THE WEATHER CHANNEL TELEVISION APP

SUBSCRIPTION TERMS OF SERVICE

Last Updated: June 1, 2024

PLEASE READ THESE SUBSCRIPTION TERMS OF SERVICE CAREFULLY AND COMPLETELY BEFORE USING THE WEATHER CHANNEL TELEVISION APP. BY USING THE WEATHER CHANNEL TELEVISION APP, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE SUBSCRIPTION TERMS OF SERVICE, YOU AGREE TO THESE SUBSCRIPTION TERMS OF SERVICE. IF YOU DO NOT WISH TO AGREE TO THESE SUBSCRIPTION TERMS OF SERVICE, YOU MAY NOT USE THE WEATHER CHANNEL TELEVISION APP.

IMPORTANT NOTICE REGARDING BINDING ARBITRATION: ANY DISPUTE BETWEEN YOU AND TWC, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION.  PLEASE READ THE ARBITRATION PROVISION (SECTION 14 BELOW) CAREFULLY AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

1.  The Weather Channel Television App and Subscription Account. These Subscription Terms of Service (“Terms”) are between Weather Group Television, LLC and its affiliated companies (collectively "TWC") and you.  The services covered by these Terms ("Service") are limited solely to the Weather Channel Television App. The Service is intended for use by a general audience located in the United States (including its territories and possessions). You may not access or use the Service, or any portion thereof, if you are outside of the United States (including its territories and possessions) or are barred from receiving the Service under these Terms or applicable law. Users that are under 18 years of age or who do not have legal capacity to enter into these Terms may not subscribe to the Services or provide us with personal information.

Your subscription account (“Account”), including your user name and password used to access the Service (“Account Information”), are for personal, non-commercial use only. You may not transfer your Account to any other party. You are responsible for all use of your Account, including the use of your Account Information by other members of your household. If others use your Account (with or without your consent), you will be responsible for ensuring that they comply with these Terms. You are solely responsible for maintaining the security and confidentiality of your Account Information, and you agree to immediately notify us of any unauthorized use of your Account or other security breaches.

2.  Agreement to Privacy Policy.  By using the Service or by agreeing to these Terms, you are also agreeing to the terms of the Weather Channel Television App Privacy Policy (located at www.streamtwc.com/legal) and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.

3.  Subscriber Agreement.

A.  Third Party Platforms. Service subscriptions purchased through third party platforms (e.g., Roku, FireTV, AndroidTV, AppleTV) may be subject to the terms and conditions provided to you by the parties operating the applicable platform store ("platform operators"). Please contact those platform operators in connection with any issues regarding payments, renewals and refunds, but contact TWC Customer Support regarding the Content, features and functionality provided under your subscription, including any technical support issues. If you are unable to resolve any issues regarding payments, renewals and refunds with your platform operator, please contact TWC Customer Support and we will attempt to assist you.

B.  Service Eligibility. By subscribing to the Service, you represent that you are at least 18 years of age or older and reside in the United States. If you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into this TWC Subscriber Agreement, use the Service, provide information to TWC, and fulfill the obligations stated in this TWC Subscriber Agreement, which forms a binding contract between you and TWC. You authorize TWC to collect, use, share and store the information you provide upon subscribing, if any, and thereafter in accordance with TWC's Privacy Policy. By subscribing, you represent and warrant that your email address and any other information that you choose to provide is accurate, and you agree to update such information as necessary. You acknowledge and agree that TWC may rely on the use of your log-in credentials (such as an email address along with a password) to provide access to your Account and the information you have provided. You are responsible for all use of your account and for ensuring that all use complies with this TWC Subscriber Agreement.

