Thank you for choosing the ClearPoint Weather Service ("ClearPoint"). These are the Terms and Conditions (the "Terms") for your subscription to the ClearPoint Weather Service (the "Service"). Please keep this copy of the Terms for your records.

If you do not accept these terms, please notify us immediately (our address and phone number are below) and we will cancel your subscription. If you do not cancel your subscription within 3 days, it will mean that you agree to these terms and that they will be legally binding on you.

CONTACT INFORMATION:

You may contact Customer Care between 9:00 AM and 5:00 PM EST by calling +1-540-687-3255, by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or by writing to:

ClearPoint Weather
PO Box 855
Middleburg, VA 20118-0855
Attention: Customer Care

1. GENERAL

a) Programming. The Service consists of a variety of weather data. Many different and changing considerations affect the availability, cost and quality of this data and customer demand for it. Accordingly, we reserve the unrestricted right to change, rearrange, add, or delete data, including canceling, moving or adding particular types of weather data, and our prices, at any time, with or without notice to you. You always have the right to cancel your subscription to the Service (your "Subscription"), in whole or in part, if you do not accept any change. If you do not cancel your Subscription within 30 days of a change, your continued receipt of the Service will constitute your acceptance of such changes.

b) Eligibility; Use Limitations. You must be at least 18 years old to assume the obligations set forth in these Terms. Minors may use the Service only if a parent or legal guardian assumes the obligations set forth in these Terms and thereby assumes full responsibility for the minor's use of the Service. We provide the Service only for your personal, non-commercial enjoyment. You may not make commercial use of, reproduce, rebroadcast, or otherwise transmit our weather data, or record, charge for or distribute any of our data. Subscription to the Service does not grant you the right to use any of our or our partners' trademarks.

d) Safety. It is your responsibility to exercise discretion and observe all safety measures required by law and your own common sense. ClearPoint assumes no responsibility for accidents resulting from or associated with use of the Service.

2. SPECIAL OFFERS; CHANGES TO TERMS AND CONDITIONS

a) Special Offers. We may from time to time make available special offers that supplement or modify the terms and conditions set forth in these Terms. Details of such special offers, including eligibility requirements for participation, will be made available separately. In the event of any conflict between these Terms and the terms of such offers, the terms of such offers shall govern. Only offers made or expressly authorized by ClearPoint can alter the terms and conditions set forth in these Terms.

b) Changes to Terms and Conditions. We reserve the right to change these Terms, including our fees and charges, from time to time. If we make any changes which materially affect your Subscription, we will send you a notice describing them and their effective date, in the manner described in Section 10(a), or we will send you an entirely new set of Terms to replace these Terms. You always have the right to cancel your Subscription at any time if the Terms are not acceptable to you. If you do not cancel your Subscription within 30 days, your continued receipt of the Service will constitute acceptance of the changed Terms. If you notify Customer Care that you do not accept such Terms, then we may cancel your Subscription as provided in Section 6.

3. SERVICE INTERRUPTIONS

Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things we cannot control. Service might also not be available in certain places (e.g., in tunnels, parking garages, or within or next to buildings) or near other technologies. We are not responsible for any interruptions of the Service.

4. PAYMENT

In return for receiving the Service, you agree to pay us as follows:

a) Subscription Fee. You must pay in advance, by credit card or branded debit/check card, or, for committed Subscriptions of at least one year in length, by check or money order, at the rates in effect at the time of payment, for any Service ordered, with or without your permission, through all periods until your Service is canceled. You will receive a paper invoice only if you commit to a Subscription of at least one year in length and elect to pay by check or money order, in which case, you will be required to make your first payment before your subscription is activated. You will be responsible for all Subscription fees, other charges and fees and purchases under your account. Our Subscription fees and other charges and fees are subject to change.

b) Billing Statements. Billing statements will be provided only upon request. If you would like to receive a statement for a particular period, please contact Customer Care as provided at the top of these Terms. Please include the name and service address on your account in your letter or email. Statements will show: (1) payments, credits, purchases and any other charges to your account, (2) your account balance, and (3) the payment due date.

c) Administrative Fees. In order to minimize our monthly subscription fees, we may charge you one or more of the following fees, all of which are subject to change:

1. Activation Fee: We may charge you a one-time fee to activate, reactivate, upgrade or modify each Subscription on your account. The fee is payable in the billing period immediately following the date that the charge was incurred.

 

2. Invoice Administration Fee: if you commit to a Subscription of at least one year in length and elect to pay by check or money order, we may charge you an administration fee of up to $2.00 per invoice.

3. Cancellation Fee: If you cancel your Subscription prior to the end of a prepaid Subscription or committed Subscription period, we may charge you a cancellation fee of up to $75.00.

4. Transfer Fee: If you wish to transfer your Subscription to a different customer during the term of a prepaid subscription or committed subscription period, we may charge you a transfer fee of up to $75.00

5. Late Fee: If we do not receive your payment by the billing due date, we may charge you a late fee of up to $5.00 (plus applicable taxes) per month or partial month until the delinquent amount is paid in full, subject to applicable law. We do not extend credit to customers and this late fee is not an interest charge. This fee is reasonably related to the actual expense we incur due to late payment and may be subject to limitations set forth by law in your state.

