SUCH SERVICES AND MUST OBEY ALL SIGNS OR NOTICES REGARDING YOUR ROUTE.

G. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COVERED PARTIES WILL NOT BE LIABLE IN CONTRACT, IN TORT, UNDER A NEGLIGENCE THEORY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING STRICT LIABILITY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND EVEN IF COVERED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF: (i) YOUR USE OR YOUR INABILITY TO USE THE SERVICES, (ii) YOUR CREATION OF CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH COVERED PARTIES HAVE NO CONTROL; (vi) THESE TERMS OF USE; (vii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE CONTENT, INFORMATION, FORECASTS, ALERTS, ROUTING AND NAVIGATION FEATURES, PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

H. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL TWC'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, TWC’S OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU TO TWC, IF ANY, FOR OBTAINING OR ACCESSING THE SERVICES.

I. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, THOSE PROVISIONS OF THESE TERMS OF USE WHICH ARE CONTRARY TO OR ARE NOT ENFORCEABLE UNDER APPLICABLE LAW WILL NOT APPLY TO YOU AND DO NOT AFFECT ANY STATUTORY RIGHTS AVAILABLE TO YOU WHICH MAY NOT BE DISCLAIMED OR LIMITED; PROVIDED, HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT THE REMAINDER OF THIS PARAGRAPH 9 AND THESE TERMS OF USE WILL CONTINUE TO BE BINDING AND ENFORCEABLE.

10. Indemnification.

You agree to defend, indemnify and hold harmless TWC and its suppliers, licensors, distributors, representatives, agents and affiliated companies and their respective directors, officers, employees, contractors, representatives and agents (collectively, “Indemnitees”) from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs)(collectively, “Losses”) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms of Use. If, despite the personal nature of the licenses granted to you under these Terms of Use, you allow any individual to use the Services, or provide to any individual any information received via the Services, you agree to inform such individual of the existence and provisions of these Terms of Use, which will be binding upon such individual, and you agree to defend, indemnify and hold harmless the Indemnitees from any and all Losses related to such individual’s use of, or receipt of information from, the Services. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

11. Trademarks. The Weather Channel, weather.com, and TWC’s logos are trademarks of TWC. All rights reserved. All other trademarks appearing on the Services are the property of TWC or their respective owners.

12. Third Party Content, Links, Services and Distribution.

A. TWC is not a publisher of content supplied by third parties and users of the Services but is instead a distributor of such content. Accordingly, TWC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of TWC. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. TWC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized TWC employee spokespersons while acting in their official capacities.

B. Some of the Services incorporate links to websites, applications and services operated by third parties. You acknowledge that these links are provided solely as a convenience to you. TWC does not in any way endorse, nor is it responsible for the operation of, or content provided through, websites, applications and services operated by third parties, and your use thereof is at your own risk.

C. Some content or functionality of certain Services may be provided through or enabled by device manufacturers, communications carriers, distributors or other third parties not controlled by or affiliated with TWC. You acknowledge that phone service, Internet or data access, or SMS messaging service may be required in order for you to access certain Services.  You are responsible for obtaining all such services and access at your sole cost, and TWC will have no responsibility or liability for any such services or access.

D. If you obtain or access Services in the form of a downloadable, preloaded or remotely accessed software application (including, without limitation, computer, mobile, tablet, connected car/in-vehicle infotainment system or virtual/chat/voice assistant applications) through Apple’s App Stores, Google’s Play stores, Amazon’s Appstore for Android, Amazon’s Alexa Skills Store, Samsung’s Galaxy Store or any other platform stores, you acknowledge that, as applicable, Apple Inc., Google Inc., Amazon.com, Inc. Samsung Electronics Co., Ltd., or any other platform operators and their subsidiaries and affiliates, are third party beneficiaries to these Terms of Use, and will have the right to enforce these Terms of Use against you as a third party beneficiary. You acknowledge that these third-party beneficiaries are not parties to these Terms of Use and are not responsible for the provision, maintenance or support of the Services. You agree that your access to the foregoing Services will be subject to and in compliance with the usage terms set forth in the applicable third-party beneficiary’s terms of service, terms of use, end user license agreement or similar terms to which you are bound.

E. The business associates of TWC identified on the Services are independent contractors of TWC. The business associates are not joint venturers or partners of TWC. No employee or representative of the business associates is under the control of TWC.

