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Trade-marks and Copyright
WXSYS® and associated 
icon are trade-marks of and copyright by,
WXSYS Corporation
www.wxsys.com
BlackBerry™ and associated icon are trade-marks of and
copyright by,
Research in Motion Limited.
www.rim.com
Windows Mobile™, Windows®, Pocket PC® and
associated icons are trade-marks of and copyright by,
Microsoft Corporation.
www.microsoft.com
iPhone™ , iPod™ , Safari™are trade-marks of,
Apple Inc.
www.apple.com
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Terms
and Conditions for Use
of
WXSYS® -
On Demand - Aviation Application
and/or,
WXSYS® - On Demand - Local Application
and/or,
WXSYS® -
On Demand - Marine Application
and/or,
WXSYS® -
On Demand - Email WX Application
and/or,
WXSYS®
- On Demand - Desktop Application
and/or,
wxsys.mobi
website
and/or,
mywx.mobi
website
and/or,
aviation.mobi
website
and/or,
marine.mobi
website
WXSYS Corporation allows you
to use the WXSYS® On Demand - Aviation and/or WXSYS®
On Demand - Local and/or WXSYS® On Demand - Marine Application
and/or WXSYS® On Demand - Email WX Application
(“Application”) and/or
WXSYS® On Demand - Desktop Application
and/or wxsys.mobi
and/or mywx.mobi
and/or aviation.mobi
and/or marine.mobi
in exchange for your acceptance of, and compliance with, the following terms
and conditions (“Terms and Conditions”). You must acknowledge your
acceptance of the Terms and Conditions, and any future amendments, before being
permitted to use, or continue to use, as the case may be, the
Application. YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY AND ENSURE
THAT YOU COMPLETELY UNDERSTAND THEM BEFORE ACCEPTING THEM. If you do not
understand anything in the Terms and Conditions, ask a lawyer to help you
out. If you discover any errors in these Term and
Conditions, do not accept them.
Contact WXSYS Customer Support concerning any errors at 1 888 68 WXSYS.
If you accept the Terms and
Conditions, a copy of the Terms and Conditions will be provided to you via
Email (or via BlackBerry™ PIN-to-PIN
Message), to keep for your records. Your Email Username and/or your
BlackBerry™ PIN-ID constitute an acceptable proxy for your legal
name in this Agreement. The date of issue of that Email (or BlackBerry™
PIN-to-PIN Message) shall be recognized as the date on which you accepted the
Terms and Conditions. The Email (or BlackBerry™ PIN-to-PIN Message)
including the date of acceptance of the Terms and Conditions then forms part of
this Agreement.
1.
Description of Services.
WXSYS® - On Demand - Aviation
provides METAR, TAF, RADAR images, Satellite images, IFR Procedures, Airport
Information, FBO & Fuel information, Local Time, Sunrise/Sunset, and
SIGMET/AIRMET information, wirelessly, for most
US
airports and selected airports worldwide. Additional
functions include Airport ICAO Code Lookup, as well as Current Conditions and
Local Forecast reports for selected cities. WXSYS® - On Demand
– Local provides Current Conditions, Local Forecast and RADAR images,
wirelessly, for selected cities. WXSYS® - On Demand – Marine
provides Marine Conditions, Marine Forecasts and mariners’ information, for
selected ports and regions. WXSYS® - On Demand – Email WX provides,
METAR, TAF, Sunrise/Sunset, SIGMET/AIRMET, Current Conditions, Local Forecast
and Airport Code Lookup, via email, for selected cities. Currently, the WXSYS®
– On Demand - Aviation, WXSYS® On Demand - Local
and the WXSYS® On Demand - Marine versions of the Application
are designed to operate RIM
BlackBerry™ Smartphones running version 4.0 (or higher) of the
BlackBerry™ operating system and on Windows Mobile®
devices running version 4.0 (or higher). The
WXSYS®
– On Demand - Email WX
version is designed to operate with any email enabled device. The wxsys.mobi,
mywx.mobi, aviation.mobi and marine.mobi services are designed to operate on
any mobile device with a connected mobile browser. The PC version of
WXSYS®
– On Demand - Desktop
is designed to operate on operating systems running Windows XP (SP2 or later),
or
Windows Vista®.
