Terms & Conditions
Welcome to Buoyweather.com, a service brought to you by Buoyweather, Inc., ("Buoyweather"). Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.
This site is controlled and operated by Buoyweather from its offices within the United States of America. Buoyweather makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
As is further explained below, you should be aware that the material that appears on our site is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on this website are designed for convenience only, and do not constitute an endorsement by of that site or any product, service or other material offered on that site.
All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright © 2010, Buoyweather, Inc (Buoyweather, Buoyweather.com) 300 Pacific Coast Highway, #310 Huntington Beach, Ca 92648 ALL RIGHTS RESERVED.
PREMIUM SUBSCRIPTION SERVICE TERMS AND CONDITIONS
FEES AND PAYMENTS
You agree to pay for all charges and fees incurred in connection with your user name and password for Buoyweather's Premium Subscription Service. All fees and charges are nonrefundable. If there are monthly fees (currently $14.99) for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until membership is terminated. If there are yearly fees (currently $79.99) for your subscription, Buoyweather will, unless otherwise notified by you, bill at whatever subscription rate is in effect at that time (currently $79.99), automatically to the credit card within your premium account at that time. If you have entered into the 15 day free trial program with Buoyweather, you can cancel at anytime by going to "My Account" and hitting the cancel button or calling Buoyweather Customer Service at 1-800-229-7873. Otherwise you will be automatically billed (currently $14.99 or $79.99) to the credit card designated in your account at the end of the 15 day free trial.
If you want to cancel your membership, switch to a different credit card or if there is a change in your credit card name, expiration date, or if you believe someone has accessed the Buoyweather.com Premium Subscription Service using your user name and password without your authorization, please call Buoyweather immediately: Customer Service -- 1-800-229-7873.
COPYRIGHT AND LIMITATIONS ON USE
Individual, non-commercial, users are limited to:
1. 700 pageviews/month.
2. 5 daily forecast emails.
3. 5 forecast alerts.
4. 100 historical pageviews per month.
5. 100 Browser Sessions per month.
6. Access to an individual user account from 5 different devices.
Buoyweather offers commercial users access to our forecasting services through our commercial subscription services. Users seeking bulk historical data may also visit our historical weather services page to learn more about our 15 and 30 year hindcast data sets.
This Agreement is personal to you, and you may not assign your usage rights to anyone. Only one individual may access Buoyweather.com's Premium Subscription Service at the same time using the same user name or password, unless otherwise agreed to by Buoyweather. You may purchase additional user sessions, at our standard monthly rates, for the balance of any monthly period. Buoyweather may discontinue or change Buoyweather.com's Premium Service, or its availability, at any time, and you may end your subscription at any time. All Buoyweather.com content is the property of Buoyweather and is protected by Copyright. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through Buoyweather.com to anyone without the express written consent of Buoyweather. You may not post any content from Buoyweather.com to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Buoyweather.
OWNERSHIP OF MATERIALS
Except as otherwise noted, the information and/or software within and available through this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of Buoyweather or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Buoyweather's prior written permission. Except as expressly provided herein, Buoyweather grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us at firstname.lastname@example.org.
SINGLE COPY LICENSE
By offering this website, we grant you the permission to view using a browser. This means that you may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) de-compile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.
By using the Buoyweather service, you consent to receiving electronic communications from Buoyweather. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Buoyweather and you receive them as part of the Buoyweather free registration or Premium membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The marks and any designs associated with any marks on the website are trademarks and/or service marks of Buoyweather or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Buoyweather, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.
LINKING AND FRAMING
You may link to our home page provided that any such link does not imply any sponsorship of your site by Buoyweather, but if you wish to link to material contained at other levels within the site, please contact us at email@example.com for permission to do so. You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of Buoyweather. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. BUOYWEATHER IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL BUOYWEATHER (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF BUOYWEATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUOYWEATHER DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUOYWEATHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BUOYWEATHER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
No Unlawful or Prohibited Use As a condition of your use of this site, you warrant to Buoyweather that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
This agreement is effective until terminated by Buoyweather, at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the Materials as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
This site is created and controlled by Buoyweather, Inc. The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Orange County, California. Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Buoyweather to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the Buoyweather website, regarding each user's relationship with Buoyweather and supersedes any prior statements or representations.
Buoyweather welcomes your feedback. If you have questions or comments about our policies, feel free to contact us, or call Buoyweather Customer Service directly -- 1-800-229-7873.