F. Some of the Services may provide severe weather alerts sourced from the MeteoAlarm website (www.meteoalarm.org) published by EUMETNET and its participating National Meteorological Services.  TWC does not claim copyright ownership with respect to such information, which is either owned by its respective producers or is not subject to copyright, depending upon the information and the laws of the country providing the information (Further information can be obtained from: [email protected]). Time delays between the Services and the www.meteoalarm.org website are possible, so for the most up to date information about alert levels as published by the participating National Meteorological Services, please use www.meteoalarm.org.

G. In addition to displaying weather data on the Services, TWC also licenses weather data to thousands of customers around the globe for utilization and display on their own properties. In implementing weather data on their own properties, licensed customers of TWC may choose to select different names and/or country associations with respect to some geographic locations in their own discretion and without TWC’s endorsement.

13. Export Control. Software and other materials from the Services may be subject to United States export control laws. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, the Crimea, Donetsk and Luhansk regions of Ukraine, 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. TWC does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States export control laws. You assume responsibility for compliance with the foregoing.  If you use any software from the Services which are subject to United States export control laws, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Copyrights and Copyright Agent. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide TWC's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TWC to locate the material;

D. Information reasonably sufficient to permit TWC to contact you;

E. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Services can be reached as follows:

General Counsel
The Weather Company, LLC
1001 Perimeter Summit Blvd
Brookhaven, GA 30319
Email: [email protected]

This contact information is only for reporting copyright infringement under United States law. To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in the Notice paragraph below.

TWC has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.

15. Changed Terms. TWC has the right at any time, in its sole discretion, to modify the terms and conditions applicable to use of the Services, including, without limitation, adding fees and charges for use. Such modifications will be effective (i) immediately upon notice, which may be given by any applicable means including, without limitation, posting on the Services, by email, SMS/text message or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Services. Any use of the Services by you, including without limitation, your continued submission of content to the Services, after such notice will be deemed to constitute your acceptance of such modifications. If any modification to these Terms of Use is unacceptable to you, you must immediately terminate your use of the Services.

16. Termination.

A. TWC reserves the right at any time to terminate and/or suspend access to the Services or any portion thereof, or to modify any of the Services or any aspect of the Services, including, without limitation, the content, features, functions, and availability of the Services, without notice (except as and when required by law or as stated in these Terms of Use). In addition, your license to the Services may, at TWC's discretion, be terminated when new versions of the Services are released, and your use of such new versions, if you choose to use them, will be governed by the Terms of Use made available by TWC at such time.

B. Your license to use the Services under these Terms of Use and any obligations of TWC to you will automatically terminate if you fail to comply with any term of these Terms of Use.  No notice will be required from TWC to enforce such termination. In the event of such termination resulting from your failure to comply with these Terms of Use, you will receive no refund of any amounts paid for the Services. 

C. The following paragraphs will survive termination of these Terms of Use: 1, 2, 7, 9, 10, 13, 16, 17 and 18.

17. Miscellaneous.

A. These Terms of Use constitute the entire agreement between TWC and you regarding the subject matter of these Terms of Use and supersede all previous written or oral agreements regarding the subject matter. If any terms or conditions of these Terms of Use are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining terms and conditions will not be in any way affected or impaired. The paragraph headings used are for convenience only and will not be given any legal effect.

B. The rights licensed to you in these Terms of Use are personal to you, and may not be transferred to, assigned to, or used by any other person without TWC's express prior written consent.

C. These Terms of Use will be construed in accordance with the laws of the United States of America and the State of Georgia, U.S.A. without regard to its conflicts of law principles. All disputes under these Terms of Use will be resolved by the Supreme Court of the State of Georgia or in the United States District Court for the Northern District of Georgia, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.

D. No waiver by TWC of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default.

E. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of these Terms of Use will govern.  If you are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that these Terms of Use and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

F. The provisions of these Terms of Use are for the benefit of TWC, its subsidiaries and affiliates, and, to the extent of their rights, for the benefit of TWC's third party content providers, contractors, advertisers and distributors, and each of the foregoing will have the right to assert and enforce such provisions directly or on its own behalf as applicable.

18. Notice. All notices contemplated by these Terms of Use will be in writing. TWC may provide notice to you through the Services or via email in TWC's discretion or where required by law.  All notices to TWC should be addressed to The Weather Company, LLC, 1001 Summit Boulevard, 21st Floor, Atlanta, GA 30319, U.S.A., attention of Legal Department.