2.
Disclaimer of Warranty and Waiver of Liability. This is the stuff
our lawyers want in here. If you don’t understand this stuff, ask a
lawyer to help you out:
Disclaimer
of Warranty &
Waiver of Liability
SEE
THE BIG BOLD UNDERLINED LETTERS IN THE LINES ABOVE? CAN’T MISS ‘EM,
RIGHT?
PLEASE
READ ON…
A.
YOU AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK. NEITHER WXSYS
CORPORATION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE
APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE
APPLICATION.
B.
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
APPLICATION. YOU ARE ADVISED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES,
WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS TO PILOTS AND MARINERS
FOR THEIR SAFETY. YOU SHOULD KEEP ADVISED OF ALL SUCH COMMUNICATIONS.
YOU
ARE SOLELY RESPONSIBLE FOR ACTION, OR LACK OF ACTION, TAKEN TO PRESERVE LIFE OR
PROPERTY. USE OF THIS APPLICATION IS NOT INTENDED TO REPLACE A FULL
FLIGHT/VOYAGE BRIEFING OBTAINED FROM A QUALIFIED FLIGHT SERVICE SPECIALIST, OR
MARINE BRIEFER, AS APPLICABLE.
C.
THIS WAIVER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY OF ANY MANNER
WHATSOEVER CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION FAILURE, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THE APPLICATION OR DATA FILES.
D.
IN NO EVENT WILL WXSYS CORPORATION, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING, DISTRIBUTING, OR SUPPORTING THE APPLICATION OR THE CONTENT
INCLUDED THEREIN, BE LIABLE FOR ANY DAMAGES OR INJURY WHATSOEVER ARISING FROM
THE INSTALLATION, USE, UPDATING, OR UNINSTALLATION OF THE
APPLICATION. THE APPLICATION IS MADE AVAILABLE ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FOR A PARTICULAR
PURPOSE.
E.
IN THE EVENT THAT PORTIONS OF THESE TERMS AND CONDITIONS ARE HELD BY A
COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, YOU AGREE THAT WXSYS
CORPORATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, INJURIES, LOSSES AND
CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THE APPLICATION.
3.
Indemnification. In addition to the waiver above, you agree to fully indemnify
and hold harmless WXSYS Corporation and its affiliates and their respective
directors, officers, employees, and agents from and against any and all claims,
actions, demands, damages, costs, liabilities, losses and expenses arising out
of your use of the Application.
4.
Control of Application. WXSYS Corporation has the right, at any time, to change
or discontinue any aspect or feature of the Application, including, without
limitation, the content, hours of availability, and equipment needed for access
or use of the Application.
5.
Proprietary Information. Sharing the Application with other individual
BlackBerry™ handheld users, via the ‘Share WXSYS’ function in the
Page 1 Dropdown Menu of the Application, for their personal use, is permitted
and encouraged. However, the Application is copyrighted. All rights
are reserved. In the event that you provide feedback, suggestions,
corrections, or content via the Feedback function, the Update Info Function,
the Add New FBO Function, the myWX Report Function, or via any other means, you
agree to do so freely, without compensation, and without any proprietary
claim to any suggestions, feedback, corrections, or content you may
provide to WXSYS Corporation. You shall not attempt to copy, modify,
de-encrypt, or decompile source code for the Application, or otherwise extract
or reproduce elements or functionality of the Application. You shall not
make the Application available to any individual or organization that may
attempt to copy, modify, de-encrypt, or decompile source code for the
Application, or otherwise extract or reproduce elements or functionality of the
Application.
5.1 myWX Reports™.
Some versions of the Application contain myWX Report™
functionality. This enables you to share your weather observations and
experiences with other WXSYS users. If you elect to submit a
myWX Report™ you agree to submit
only your observations of current or recently observed weather. You
further agree not to include any offensive, defamatory or derogatory content
nor advocate for any political, religious, sporting, or commercial interests.
