IMPORTANT! YOUR ACCESS TO AND USE OF THIS APP IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS OF USE STATED HERE, YOU ARE NOT PERMITTED TO USE THIS APP.
This is an agreement between you (“you”) and LW Brands, LLC, (“The Creator”) and your use of this app and the services provided thereon (the “Services”) confirms your acknowledgment and acceptance of these terms of use (the “Terms of Use”). YOUR USE OF THE APP CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
Use At Your Own Risk
You acknowledge and agree that your use of the App and the Material is at your own risk. The Creator shall not be liable for any loss, injury, harm or damages whatsoever that may arise, directly or indirectly in any connection with your use of the App, including any access to, the use of or browsing of the App or in connection with any Material on the App, or in connection with the transmission or downloading of any Material from the App, including but not limited to anything caused by any transmission defects, viruses, human or machine error or omission, bugs, malfunction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
The Material is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service or course of action or professional advice. Again, this app and its creator, are not responsible and shall not be held liable for any damages caused by following or adhering to the information found on this app or any related mobile application.
The Creator does not claim ownership of any data it presents and is not responsible for it’s accuracy.
The Creator does not claim any affiliation or endorsement to NOAA/NWS/SWPC in any capacity.
You agree to read and agree to the NOAA/NWS disclaimers here:
https://www.weather.gov/disclaimer
http://www.nws.noaa.gov/disclaimer.php
The Creator does not guarantee constant availability of the Material / Services and accept no liability for down time or access failure.
Pro Subscription Terms (if applicable)
After the free trial ends, the subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. Subscription payments will be charged to your iTunes account at confirmation of your purchase and upon commencement of each renewal term.
Privacy Policy
YOUR USE OF THE APP CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THE PRIVACY POLICY, UNDERSTAND AND AGREE TO THE POLICY.
Link: https://www.iubenda.com/privacy-policy/74237673
You must be at least 13 years old to use the Services.
The Creator Liability
The Material may contain inaccuracies or typographical errors. The Creator makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the App and the Material. Changes are periodically made to the App and/or the Material and may be made at any time. YOU AGREE THAT THE APP AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS, AND IS FOR YOUR PRIVATE, INTERNAL AND NON-COMMERCIAL END-USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. The Creator, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. The Creator MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL OR THE APP OR ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES. R.W SPORTS DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON THIRD PARTY INFORMATION OR ON RATINGS GENERATED BY The Creator. The Creator IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET. The Creator DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE APP AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. IN NO EVENT SHALL The Creator, OR ANY THIRD PARTIES LINKED TO THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, EQUITY, UNDER STATUTE, WARRANTY OR OTHERWISE) WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR CONCERNING ANY DECISION MADE, ACTION AND INACTION TAKEN BY ANY PARTY IN RESPONSE TO, OR DETRIMENTAL RELIANCE UPON, THE INFORMATION CONTAINED ON THE APP) RESULTING FROM THE USE OR INABILITY TO USE THE APP, THE MATERIAL OR ANY THIRD PARTY INFORMATION AND WHETHER OR NOT The Creator IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Hyperlinks
Although the Web Site may be linked to other sites, you agree that The Creator is not, directly or indirectly, indicating or implying any approval, association, recommendation, sponsorship, endorsement or affiliation by The Creator of, or with, the linked web site whatsoever. You acknowledge and agree that The Creator has not reviewed any web sites linked to the Web Site and is not, in any manner or to any extent, responsible for the content of any web sites that are linked to the Web Site. Your linking to any other web sites from the Web Site is entirely at your sole discretion and risk.
Indemnity
You agree to defend, indemnify, and hold harmless The Creator, its officers, directors, employees, professional advisors, contractors and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your access of the App, your use of the Material or your breach of the Terms of Use. The Creator shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Governing Law
You acknowledge and agree that the App shall be governed by the laws of the State of Colorado. You hereby agree and confirm that your use of the App and all of the communications, transmissions and transactions associated with the App shall have occurred in the State of Colorado and that you submit to the non-exclusive jurisdiction of the courts of the State of Colorado as the proper and most convenient forum concerning the App. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Colorado for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. The App shall not be used where, and to any extent, such use is prohibited by law. Your use of the App from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you.
Entire Agreement and Revisions
These Terms of Use and any other legal notices on the App constitute the entire agreement between you and The Creator with respect to the use of the App and the Materials. The Creator reserves the right to revise these Terms of Use at any time and for any reason without notice or obligation to you.
Severability
If any provision of the Terms of Use is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the rest of the Agreement.