C.  Subscription and Auto-Renewal. Your subscription to the Service is provided for a specific billing period such as monthly or yearly, and unless otherwise noted in the terms of your offer, your subscription will continue and automatically renew at the end of the billing period you choose, unless canceled in accordance with the instructions for cancellation below. Payment for the first billing period in the amount shown to you at the time of purchase (plus applicable taxes) will be charged to your chosen payment method at confirmation of purchase, and because your subscription automatically renews, payment for each additional billing period (plus applicable taxes) will then be charged at the start of each additional billing period, unless you cancel your subscription. For subscriptions with a yearly billing period or longer, we will notify you of the pending renewal of your subscription at least thirty (30) days prior to the date your subscription renews, except as otherwise required by law. Unless we notify you in advance of a price change as further described below, the renewal rate for each additional billing period will be no more than the rate for the immediately prior billing period unless you received promotional or discount pricing as disclosed to you as part of a specific offer (for example, offers for a discounted first month or first year rate).  At any time, you can stop your subscription from renewing for an additional billing period after the then-current billing period by canceling your subscription as described below.

C. Cancellation. You may cancel the renewal of your Service subscription at any time before the end of the current billing period or free trial, and the cancellation will take effect at the end of the current billing period or free trial. If you cancel, your subscription will not renew for an additional billing period. Please note that you will not receive a prorated refund of charges for the current billing period, but you will continue to have access to the service through the end of the current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription). To cancel, you may log in to your account at www.streamtwc.com, select My Account, select Manage Subscription, and follow the prompts to cancel. If you purchased your Service subscription via a third party, please follow the cancellation instructions set out by the applicable third party.

D. Price Changes. We reserve the right to change the price of your subscription for billing periods after your then-current billing period. In the event of a price change, we will provide reasonable notice to you before the price change, such as by emailing you or by providing notice when you visit streamtwc.com, as required by law.  If you do not wish to agree to the changed price for future billing periods, you may cancel your subscription in accordance with the instructions for cancellation above. If you do not cancel your subscription after notice of the price change and prior to the start of your new billing period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for the new price (plus applicable taxes).

E. Free Trials. From time to time, in our sole discretion, we may offer free trials allowing you to enjoy a Service subscription for a period of time at no charge. With a free trial offer, you provide a payment method and authorize us to charge the subscription price (plus applicable taxes) to your payment method and begin your paid subscription if you do not cancel (according to the instructions for cancellation above) before the free trial ends. You can cancel the subscription without incurring any charges any time before the end of your free trial. Unless otherwise required by law, you will not receive a notice that your free trial is about to end or has ended, or that your paid subscription has begun. Availability of a free trial is not guaranteed and, if available, may only be available to those who have not previously accepted a free trial offer for the Service, at our discretion.

F. Subscription Options. From time to time, we may offer different subscription options, including subscription bundles that include subscriptions offered by TWC along with those offered by third parties.  If you choose to purchase such offerings, you agree that we may charge your payment method on file for any included third-party products and services.

G. Refund Policy.  All subscriptions are non-refundable unless otherwise required by law. We do not provide refunds or credits, including for partially used billing periods, such as in the event that you decide to delete your streamtwc.com account, which would prevent you from being able to sign in and access the Service. If you cancel your subscription, you will continue to have access to the Service through the end of your current billing period (through the end of the month, for a monthly subscription, or year, for an annual subscription), but your subscription will not renew for an additional billing period.

H. Service Limitations. The number of simultaneous logged in sessions of the Service under your account is currently limited to three (3) sessions. We reserve the right to disable use of your subscription if we notice excessive sessions or other unusual activity using your account. The number of simultaneous sessions available for use may change from time to time at our discretion.

I. Subscriptions Obtained Through Third Parties. If you subscribe to the Service through a third party, your subscription is subject to any terms and conditions provided to you by that third party. Accordingly, the terms and conditions in this TWC Subscriber Agreement concerning purchase, billing, cancellation, and refunds do not apply to your subscription to the extent this TWC Subscriber Agreement conflicts with the applicable third party’s terms and conditions. Your billing relationship is with the third party, so any inquiries regarding purchase, billing, cancellation or refunds should be directed to the third party. To cancel a subscription obtained via a third party, you must follow the cancellation instructions provided by the third party.