Contact information for the Web editor of our websites:

The Weather Company, LLC
1001 Summit Blvd NE, Floor 21,
Atlanta, GA 30319

U.S.A.
Attn: Web Editor
Customer Support:

On the Internet, visit: feedback.weather.com

Email within the United States: [email protected]

Email outside the United States: [email protected]

 

SUBSCRIPTION BUNDLE PURCHASE AGREEMENT

A. General. By purchasing a bundle of subscriptions from TWC, which bundle may contain a subscription for a TWC Subscription Service ("TWC Subscription") along with one or more third party subscriptions, or which may contain two or more third party subscriptions and no TWC Subscription, (any of the foregoing configurations of bundles referred to hereafter as a "Subscription Bundle"), you accept and agree to be bound by this Subscription Bundle Purchase Agreement ("Agreement"). If you do not agree to this Agreement, you may not use the purchased subscriptions or the services to which they apply. Third party companies offering the products and services and the corresponding subscriptions contained in Subscription Bundles are referred to in this Agreement hereafter as "Third Party Providers". The subscriptions offered by such Third Party Providers are referred to hereafter as "Third Party Subscriptions".

B. Capacity to Contract; Account Use. By purchasing a Subscription Bundle, you represent that you are at least 18 years of age or older. If you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into this Agreement, use the products and/or services provided through the TWC Subscription and any and all Third Party Subscriptions, provide information to TWC and any and all Third Party Providers, and fulfill the obligations stated in this Agreement, which forms a binding contract between you and TWC. You are responsible for all use of your account and for ensuring that all use complies with this Agreement.

C. Your Relationships and Agreements with TWC and Third Party Providers. The TWC Subscription, along with the products and/or services provided to you pursuant to it, are provided to you solely by TWC, and each Third Party Subscription, along with the products and/or services provided to you pursuant to each such Third Party Subscription included in your Subscription Bundle, are provided to you solely by the corresponding Third Party Provider. By purchasing a Subscription Bundle containing a Third Party Subscription, you acknowledge that you have read and you accept the terms and conditions set forth in the agreement (however named) governing your relationship with the corresponding Third Party Provider and your use of the Third Party Subscription and that you have read and accept the Third Party Provider's privacy policy, which agreement and privacy policy you acknowledge were made available to you during the process of purchasing the Subscription Bundle. You agree to look solely to the Third Party Provider of the Third Party Subscription with respect to any and all matters concerning the fulfillment, delivery, quality or performance of the products and/or services to be provided to you pursuant to the corresponding Third Party Subscription. If you purchased a Subscription Bundle that includes a TWC Subscription, your agreement to this Subscription Bundle Purchase Agreement also constitutes your agreement to TWC Subscriber Agreement and to the TWC Terms of Use, which are incorporated into and hereby made a part of this Agreement. If any terms or conditions in this Agreement conflict with any terms or conditions in The Weather Channel Subscriber Agreement or the TWC Terms of Use, the terms or conditions in this Agreement will control. Additionally, your agreement to this Agreement constitutes your acknowledgement and acceptance of the TWC Privacy Policy (the “Privacy Policy”) located at [https://weather.com/en-US/twc/privacy-policy]. You acknowledge and agree that TWC may share your email address, name, and other personal information (excluding your payment information, such as your credit card number) that you provide to TWC during the purchase of your Subscription Bundle with the corresponding Third Party Provider, and that the Third Party Provider may process such personal information as disclosed in the Third Party Provider's privacy policy.

D. Changes to This Agreement. TWC may modify the terms and conditions of this Agreement in its discretion. TWC will notify you of significant modifications by email. Modifications shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective thirty (30) days after notice has been provided to you.

E. Eligibility to Purchase; Existing Subscribers. Subscription Bundles are offered for sale to and may be purchased by U.S. residents only. If you currently subscribe to a TWC Subscription or a Third Party Subscription, your unexpired individual subscription cannot be converted to or replaced by a bundled subscription upon purchase of a Subscription Bundle. Unless you intend to have and pay for two separate, current TWC Subscriptions (or two separate, current Third Party Subscriptions, as applicable), you should first cancel the renewal of your unexpired individual subscription and only purchase a Subscription Bundle after your unexpired individual subscription has expired. Note that it is not possible to have two separate subscriptions for the same TWC Subscription Service under a single TWC account (whether individually purchased or purchased as part of a Subscription Bundle). The same may also be the case for Third Party Subscriptions, and you should contact the relevant Third Party Provider for more information.

