Service Disclaimer

TERMS & CONDITIONS

By using this site, and clicking the "I Agree" button, you agree to the terms and conditions set forth below.

  1. Weather Information

    Confidential information furnished to Subscriber by DataSwitch Information Services, Inc. is intended for Subscriber's sole and exclusive use and shall be considered proprietary information, of DataSwitch Information Services, Inc. Subscriber shall be fully responsible for maintaining confidentiality of account access information and for all charges made to Subscriber's account.

  2. Use of Service

    Subscriber agrees that information furnished shall be used solely for Personal, Business or Institutional use. Subscriber shall not directly or indirectly transmit, broadcast, redistribute, forward or deliver any part of the data, information, images or other products which constitute the service to any other person or entity, in any format, or by any means whatsoever.

  3. Ownership

    All information, data, images, and trademarks shall remain the sole and exclusive property of DataSwitch Information Services, Inc.

  4. Right to Change or Discontinue

    DataSwitch Information Services, Inc. has the right at any time to change or discontinue any aspect or feature of the site or service, including, without limitation, the content, cost, hours of availability, and equipment needed for access or use of the site.

  5. Equipment

    Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.

  6. Transmission Failure

    DataSwitch Information Services, Inc. shall not be held liable for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform.

  7. Warranties

    DataSwitch Information Services, Inc. makes no express or implied warranties that weather will occur as forecasted and shall have no liability whatsoever to Subscriber or other person or entity for any inaccurate forecast or omission. No warranties of merchantability or fitness for a particular purpose is made.

  8. Governing Law

    The parties agree that any and all disputes arising out of this Agreement shall be governed by the laws of the State of Indiana and commenced only in St. Joseph County Superior Court, Indiana. Subscriber hereby consents to venue and submits to the personal jurisdiction of said Court.

  9. NonAssignability

    Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber.

  10. Limitation of Liability

    In no event will DataSwitch Information Services, Inc., or any person or entity involved in creating, producing or distributing the site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the site.

  11. Indemnification

    Subscriber agrees to defend, indemnify and hold harmless DataSwitch Information Services, Inc., their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Subscriber's use of the site.

  12. Subscription Fees

    Subscriber will be automatically billed each month for the fees associated with the services chosen. Subscriber's failure to make timely payment may result in the cancellation of their account, and shall render due and payable all sums and an additional late payment charge of one and one-half percent per month. In addition, Subscriber shall be responsible for all collection costs, including attorney's fees.

  13. Length of agreement

    This agreement shall become effective immediately upon registering for StormNow.com, and shall be effective for a period of 1 month, at which time the contract will be subject to renewal.

  14. Renewal

    This agreement shall automatically be renewed for successive terms of one month each, the first successive term shall commence 1 month from the initial date of subscription, unless either party gives the other party written notice, at least (30) days prior to the expiration of the term, of its intent not to renew for the next successive term.

  15. Authorization of payment

    I authorize DataSwitch Information Services, Inc. to automatically debit my credit card each month for the duration of this agreement for the agreed upon monthly subscription fee, if that's the method of payment I select.

  16. Trial Period Duration and Limitations

    After my two week trial, DataSwitch Information Services, Inc will notify me that my two week trial is ending. At that time, I will be asked to submit my method of payment to continue using the service. Each person will receive only one two week trial.

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