Last modified July 15, 2017

Terms and Conditions of Use

The SpotWx.com site (the "Site") is owned and operated by SpotWx, a registered Canadian business. Listed below are the terms and conditions of use (the "Terms") for this Site. By using, accessing and/or viewing information on the Site, you (the .Participant.) agree to be bound by these Terms. If you violate these Terms, SpotWx has the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the Site. Participant understands and agrees that its use of this Site is a benefit voluntarily given by SpotWx and that SpotWx may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this Site or the services and information offered herein.

  1. PERMITTED PERSONAL, NON-COMMERCIAL, AND GOVERNMENT USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") for non-commercial purposes. You may access, view, copy and display the Data in the Site for non-commercial use provided credit is clearly given to SpotWx. Data mining the site (i.e. using scripts to automatically extract data from web pages) without prior permission is not permitted (see Data Mining below). Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part.
  2. PERMITTED COMMERCIAL USE. Commercial users may utilize the Site as a resource when preparing their own forecasts, limited to visually assessing graphical or numeric web products while browsing the Site. However when products from the Site become your forecast, saving you time and/or earning you revenue, SpotWx reserves the right to financial compensation.

    Commercial users are not permitted to incorporate graphical products (such as screen images) or downloads of numerical values (such as tabular forecast data, or any form of data mining) from SpotWx into their own forecast products, presentations, web pages, spreadsheets, or software, whether for internal or external use, without financial compensation to SpotWx. Please contact SpotWx should you wish to use SpotWx in this manner.

  3. DATA MINING. Participant may not conduct data mining operations, such as using scripts to automatically extract data from the Site, without obtaining prior permission. SpotWx reserves the right to block users who conduct in this activity. Please contact SpotWx to discuss options if you require access to the numerical forecast data, including API access.
  4. OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data may be protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law.
  5. LINKS. The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by SpotWx regarding the content of those other websites. SpotWx is not responsible for nor will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
  6. LIMITATION OF LIABILITY. SpotWx assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither SpotWx nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. SPOTWX DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
  7. UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
    • Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
    • Attempt to gain access to confidential information to which you are not entitled;
    • Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
    • Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
  8. INDEMNIFICATION. You agree to indemnify and to hold SpotWx harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
  9. MODIFICATIONS/TERMINATION. Without limiting its other remedies, SpotWx may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. SpotWx may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. SpotWx does not assume any obligation to notify you of changes to these terms and conditions.

 

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