F. Subscription and Auto-Renewal. Your Subscription Bundle, and the individual subscriptions that are included, are provided for a specific billing period such as monthly or yearly, and unless otherwise noted in the terms of your offer, your Subscription Bundle, will continue and automatically renew at the end of the billing period you choose, unless cancelled in accordance with the instructions for cancellation below. Payment for the first billing period in the amount shown to you at the time of purchase (plus applicable taxes) will be charged to your chosen payment method at confirmation of purchase, and because your Subscription Bundle automatically renews, payment for each additional billing period (plus applicable taxes) will then be charged at the start of each additional billing period, unless you cancel your Subscription Bundle. For Subscription Bundles with a yearly billing period or longer, we will notify you of the pending renewal of your Subscription Bundle at least thirty (30) days prior to the date your Subscription Bundle renews, except as otherwise required by law. Unless we notify you in advance of a price change as further described below, the renewal rate for each additional billing period will be no more than the rate for the immediately prior billing period unless you received promotional or discount pricing as disclosed to you as part of a specific offer (for example, offers for a discounted first month or first year rate).  At any time at least 24 hours before the current period of your Subscription Bundle ends, you can stop your Subscription Bundle from renewing for an additional billing period after the then-current billing period by canceling your Subscription Bundle as described below.

G. Single Purchase; Identical Subscription Periods. You acknowledge and agree that:

  • Because you are purchasing two or more subscriptions in a single transaction for a single price, the individual subscriptions in your Subscription Bundle have identical subscription periods, which means that the individual subscriptions must begin and end together (whether through expiration or termination for any reason);
  • If you would like to discontinue one subscription in your Subscription Bundle but not others, you must cancel the renewal of the entire Subscription Bundle (by following the instructions in the "Cancellation" section) and then separately purchase (through subscription providers of your choice) any subscriptions that you would like to continue to have. Before cancelling, ensure that you are familiar with the refund policies in the "Refund Policy" section.

H. Cancellation. You may cancel the renewal of your Subscription Bundle at any time at least 24 hours before the end of the current billing period or free trial, and the cancellation will take effect at the end of the current billing period or free trial. If you cancel, your Subscription Bundle will not renew for an additional billing period. Please note that you will not receive a prorated refund of charges for the current billing period, but you will continue to have access to the subscribed products and/or services through the end of the current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription). To cancel, you may log in to your account at www.weather.com, select My Account, select Manage Subscription, and follow the prompts to cancel or you may email TWC Customer Support at [email protected] indicating your choice to cancel.

I. Price Changes. We reserve the right to change the price of your Subscription Bundle for billing periods after your then-current billing period. In the event of a price change, we will provide reasonable notice to you before the price change, such as by emailing you or by providing notice when you visit weather.com or open the applicable mobile application, as required by law. If you do not wish to agree to the changed price for future billing periods, you may cancel your Subscription Bundle in accordance with the instructions for cancellation above. If you do not cancel your Subscription Bundle after notice of the price change and prior to the start of your new billing period, your Subscription Bundle will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for the new price (plus applicable taxes).

J. Payment Methods; Billing. TWC uses a third party payment processor (“Payment Processor”) to bill the payment method you provide upon purchase. TWC may accept various forms of payment for subscriptions. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. By submitting an order to purchase a Subscription Bundle, you authorize TWC, or its Payment Processor, to charge your specified account for the purchase amount and to share any payment information and instructions required to complete the payment transactions (e.g., credit card transaction processing, merchant settlement, and related services) with the Payment Processor. Processing of your payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. TWC is not responsible for any errors by the Payment Processor.

K. Free Trials. From time to time in our discretion, we may offer free trials allowing you to enjoy subscriptions for a period of time at no charge. With a free trial offer, you provide a payment method and authorize us to charge the subscription price (plus applicable taxes) to your payment method and begin your paid subscription if you do not cancel (according to the instructions for cancellation above) before the free trial ends. You can cancel the subscription without incurring any charges any time before the end of your free trial. Unless otherwise required by law, you will not receive a notice that your free trial is about to end or has ended, or that your paid subscription has begun. Availability of a free trial is not guaranteed and, if available, may only be available to those who have not previously accepted a free trial offer, at our discretion.

