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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

30. Accuweather.com

Think it's coming this way?

Accuweather

Accuweather's agreement is comprised of the Terms & Conditions and Privacy Statement. There are some provisions that are specific to apps and widgets that integrate their services, but the general terms apply to use of the website as well. Due to the crowdsourced nature of their service and the unpredictability of the weather in general, the disclaimer of accuracy seems to fit for Accuweather better than other services. Accuweather offers their services to a broad array of third parties that allow them to generate data on users from sites other than their own, and their sharing agreement reflects such arrangements. 

Representations & Warranties

 

"ACCUWEATHER MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR AFFIRMATIONS THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS THE REPORTS, FORECASTS, GRAPHICS, DATA, BRIEFINGS OR INFORMATION COMPRISING THE SITE, PRODUCTS OR SERVICES STATE, REPRESENT OR DEPICT AND ACCUWEATHER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. THERE MAY BE TIMES WHEN DATA OR SERVICES FROM THIRD PARTIES THAT ACCUWEATHER NORMALLY USES AS ALL OR A PART OF THE BASIS OF ITS FORECASTS, GRAPHIC, OR OTHER PRODUCTS, INFORMATION, AND SERVICES IS UNAVAILABLE OR DISREGARDED AND ACCUWEATHER SHALL HAVE THE RIGHT TO CONTINUE TO ISSUE SUCH PRODUCTS, INFORMATION AND SERVICES WITHOUT INFORMING THE END USER OF THE CHANGED BASIS OR SOURCE OF SUCH PRODUCTS, INFORMATION, OR SERVICES AND TO CHANGE SOURCES FROM TIME TO TIME. WEB-BASED AND MOBILE/WIRELESS SERVICES ARE DEPENDENT UPON OPEN COMMUNICATIONS NETWORKS PROVIDED BY THIRD PARTIES, AND ACCUWEATHER IS NOT RESPONSIBLE FOR LACK OF SERVICES DUE TO COMMUNICATIONS NETWORK OUTAGES. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, AND ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. ACCUWEATHER MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO ANY PROVIDER PRODUCTS OR MATERIALS. YOU ARE ADVISED AND INFORMED THAT CONTENT PROVIDED OR ACCESSED THROUGH THE SITE IN ASSOCIATION WITH WIRELESS WEATHER INFORMATION SERVICES IS NOT PROVIDED BY, THE RESPONSIBILITY OF, NOR WITHIN THE CONTROL OF, ANY MOBILE/WIRELESS COMMUNICATIONS CARRIERS, INTERNET SERVICE PROVIDERS, OR INTERNET STOREFRONTS. THIS SITE AND ITS CONTENT IS NOT REVIEWED, SPONSORED OR OTHERWISE ENDORSED BY THE PENNSYLVANIA STATE UNIVERSITY. ANY CONTENT SUBMITTED BY THE PENNSYLVANIA STATE UNIVERSITY, ITS AGENTS, EMPLOYEES, OR CONTRACTORS APPEARING ON THIS SITE IS PROVIDED "AS IS", WITHOUT ANY REPRESENTATIONS OR WARRANTIES. THE PENNSYLVANIA STATE UNIVERSITY, ITS AGENTS, EMPLOYEES OR CONTRACTORS RESERVE ALL RIGHTS, TITLE AND INTERESTS, INCLUDING COPYRIGHTS, TO ANY SUBMISSIONS OR CONTENT PROVIDED BY THEM, INCLUDING ANY SUCH INFORMATION OR MATERIALS WHICH ARE PUBLISHED ON THIS SITE. THE USE OF ANY AND ALL TRADEMARKS, TRADE NAMES OR DESIGNATIONS OF THE PENNSYLVANIA STATE UNIVERSITY ON THIS SITE IS DONE WITH PERMISSION, ALL RIGHTS RESERVED.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY ACCUWEATHER ON AN "AS IS" BASIS. ACCUWEATHER AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCUWEATHER AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. ACCU WEATHER AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCU WEATHER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ACCUWEATHER AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY YOU TO ACCUWEATHER UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER."

