TERMS AND CONDITIONS
All use of bamwx.com, claritywx.com, weatherporthole.com, wxporthole.com, sub-domains, and any and all associated web-based and mobile applications including, but not limited to, Weather Porthole and Clarity (collectively, “Website”), owned and operated by BAMWX LLC (“BAMWX”), shall be subject to the following Terms and Conditions. These Terms and Conditions, together with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, and in the case of a Client or Member, either the General Service Agreement by and between BAMWX and Client or Member or the Weather Consulting Agreement by and between BAMWX and Client or Member, its employer, or its affiliate, (collectively, the “Legal Terms”), govern all use of our Website by User. By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. 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, immediately discontinue use of our Website. We may amend our Legal Terms at any time without specific notice to you. The most recent version 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.
Definitions
Capitalized terms, unless otherwise defined in this Agreement, have the meanings specified below.
The terms “us” or “we” or “our” refers to BAMWX, the owner of the Website.
“Client” means an individual who has subscribed to our Services.
“Visitor” means an individual who browses our Website, but has not subscribed as Client.
“Member” means an individual who has authorized access to Services as part of Client’s account.
“Services” means the collective functionality and features as offered through our Website.
“User” refers to either a Visitor, Client, or a Member, as the case may be.
“Content” refers to all text, information, graphics, audio, video, and data offered through our Website.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. BAMWX 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 or rendering inactive your Client account or Member’s access; 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. Your log-in information should be kept confidential, and you are responsible for all use (including any unauthorized use) of your log-in information. Notify BAMWX immediately if your log-in information is lost or stolen or you believe there has been unauthorized use of your account.
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, sale, 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
You acknowledge that weather conditions can change in unpredictable ways with little, if any, advance notice, and that BAMWX makes no warranties, guarantees, or promises of any kind, express or implied, regarding the accuracy of the Content. You expressly agree that your use of the Website and the Content is at your sole risk. You hereby acknowledge that although BAMWX will provide professional recommendations on weather conditions, all decisions made in reliance on and use of that information shall be your sole responsibility. You further acknowledge, without limitation of the foregoing, that the Content is not designed or intended for use in hazardous environments requiring fail-safe performance, in which the inaccuracy of the Content could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). BAMWX and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree to waive all claims against BAMWX regarding the accuracy of the Content and your use or interpretation thereof, except in case of gross negligence of willful misconduct by BAMWX in the provision of the Services.
You also expressly indemnify and release BAMWX from any claim of harm resulting from a cause beyond BAMWX’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 is 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 Content, as well as any comparative analysis and/or prognosis or similar activities done by any User, are done so solely at your risk and have not directly or indirectly been implied, condoned, or recommended by BAMWX and/or its data suppliers. Moreover, and to the maximum extent permitted by law, in no event shall BAMWX 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 Services, with the delay or inability to use the Services, the cost of procurement of substitute Services, or for any information, software functionality, and materials available through the Services, whether based in contract, tort, strict liability, or otherwise, and even if BAMWX has been advised of the possibility.
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 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 the courts of the State of Indiana, Johnson County, and the United States District Court for the Southern District of the State of Indiana. 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 on 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 and any other agreement with BAMWX LLC to which you are subject.
11/17/2023