By submitting a myWX Report™ you agree to release all claim
to copyright or compensation for your submission and you further agree to
permit WXSYS Corporation, or its authorized agent, to edit or withdraw the myWX
Report™ at the company's sole discretion. WXSYS reserves the right
to terminate all access to services if you violate these rules.
6.
Retrieval Agent: You authorize WXSYS Corporation to act as your
authorized retrieval agent. When you request it, WXSYS Corporation
retrieves specific information from third party data providers on your behalf
and sends it to you via the Application. Where applicable, this information may
remain copyrighted by the original data provider and you acknowledge that you
do not acquire any ownership rights by downloading information using the
Application. As your retrieval agent, WXSYS Corporation accepts no
liability for your use of the data. You may download one copy of the
information you request for your personal, non-commercial, and private use
only. Except as otherwise expressly permitted in law, no copying,
redistribution, retransmission, publication, or commercial exploitation of
downloaded information is permitted without the express written permission of
WXSYS Corporation and any copyright owners.
Weather data for Current Condtions, Detailed 48hr Forecast, and 7 Day Forecast is copyright of CustomWeather, Inc.
WXSYS Corporation does not warrant
the accuracy of the information generated by the original data providers.
7.
Collection of Data and Privacy: The functionality of the Application
requires that WXSYS Corporation collect and utilize limited personal
information and some data from the BlackBerry™ Handheld on which it
is installed and operating on (this data includes the device ID codes, device
email address, device model, and query details). You agree to permit
WXSYS Corporation to collect and utilize this information, but only for the
purposes of administering your subscription and processing and delivering your
WXSYS services via the Application. This information will not otherwise be
sold, shared, or distributed to third parties without your express permission
(we hate spammers too)!
8.
Amendments. WXSYS Corporation has the right, at any time, to require your
acceptance of amendments to the Terms and Conditions in exchange for your
continued use of the Application. Such amendments to the Terms and
Conditions may include, without limitation, the addition of new terms and
conditions such as fees and charges for the use of all or part of the
Application. When amendments are made to the Terms and Conditions, the
new version of the Terms and Conditions will be sent to you on your BlackBerry™
Handheld or by email and you will be required to accept the new version before
you are permitted to continue to use the Application. You can view the
current version of the Terms and Conditions at any time by selecting the
‘Terms’ option in the Page 1 menu of the Application or by visiting
www.wxsys.com.
9.
Waiver. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default.
10.
Severability.
It is intended that all provisions of these Terms and Conditions shall be fully
binding and effective between the parties, but in the event that any particular
provision or provisions or a part of one is found to be void, voidable or
unenforceable for any reason whatever, then the particular provision or
provisions or part of the provision shall be deemed severed from the remainder
of this agreement and all other provisions shall remain in full force.
11.
Entire Agreement. Subject to paragraph 8, these Terms and Conditions and
our agreement with respect to the fees for using the Application constitute the
entire agreement of the parties with respect to the subject matter hereof and
supersede all previous agreements between the parties with respect to such
subject matter. It is agreed that there is no representation, warranty,
collateral agreement or condition affecting this agreement except as expressed
in it.
12.
Applicable Law and Forum Selection. These Terms and Conditions
shall be construed solely in accordance with the laws of the Province of
Ontario, Canada. Any disputes between you and WXSYS Corporation and/or
its directors, officers, employees, servants, and agents arising out of these
Terms and Conditions or otherwise shall be adjudicated pursuant to the laws of
the
Province of Ontario.
The parties agree that any disputes shall be litigated solely before a court of
competent jurisdiction in the
Province
of
Ontario
to the exclusion of any other forum.
13.
Contact Information. WXSYS Corporation, Post Office
Box 1001, Guelph,
ON Canada, N1H 6N1
Telephone: 888 689 9797 Facsimile: 888 679 9797 Website:
www.wxsys.com
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