REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF TOTALLY INTERACTIVE WEATHER INFO AND MYTIWI .COM SHALL NOT BE USED BY SUBSCRIBER IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM TOTALLY INTERACTIVE WEATHER INFO.
Totally Interactive Weather Info's Copyright Agent for Notices of Infringing Materials can be reached as follows: By email: andy@mytiwi.com
TOTALLY INTERACTIVE WEATHER INFO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.
This site and its content is not reviewed, sponsored or otherwise endorsed by Marta Systems, Inc. Any content submitted by Marta Systems, Inc., its agents, employees, or contractors appearing on this site is provided "AS IS", without any representations or warranties. Marta Systems, Inc., its agents, employees or contractors reserve all rights, title and interests, including copyrights, to any submissions or content provided by them, including any such information or materials which are published on this site. The use of any and all trademarks, trade names or designations of Marta Systems, Inc. on this site is done with permission, all rights reserved.
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No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY TOTALLY INTERACTIVE WEATHER INFO ON AN "AS IS" BASIS. TOTALLY INTERACTIVE WEATHER AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOTALLY INTERACTIVE WEATHER INFO AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. TOTALLY INTERACTIVE WEATHER INFO AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOTALLY INTERACTIVE WEATHER INFO OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF TOTALLY INTERACTIVE WEATHER INFO AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO TOTALLY INTERACTIVE WEATHER INFO UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
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Indemnification. Subscriber hereby agrees that it will well and truly indemnify and save harmless Totally Interactive Weather Info and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which Totally Interactive Weather Info or its Providers may sustain by reason of Subscriber's use of this Site, Subscriber's breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against Totally Interactive Weather Info arising from these Terms and Conditions.
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Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. Subscriber acknowledges that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If Subscriber has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.
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Third Party Sites and Providers. This site may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the Totally Interactive Weather Info products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of Totally Interactive Weather Info. This may occur with or without your knowledge and although the visual representation on your screen may appear to be from the Totally Interactive Weather Info website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of Totally Interactive Weather Info. You acknowledge that Totally Interactive Weather Info is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. Totally Interactive Weather Info is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. Totally Interactive Weather Info is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Totally Interactive Weather Info, nor has Totally Interactive Weather Info independently authenticated products or materials provided by Providers.
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Modifications. Totally Interactive Weather Info may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. Totally Interactive Weather Info has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and Totally Interactive Weather Info reserves the right to suspend or terminate access to this Site and/or the Products and/or services provided without prior notice in the event you, the Subscriber, is in violation of these terms of use, or for scheduled or unscheduled support and maintenance on the Site.
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Terms of Service. These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber without the express written permission of Totally Interactive Weather Info, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and Subscriber's rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof. Totally Interactive Weather Info may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products.
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Notice. Posting of notice(s) on the Site by Totally Interactive Weather Info shall constitute notice to Subscriber. Written notice of termination and requests for credit (as applicable - see Subscription Terms) shall be provided in the following manner: email notification to andy@mytiwi.com or facsimile notification at 651-389-0558, attn: Webmaster. No credits or refunds are available for cancellation of monthly wireless services.
- Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the State of Minnesota, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within Minnesota, and further agree that any and all matters of d
- Subscription Terms. Subscriber agrees to pay to Totally Interactive Weather Info the fees stated or as specified from time to time for various fee-based Products and services available by or through Totally Interactive Weather Info, and Subscribers are responsible for promptly paying for Totally Interactive Weather Info Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site.
Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Hardware changes or new releases may be subject to additional charges.
Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account. Fees and payment terms therefore are subject to change upon Notice by Totally Interactive Weather Info to Subscriber.
Packages, once purchased, are nonrefundable, regardless of use or lack of use by Subscriber. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including, without limitation, mobile/wireless service packages. Once a charge has been processed to a Subscriber's credit card or wireless account, the Subscriber shall not request his or her credit card or mobile carrier company to reverse the charge or charge it back to Totally Interactive Weather Info. If Subscriber has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from Totally Interactive Weather Info by written notice and resolve the issue directly with Totally Interactive Weather Info. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against Totally Interactive Weather Info shall be reimposed by Totally Interactive Weather Info upon Subscriber.
- Renewal Terms. Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber.
- LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN. Prior versions of this document can be found here.
- ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH ANY End User License Agreement, Subscription Terms, PROVIDER TERMS, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and Conditions may only be modified in writing by Totally Interactive Weather Info.