J. Changes to Subscriber Agreement. TWC may modify the terms and conditions of this TWC Subscriber Agreement in its discretion. TWC will notify you of significant modifications by email or by providing notice through the Service. Modifications shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective thirty (30) days after notice has been provided to you.

4.  Ownership; Limited License; Content

A.  The Service is owned and operated by TWC, but the Service may include elements licensed from or provided by third parties. TWC (along with its third party licensors) retains all right, title and interest in and to the Service, including all intellectual property rights therein. The Service contains content (“Content”) (including, without limitation, data, text, software, images, video, graphics, music and sound) which is protected by United States and worldwide copyright, trademark, trade secret, patent and other intellectual property laws, and with the exception of Content in the public domain, the right to the Content of the Service under such laws is owned or controlled by TWC or licensed from third parties.

B. Subject to all of the terms and conditions of these Terms, TWC grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access and use the Service for your personal, non-commercial use only.  While you may use the Service for your personal, non-commercial use, you may not modify, reproduce, distribute, publicly display, publicly perform, rent, lease, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except as expressly indicated by TWC in the Service, as expressly permitted under intellectual property laws, or with the express written permission of TWC and any relevant third party owners of intellectual property rights in the Content. In the event of any permitted copying, redistribution or publication of protected material, you will not change or delete any author attribution, trademark legend or copyright notice, and no ownership rights will be transferred.  The Service may include information sourced from the U.S. National Oceanic and Atmospheric Administration/National Weather Service, such as (without limitation) severe weather alerts, which information is in the public domain and is not subject to copyright protection.  TWC does not claim to own or control such information.

C. You acknowledge that the Service may include Content that you find offensive, indecent, explicit or objectionable. The Service may include Content types, ratings, reviews, genres, categories, and descriptions, which are provided as suggestions only. TWC does not guarantee that you will agree with such suggestions. The display and clarity of Content may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. TWC makes no representations or warranties about the quality of your viewing experience on your device or other display.

5.  Prohibited Actions and User Requirements

A.  You agree to use the Service for lawful purposes only. You may not use the Services for any business or commercial purposes or otherwise build a business based on any portion of the Service. Except as expressly authorized by TWC in writing, you may not reproduce, copy, stream, capture, download, archive, distribute, upload, publish, perform, broadcast, display, sell, make available, frame, deep-link to, modify, translate, or transmit the Service, any part thereof, or any Content derived therefrom, except as set forth in these Terms. You may not remove, disable or otherwise circumvent through any means (a) proprietary rights notices in the Service, (b) any digital rights management, content protection or access control measure associated with the Service, or (c) any advertisement on the Service. You may not use any technology, software, or services in connection with the Service that are intended or function to (i) block or obstruct any advertisements of any kind, or (ii) obscure or disguise your location when you are accessing the Service.

B.  You agree not to post, communicate or transmit through the Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations, whether federal, state, local, foreign or international. In connection with your use of the Service, you agree not to (i) impersonate any person or entity, or otherwise misrepresent your affiliation; (ii) manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information; (iii) alter or delete information not provided by you, interfere with the operation of the Service, or upload, post, email, transmit, link to or otherwise make available any Content that contains any virus, worm, computer code, file, or other material intended to cause the interruption, destruction, theft or loss of functionality of any service, software, data, equipment, or means of communications; (iv) attempt to gain access to confidential information to which you are not entitled; (v) modify, reverse engineer, reverse assemble, decompile or hack into any of the systems or software used by any Service; (vi) monitor any information in or related to the Service for any unauthorized or commercial purpose; or (vii) access, monitor or copy, or permit another person or entity to access, monitor or copy, the Service using so-called bots, spiders, scrapers or other automated means or manual processes without TWC’s express written permission.  Any conduct by you that in TWC's discretion restricts or inhibits any other user from using or enjoying the Service is not permitted.

