This web page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of weatherporthole.com, wxporthole.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by BAMWX LLC.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms and Conditions, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and BAMWX LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. Terms are accepted at time of account creation using automatic fee system for the period selected unless agreed otherwise. The payment system is based on automatic withdrawal until Member has cancelled such automatic withdrawal. The payment of fees are final and no refunds will be issued. Cancellation must be given in writing no less than 5 days from renewal date. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
Definitions
The terms "us" or "we" or "our" refers to BAMWX LLC, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered for with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. BAMWX LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Further you recognizes that weather conditions can change in
unpredictable ways with little, if any, advance notice and assumes the commitment of not making any
claim against BAMWX when providing the services on a diligent basis, unless in case of gross
negligence of willful misconduct of BAMWX on the provision of the hereby agreed services. BAMWX
will provide professional recommendations on how to handle the weather but the final decision is up
to you.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
LIMITATION OF LIABILITY
MEMBER ALSO EXPRESSLY ABSOLVE AND RELEASE BAM WX FROM ANY
CLAIM OF HARM RESULTING FROM A CAUSE BEYOND BAM WX’S CONTROL, INCLUDING, BUT NOT
LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES,
TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS,
THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR NATURAL DISASTERS,
STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. IN
PARTICULAR, EXPERIENCE HAS SHOWN THAT THE RESOLUTION, TIMELINESS, AND FORMAT IN
WHICH LIGHTNING DATA ARE PRESENTED WITHIN VARIOUS DISPLAYS AND PRODUCTS DOES NOT
PROVIDE A TOTAL SOLUTION WITH REGARD TO ADDRESSING CONCERNS REGARDING THE
PRESENCE OF CONVECTIVE ACTIVITY AND/OR LIGHTNING AND THEIR POTENTIAL IMPACT ON
THE SAFETY OF PERSONNEL AND/OR SAFEGUARDING OF FACILITIES, WHETHER IT BE OF
IMMEDIATE OR SHORT TERM CONCERN. INTERPRETATION AND APPLICATION OF THE DATA, AS
WELL AS ANY COMPARATIVE ANALYSIS AND/OR PROGNOSIS OR SIMILAR ACTIVITIES DONE BY
ANY USER, ARE DONE SO SOLELY AT THE USER'S RISK AND HAVE NOT DIRECTLY OR INDIRECTLY
BEEN IMPLIED, CONDONED OR RECOMMENDED BY BAM WX LCC AND/OR ITS DATA SUPPLIERS.
MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BAM WX
BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN
YOU AND A THIRD PARTY, THE USE OF THE SOLUTION, WITH THE DELAY OR INABILITY TO USE
THE SOLUTION, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR
ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE
SOLUTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN
IF BAM WX HAS BEEN ADVISED OF THE POSSIBILITY
HIGH RISK ACTIVTIES
You further acknowledge, without limitation of the foregoing, that the
Solution is not fault-tolerant and is not designed or intended for use in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons systems, in
which the failure of the Solution could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). BAM WX LLC and its licensors specifically disclaim any
express or implied warranty of fitness for High
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. BAMWX LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in Indiana, United States, and shall be governed by and construed in accordance with the laws of Indiana, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of BAMWX LLC under our Legal Terms shall survive the termination of our Legal Terms.