L. Refund Policy. All Subscription Bundles and the included subscriptions are non-refundable unless otherwise required by law. We do not provide refunds or credits, including for partially used billing periods, such as in the event that you decide to delete your account, which would prevent you from being able to sign in and manage your subscriptions. If you cancel the renewal of your Subscription Bundle, as long as you do not delete your account, you will continue to have access to the subscribed products and/or services through the end of your current billing period (e.g., through the end of the month, for a monthly subscription, or year, for an annual subscription), but your subscription will not renew for an additional billing period.

M. When To Contact TWC and When To Contact Third Party Providers. Because you are purchasing your Third Party Subscription(s) through TWC, your billing relationship is with TWC and not Third Party Providers, so any inquiries regarding purchase, billing, cancellation, renewals or refunds must be directed to TWC. To cancel the renewal of a Third Party Subscription purchased from TWC (which may only be done by canceling the renewal of the Subscription Bundle as a whole), you must follow the cancellation instructions provided by TWC. While you should contact TWC in connection with any issues regarding your billing relationship, please contact the Third Party Provider's customer support regarding the operation, content, features and functionality provided under your Third Party Subscription, including any technical support issues.

N. WARRANTY DISCLAIMER. SUBSCRIPTION BUNDLES ARE SOLD BY TWC ON AN "AS IS" AND “AS AVAILABLE” BASIS. TWC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU PURSUANT TO ANY THIRD PARTY SUBSCRIPTION INCLUDED IN THE SUBSCRIPTION BUNDLE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TWC DISCLAIMS ALL SUCH WARRANTIES AND DOES NOT GUARANTEE OR ASSUME RESPONSIBILITY FOR PRODUCTS OR SERVICES MADE AVAILABLE TO YOU PURSUANT TO ANY THIRD PARTY SUBSCRIPTION.

O. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TWC NOR ANY THIRD PARTY PROVIDERS, ANY OF THEIR AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) WILL BE LIABLE IN CONTRACT, IN TORT, UNDER A NEGLIGENCE THEORY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LOSSES (EVEN IF REPLACEMENT OR A REFUND FOR THE SUBSCRIPTION BUNDLE DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND EVEN IF COVERED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS SUBSCRIPTION BUNDLE AGREEMENT OR TO THE PURCHASE OF THE SUBSCRIPTION BUNDLE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL TWC'S NOR ANY OTHER COVERED PARTY'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, TWC’S OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE TOTAL AMOUNTS PAID BY YOU TO TWC, IF ANY, FOR THE SUBSCRIPTION BUNDLE.

P. EXCEPTIONS TO DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, THOSE PROVISIONS OF THIS AGREEMENT WHICH ARE CONTRARY TO OR ARE NOT ENFORCEABLE UNDER APPLICABLE LAW WILL NOT APPLY TO YOU AND DO NOT AFFECT ANY STATUTORY RIGHTS AVAILABLE TO YOU WHICH MAY NOT BE DISCLAIMED OR LIMITED; PROVIDED, HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT THE REMAINING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY AND THE REMAINDER OF THIS AGREEMENT WILL CONTINUE TO BE BINDING AND ENFORCEABLE.

Q. Third Party Beneficiaries. The provisions of this Agreement are for the benefit of TWC, its subsidiaries and affiliates, and, to the extent of their rights, for the benefit of Third Party Providers and other Covered Parties, and each of the foregoing will have the right to assert and enforce such provisions directly or on its own behalf as applicable as if it were a party to this Agreement.

R. Miscellaneous. This Subscription Bundle Purchase Agreement, including any other agreements or documents expressly incorporated herein, constitutes the entire agreement between TWC and you regarding the subject matter of this Agreement and supersedes all previous written or oral agreements regarding the subject matter. If any terms or conditions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining terms and conditions will not be in any way affected or impaired. No waiver by TWC of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement will be construed in accordance with the laws of the United States of America and the State of New York, U.S.A. without regard to its conflicts of law principles. All disputes under this Agreement will be resolved by the Supreme Court of the State of New York or in the United States District Court for the Southern District of New York, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. All notices contemplated by this Agreement will be in writing. TWC may provide notice to you through the Services or via email in TWC's discretion or where required by law. All notices to TWC should be addressed to The Weather Company, LLC, 1001 Summit Boulevard, 21st Floor, Atlanta, GA 30319, U.S.A., attention of Legal Department.

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