C.  You are solely responsible for obtaining and maintaining all devices and other equipment and software, internet and wireless services, mobile services, and other services needed for your access to and use of the Service, and you will be solely responsible for all charges related to them. TWC does not take responsibility for the performance of devices, including the ongoing compatibility of devices with Service. By using the Service, you agree to look solely to the manufacturer of your device for any issues related to your device.

D.  As a subscriber to the Service, you consent to receiving communications from TWC relating to the Service and other services and products offered by TWC. You acknowledge and agree that certain communications are advertising-supported services, and you consent to receive advertising in such communications.

6.  User Submissions.

A.  By submitting material to TWC, for good and valuable consideration, the sufficiency and receipt of which you acknowledge, you automatically grant, or if you are not the sole owner you warrant that the owner or co-owners of such material have expressly granted, to TWC, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free and payment-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by TWC and other authorized parties; you agree to allow use of your name, user name, geographical location, and descriptions and text accompanying your submissions and in publicity or advertising without compensation; and you understand and agree that TWC will have no obligation to copy, publish, display or otherwise exploit the materials, nor will TWC be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. TWC may alter submitted material as appropriate for the medium.

B.  You will not submit to the Service any material that could foreseeably pose risk, danger or harm of any kind, including, but not limited to risk to a person's safety, security or health, property damage, or economic losses.  You will not submit to the Service any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of such rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You will be solely liable for any damage resulting from any infringement of such rights, or any other harm resulting from your submissions.

C.  Subject to TWC's policies regarding privacy, any content, ideas, suggestions, concepts or other material submitted by you will be treated as non-confidential.

D.  If you submit any material to TWC, you will be deemed to have made the following representations and warranties, upon which TWC will have the right to rely:

i. You have the sole and exclusive right to grant such rights to TWC;

ii. You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing or heard in the material, and from any and all persons who provided any content appearing or heard in the material;

iii.  TWC's exercise of the rights you grant to TWC will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; and,

iv.  You are 18 years of age or older, and, if you are under the age of majority in your country, state or territory, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit material, participate on Service, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and TWC.

7.  Merchants and Advertising. Any interactions with merchants or advertisers found on or through the Service, including any payments or contractual terms, are solely between you and that merchant or advertiser. TWC is not responsible for any loss or damage resulting from such dealings or from the presence of merchants or advertisers on the Service. TWC is not responsible for any confidential or personal information you provide through an advertisement or any subsequent transaction you enter into. Our monetization partner Cleeng B.V. ("Cleeng") handles the management of access to content and/or subscriptions and payment and billing on our behalf. For this purpose, Cleeng will act as the merchant of record on our request. The services of Cleeng are subject to the terms and conditions of Cleeng, which are hereby incorporated, please refer to https://cleeng.com/cleeng-user-agreement.

8.  Disclaimers; Limitation of Liability.

A.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, INFORMATION, FORECASTS, ALERTS, GOODS OR SERVICES, INCLUDED THEREIN OR OTHERWISE ACCESSED THEREBY, ARE PROVIDED ON AN "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, OTHER THAN THOSE WARRANTIES WHICH ARE BOTH IMPLIED BY APPLICABLE LAW AND MADE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER TWC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY CONTENT, INFORMATION, FORECASTS, ALERTS, GOODS OR SERVICES ACCESSED OR PROVIDED THROUGH THE SERVICES.

