Engage ADX Inc.
2205 152nd Ave NE,
Redmond, WA 98052
WeatherPost websites are provided on an AS IS and AS AVAILABLE basis. WeatherPost disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services WeatherPost Extension
WeatherPost is an easy-to-use weather app that displays the accurate 5 day weather forecast as well as the current time. The functionality of the software can also be enabled and disabled within the extension.
You shall not use the Services to create, upload, transmit, distribute, or store material that:
If you decide that you no longer wish to use the WeatherPost, you may easily uninstall it.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the services or of any content (including any software) available throughout the Services.
All software and content owned and operated by WeatherPost and all 3rd party software and content is the exclusive intellectual property of its owner and is protected as such.
When installed on your device, the software periodically communicates with our servers that are maintained in the United States of America. By installing the Software, you give consent allowing the Software on your device to communicate with and send data to our servers in the USA. We may update the software on your device when a new version is released or when new features are added. These updates occur automatically. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the software.
WeatherPost grants you a personal, nonexclusive, non-assignable and nontransferable license to use the Services as permitted under this Agreement. You represent and warrant that you are the owner of the device onto which you have downloaded and installed the software, or the owner of the device has authorized you to do so. You agree, with respect to all other users of the device on which you have caused the software to reside, to be responsible for their use of the software in compliance with this Agreement.
All rights not expressly granted to you by the foregoing sentence are reserved by WeatherPost.
All comments, suggestions, and feedback are welcome.
Please note by making any submission, you grant WeatherPost and third parties permission to use and incorporate your ideas or comments into WeatherPost Services without compensation of any kind to you.
WeatherPost may terminate Services at any time, or remove, discard or modify any part of the Services, for any reason, or it may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files. We may, at any time, (i) modify, discontinue or suspend your right to access the software, (ii) discontinue any campaigns, surveys or incentive offers, or (iii) change the terms for any future campaigns, surveys or incentive offers.
WeatherPost shall not be liable for any such suspension, discontinuation or termination of the Services or your access to the Services.
WeatherPost SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. WeatherPost AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
YOUR USE OF WeatherPost SERVICES IS AT YOUR SOLE RISK. WeatherPost SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WeatherPost EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WeatherPost AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTY THAT WeatherPost SERVICES WILL MEET YOUR REQUIREMENTS, THAT WeatherPost SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WeatherPost SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH WeatherPost SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF WeatherPost SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE WeatherPost SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
YOU UNDERSTAND AND AGREE THAT WeatherPost, ANY OF ITS SUBSIDIARIES, AFFILIATES OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
THESE LIMITATIONS WILL APPLY WHETHER OR NOT WeatherPost OR ANY SUBSIDIARY, AFFILIATE OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL WeatherPost’S OR ANY SUBSIDIARY, AFFILIATE OR LICENSOR'S CUMULATIVE LIABILITY FOR DIRECT DAMAGES HEREUNDER EXCEED $100.00.
You agree to indemnify WeatherPost and its subsidiaries, affiliates and licensors, and their officers, directors, employees and agents, representatives, information providers and licensors and to hold them harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind arising, directly or indirectly, from the Services.
Applicable Law; Jurisdiction and Venue; Attorneys’ Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive personal jurisdiction and venue of state and federal courts located in Palm Beach County, Florida for all disputes arising out of this Agreement. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which it may be entitled.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Service, for whatever reason.
Changes to This Agreement
WeatherPost may change this agreement at any time, at its sole discretion. Notice of material changes to this agreement will be posted on WeatherPost’s Website. You agree that your continued use of the services following any changes to this agreement will constitute your acceptance of such changes. We expect most future changes to be minor.