Indemnification

 

"You hereby agree that you will well and truly indemnify and save harmless AccuWeather and its affiliates and Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which AccuWeather, its affiliates, or its Providers may sustain by reason of your use of this Site, your breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against AccuWeather arising from these Terms and Conditions."

Key Definitions

  • "AccuWeather Sites," are comprised of and defined to include, but are not necessarily limited to, all AccuWeather wired and mobile websites, digital products, services, websites, applications, data, content, advertising, and other elements. Such other elements may include sign up screens, contests, data input and tracking, and other interfaces currently or in the future of use in the digital industry.

  • "Providers," refers to non-AccuWeather entities such as, but not limited to, service providers, advertisers, vendors, data collection services and other third parties. These Providers may also collect information about You.

Sharing Agreements

 

"In addition to the uses described above, under special circumstances AccuWeather may opt to access or disclose PII, such as when there is reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms and Conditions on the AccuWeather Sites, this Privacy Statement, any applicable End User License Agreement, Provider or Subscription Terms or other applicable terms, or when there is reason to believe an individual may be violating the law or causing injury to or interference with (either intentionally or unintentionally) AccuWeather's rights or property, other AccuWeather Site users, or anyone else that could be harmed by such activities. AccuWeather may also be requested to disclose PII to law enforcement authorities or as may be required by court-ordered subpoena. AccuWeather may then opt to disclose or access PII in good faith or in circumstances where the law requires it. We may also access or disclose PII for administrative and other purposes that We deem necessary to maintain, service, and improve the AccuWeather Sites and or products and services.

AccuWeather may share information (including PII) with Providers, to assist us with the operation, maintenance, and improvement of the AccuWeather Sites, to conduct Special Programs, to fulfill Your requests for service, and to allow You to purchase and renew Your subscription to any fee-based parts of the AccuWeather Sites. AccuWeather may also share information (including PII) with Providers for the placement and management of advertising on the AccuWeather Sites, and in order to serve You with advertisements that may be of interest to You.

AccuWeather may share information with Providers with whom We have cooperative arrangements, such as mobile phone carriers, who offer specialized products, information, or services that work well with the AccuWeather Sites.

From time to time, We may share data regarding the users of the AccuWeather Sites and the use of Our services (for example, 10% of Our users are within a certain specialty industry, or users who choose one type of service request a related or similar service 38% of the time, etc.), and We may also combine a user's use and purchasing habits through the AccuWeather Sites and Providers' sites to create a personalized user profile so We might tailor the AccuWeather Sites to Our users' preferences and enhance the AccuWeather Sites' offerings. There may also be other instances where AccuWeather believes that sharing such information with Providers would assist AccuWeather's ability to better serve users.

Since We use Providers to ship products or perform customized products and/or services offered or accessed through the AccuWeather Sites or Providers' sites, and a credit card processing company to bill some users for goods and services, We may need to disclose PII to complete certain business transactions. Users may also require that We bill for services via invoicing, purchase order, or through Providers, such as mobile/wireless carriers or internet storefronts. Under these circumstances, We may be required to share the user's PII to obtain a credit report with a reporting agency or to complete the order processing to serve the user.

AccuWeather is in the business of providing and hosting weather information products, services, and other related products and services as a service to Our users. As such, information We collect is considered a valuable asset subject to legal protection and regulation under federal and state laws as a property interest. Accordingly, such information will be subject to all customary rights and protections afforded to property owners under these laws. Such rights customarily include the right to transfer the information during the sale of assets to or merger with third parties, and to routinely share such information with Providers.

Information You provide may be used by AccuWeather or Providers to, among other things, retrieve or create the product or service that You have requested or for such business purposes as AccuWeather and/or Providers may determine in their sole discretion. Please be advised that this User Data may be stored by AccuWeather or Providers as 'preferences' or otherwise and used without restriction. Further, all information submitted is and becomes the exclusive property of AccuWeather and by submitting material to AccuWeather, You accept responsibility for its accuracy, appropriateness and legality."