B.  THE SERVICE AND THE WEATHER, ENVIRONMENTAL AND OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, ARE MADE AVAILABLE ONLY FOR YOUR CONVENIENCE AND REFERENCE AND ARE NOT INTENDED AS, NOR SHOULD THEY BE TREATED AS, A SUBSTITUTE FOR INFORMATION PROVIDED BY OFFICIAL GOVERNMENT AUTHORITIES AND EMERGENCY SERVICES. YOU ARE CAUTIONED TO CONSIDER CAREFULLY THE PROVISIONAL AND ADVISORY NATURE OF THE INFORMATION AND TO CHECK WITH YOUR OFFICIAL GOVERNMENT AUTHORITIES AND OTHER SOURCES OF INFORMATION BEFORE MAKING DECISIONS THAT CONCERN PERSONAL OR PUBLIC SAFETY OR PROPERTY OR THE CONDUCT OF BUSINESS.

C.  IN AN EFFORT TO PROVIDE SAFETY INFORMATION, OUR SERVICE MAY PROVIDE SUMMARY INFORMATION OR NOTIFICATIONS OF SEVERE WEATHER OR OTHER EMERGENCY ALERTS THAT HAVE BEEN ISSUED BY GOVERNMENT AUTHORITIES. WE STRONGLY RECOMMEND THAT YOU REVIEW THE FULL TEXT OF ANY SUCH ALERTS IN OUR SERVICE OR ELSEWHERE, THAT YOU CONSULT WITH LOCAL SOURCES AND AUTHORITIES FOR COMPLETE INFORMATION AND INSTRUCTIONS, AND THAT YOU TAKE IMMEDIATE STEPS TO ENSURE YOUR SAFETY. YOU ACKNOWLEDGE THE INHERENT RISK OF RELYING UPON WEATHER, ENVIRONMENTAL AND OTHER INFORMATION AND THAT YOU MAY NOT RECEIVE PARTICULAR WEATHER, ENVIRONMENTAL AND OTHER INFORMATION OR A PARTICULAR NOTIFICATION, AND THEREFORE YOU SHOULD SEEK INFORMATION AND NOTIFICATIONS FROM OTHER SOURCES AS A BACKUP AND FOR VERIFICATION. THE INFORMATION PROVIDED BY THE SERVICE MAY NOT ENCOMPASS ALL WEATHER, ENVIRONMENTAL AND OTHER CONDITIONS, PHENOMENA, OR INCIDENTS. THE ACCURACY OF YOUR LOCATION MAY BE AFFECTED BY NETWORK CONDITIONS AND OTHER FACTORS, AND YOUR LOCATION MAY NOT BE UPDATED OR ACCURATE IN REAL-TIME, IN WHICH CASE YOU MAY NOT RECEIVE SEVERE WEATHER OR OTHER EMERGENCY ALERTS OR MAY NOT RECEIVE THEM ON A TIMELY BASIS. YOU MUST NOT INTERACT WITH THE SERVICE WHILE DRIVING, BIKING, RUNNING OR PARTICIPATING IN OTHER ACTIVITIES DURING WHICH INJURY OR DAMAGE TO PERSON OR PROPERTY COULD RESULT IF YOU ARE DISTRACTED BY SUCH INTERACTION.

D.  THE SERVICE IS ONLY AVAILABLE IN THE UNITED STATES. TWC MAKES NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT THAT YOU MAKE USE OF THE SERVICE, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. YOU AGREE NOT TO CIRCUMVENT SETTINGS OR MEASURES USED IN THE SERVICE THAT ARE INTENDED TO RESTRICT USE OF THE SERVICE TO SPECIFIC COUNTRIES OR LOCATIONS, AND YOU AGREE THAT TWC SHALL HAVE NO LIABILITY TO YOU, AND THAT YOU WILL HOLD TWC HARMLESS FROM ANY THIRD PARTY LEGAL ACTIONS, IN THE EVENT THAT YOU DO SO.

E.  TWC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF ANY LOCATION DATA OR LOCATION CAPABILITIES OF THE SERVICE.  BE CAUTIOUS WHEN SHARING LOCATION INFORMATION WITH OTHERS.

F.   TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TWC WILL NOT BE LIABLE IN CONTRACT, IN TORT, UNDER A NEGLIGENCE THEORY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING STRICT LIABILITY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICE DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND EVEN IF COVERED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF: (i) YOUR USE OR YOUR INABILITY TO USE THE SERVICE, (ii) YOUR CREATION OF CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICE ; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH COVERED PARTIES HAVE NO CONTROL; (vi) THESE TERMS OF USE; (vii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT, INFORMATION, FORECASTS, ALERTS, PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

G.   TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL TWC'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, TWC’S OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU TO TWC, IF ANY, FOR OBTAINING OR ACCESSING THE SERVICE.

H.   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, THOSE PROVISIONS OF THESE TERMS OF USE WHICH ARE CONTRARY TO OR ARE NOT ENFORCEABLE UNDER APPLICABLE LAW WILL NOT APPLY TO YOU AND DO NOT AFFECT ANY STATUTORY RIGHTS AVAILABLE TO YOU WHICH MAY NOT BE DISCLAIMED OR LIMITED; PROVIDED, HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT THE REMAINDER OF THIS PARAGRAPH AND THESE TERMS OF USE WILL CONTINUE TO BE BINDING AND ENFORCEABLE.

9.  Indemnification. You agree to defend, indemnify and hold harmless TWC and its suppliers, licensors, distributors, representatives, agents and affiliated companies and their respective directors, officers, employees, contractors, representatives and agents (collectively, “Indemnitees”) from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs)(collectively, “Losses”) arising out, relating to or in connection with (a) your use of the Service, (b) any content or materials that you submit or upload to or through the Service, (c) your unauthorized use of the Service or Content or material obtained through the Service, (d) any violation of any law or regulation by you, and (e) your breach of these Terms. If, despite the personal nature of the licenses granted to you under these Terms, you allow any individual to use the Service, or provide to any individual any information received via the Service, you agree to inform such individual of the existence and provisions of these Terms, which will be binding upon such individual, and you agree to defend, indemnify and hold harmless the Indemnitees from any and all Losses related to such individual’s use of, or receipt of information from, the Service. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

10.  Trademarks. The Weather Channel, streamtwc.com, TWC’s logos and all other trademarks appearing on the Service are the property of TWC or their respective owners. All rights reserved.

11.  Export Control. Software and other materials from the Service may be subject to United States export control laws. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Crimea region of Ukraine or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. TWC does not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States export control laws. You assume responsibility for compliance with the foregoing.  If you use any software from the Service which are subject to United States export control laws, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12.  Changed Terms. TWC has the right at any time, in its sole discretion, to modify the terms and conditions applicable to use of the Service, including, without limitation, adding fees and charges for use. Such modifications will be effective (i) immediately upon notice, which may be given by any applicable means including, without limitation, posting on or through the Service, by email, SMS/text message or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Service. Any use of the Service by you, including without limitation, your continued submission of content to the Service, after such notice will be deemed to constitute your acceptance of such modifications. If any modification to these Terms is unacceptable to you, you must immediately terminate your use of the Service.

13.  Termination.

A.  TWC reserves the right at any time to terminate and/or suspend access to the Service or any portion thereof, or to modify any of the Service or any aspect of the Service, including, without limitation, the Content, features, functions, and availability of the Service, without notice (except as and when required by law or as stated in these Terms). In addition, your license to the Service may, at TWC's discretion, be terminated when new versions of the Service are released, and your use of such new versions, if you choose to use them, will be governed by the Terms of Use made available by TWC at such time.

B.  Your license to use the Service under these Terms and any obligations of TWC to you will automatically terminate if you fail to comply with any term of these Terms of Use.  No notice will be required from TWC to enforce such termination. In the event of such termination resulting from your failure to comply with these Terms, you will receive no refund of any amounts paid for the Service.

C.  The following sections will survive termination of these Terms of Use:  1, 2, 3, 4, 6, 8, 9, 14, 15 and 16.

14.  Binding Arbitration and Class Action Waiver

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM (WITH LIMITED EXCEPTION) WILL BE CONDUCTED THROUGH A BINDING, CONFIDENTIAL, INDIVIDUAL, AND FAIR ARBITRATION PROCESS.

A.  Neither you nor TWC will seek to have a Dispute (defined below) heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties involved therein. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and TWC concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and TWC empower an arbitrator with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of this Agreement is void or voidable.

B.  In the event of a Dispute, you or TWC must first send by mail to the other a written notice of the Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service(s) to which the Notice relates, and the relief requested. Your Notice to TWC must be sent by mail to the corporate address provided herein. TWC will send any Notice to you at the contact information it has for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. You and TWC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period, you or TWC may commence an arbitration proceeding. Alternatively, you litigate the Dispute in small claims court if such Dispute meets the requirements to be heard in small claims court.

C.  If you and TWC do not resolve the Dispute by informal negotiation or in small claims court, the Dispute shall be resolved by final, binding arbitration conducted before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Agreement. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.

D.  This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of conflict or choice of law rules. Notwithstanding anything to the contrary herein, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

E.  In accordance with the JAMS Rules, the party initiating the arbitration (either you or TWC) is responsible for paying the filing fee. Each party shall be responsible for and bear its own costs and attorneys’ fees, except as otherwise required by applicable law.

F.  You and TWC agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any informal negotiation, proceedings of the arbitration, the arbitrator’s decision, and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order.

G. This Section 21 shall survive termination of this agreement and/or any subscription to any Services which you may have.

If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney.

15.  Miscellaneous.

A.  These Terms constitute the entire agreement between TWC and you regarding the use of the Service and supersede all previous written or oral agreements regarding the subject matter. If any terms or conditions of these Terms are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining terms and conditions will not be in any way affected or impaired. The section headings used are for convenience only and will not be given any legal effect.

B.  The rights licensed to you in these Terms are personal to you, and may not be transferred to, assigned to, or used by any other person without TWC's express prior written consent.

C.  No waiver by TWC of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

D.  The provisions of these Terms are for the benefit of TWC, its subsidiaries and affiliates, and, to the extent of their rights, for the benefit of TWC's third party content providers, contractors, advertisers and distributors, and each of the foregoing will have the right to assert and enforce such provisions directly or on its own behalf as applicable.

E. Under United States law, specifically the 21^st Century Communications and Video Accessibility Act of 2010, all distributors who make video programming available using internet protocol are required to provide contact information for handling written closed captioning complaints. If you have a complaint regarding closed captioning, please send your written complaint to: Weather Group Television, LLC, Attn: Legal Department, 300 Interstate N Pkwy SE, Atlanta, GA 30339.

F. You agree that TWC can share your video viewing activities with any service provider acting on our behalf and with advertising partners. Your consent to such sharing is valid for two years or until you withdraw your consent by emailing datarequest@weathergroup.com or submitting the form located here.  If you do not consent or withdraw your consent in the future, your information will be used only as set forth in our Privacy Policy, and shared with third parties only in the ordinary course of business.

16.  Terms Applicable to Third Party Platform Providers; Third Party Licenses

A.  If you access or download the Service via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”), LG Electronics, Inc. (“LG”) or any other third party app store or platform (each a “Third Party Platform Provider”), such Third Party Platform Providers shall be third-party beneficiaries to these Terms. However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the Service. TWC, not such Third Party Platform Providers, are solely responsible for the Service. Your access to the Service using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.

B.  The Services may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses; please review the information set forth here for applicable license terms related to the Service.

17. Notice. All notices contemplated by these Terms will be in writing. TWC may provide notice to you through the Service or via email in TWC's discretion or where required by law.  All notices to TWC should be addressed to Weather Group Television, LLC, 300 Interstate North Pkwy, SE, Atlanta, GA 30339 U.S.A., attention of the Legal Department.

18.  Notice for California Users.   Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

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