6. Deposits: If you wish to reactivate your Subscription after a deactivation for non-payment, you must pay your account in full and we may require a deposit toward future service. Deposits will appear on your bills as credits, from which we will deduct our charges. Deposits will not earn interest.

7. Account History: If you request a paper history itemizing past payments and changes on your account, we may charge you a fee of up to $10.00 to offset our costs.

8. Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a collection fee that is the lesser of (i) $20.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount permitted under applicable law. You acknowledge that this collection fee is not an interest charge, finance charge, time price differential or other such charge or payment of a similar nature and that it is reasonably related to the actual expense we incur due to unsatisfied payment.

d) Questions About Your Bill. If you have a question about your Subscription or bill, or if you would like to change or reactivate your Subscription, please contact Customer Care as provided on the first page of these Terms. We will respond to you as promptly as we can. If you write or email Customer Care, please include the following information:

• Your name and service address;
• Your account password;
• The dollar amount in question; and
• The details of your question.

e) Payments. You must pay in US dollars, by credit card or branded debit/check card. The outstanding balance is due in full each payment period. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account.

f ) Consents Regarding Credit. In applying to establish an account with us, you authorize us to inquire into your creditworthiness by checking with credit reporting agencies. If you are delinquent in any payment to us, you also authorize us to report any late payment or non-payment to credit reporting agencies.

g) Change of Address or Credit or Charge Card Information. You must notify Customer Care immediately of any change in your name, billing address, service address, email address, telephone number or credit or charge card information.

h) Taxes. You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the service address on your account.

5. CANCELLATION

a) Term. The term of your subscription is indefinite and Service will continue to renew for additional terms of the same length as your initial subscription term until cancelled.

b) Your Cancellation. You may cancel your Subscription at any time by notifying Customer Care. This notice will become effective at the end of your billing cycle. If you cancel your Subscription prior to the expiration of a prepaid Subscription (that is not a lifetime Subscription), you will receive a refund of amounts you may have prepaid on a quarterly, annual or multi-year basis representing those months beyond the billing cycle month during which you cancelled your Subscription. Month-to-month Subscriptions and Lifetime Subscriptions are nonrefundable. In addition, if you cancel your Subscription prior to the expiration of a prepaid subscription or committed subscription period, you may be charged a cancellation fee as described in Section 5. Service credits will not be refunded in cash, but will be honored in the form of service for the remaining length of the credit.

c) Our Cancellation. We may cancel your Subscription at any time if you fail to pay amounts owing to us when due (subject to any applicable grace period), violate or breach any of these Terms, or for any other reason. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described in Section 5.

6. CUSTOMER LIST

We do not sell, rent, share, or otherwise disclose your personally identifiable information to third parties for commercial purposes. However, we do utilize third parties to perform functions on our behalf, such as sending e-mail messages, conducting market research, analyzing data, processing credit card payments and providing customer service. These third parties have access to your personal information to the extent necessary to perform their functions and are not permitted to use it for other purposes. We may also release your personal information when appropriate to comply with the requirements of law or legal process. Such release may include exchanging information with third parties for fraud protection and reduction of credit risks. If we revise this policy, we will notify you in advance and comply with legal and other applicable obligations.

7. LIMITS ON OUR RESPONSIBILITY

a) DISCLAIMERS. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR OTHER EQUIPMENT. ALL SUCH WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED.

b) LIMITATIONS OF LIABILITY. WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE USE OF ANY EQUIPMENT OR THE SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING THE SERVICE, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES IN SECTION 8(a) ARE REFLECTED IN OUR PRICES AND ARE A FUNDAMENTAL ELEMENT OF OUR AGREEMENT TO PROVIDE THE SERVICE. YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED ABOVE UNDER YOUR STATE'S LAWS.

8. RESOLVING DISPUTES

In order to expedite and control the cost of disputes, you agree that any legal equitable claim (a "Claim") relating to the Service, your Subscription or these Terms, will be resolved as follows:

a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9(d)) for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by U.S. mail to the address at the beginning of these Terms. If C initiates a Claim, we will send our notice to the service address on file with us.

b) Formal Resolution. Except as provided in Section 9(d), if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules") that are in effect at the time the arbitration is initiated and under the rules set forth in these Terms. If there is a conflict between the AAA Rules and these Terms, these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. If you initiate an arbitration, you agree to pay a fee of $125 or, if less and you tell us in writing, the amount that you would pay to initiate a lawsuit against us in the appropriate court of your state. We agree to pay any additional fee or deposit required by the American Arbitration Association in excess of your filing fee. We also agree to pay the costs of the arbitration proceeding up to a maximum of one-half day (four hours) of hearings. Other fees, such as attorney's fees, expenses, travel to the arbitration and the costs of a proceeding that goes beyond one-half day, will be paid in accordance with the AAA rules. The arbitration will be held at a location within 100 miles of your residence unless you and we both agree to another location. To start the arbitration, you or we must do the following things: (i) Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered; (ii) Send three copies of the demand for arbitration plus the appropriate filing fee to: American Arbitration Association, 601 Pennsylvania Avenue, N.W., Suite 700, Washington, D.C. 20004; and (iii) Send one copy of the demand for arbitration by U.S. mail to the address at the beginning of these Terms (if you start the arbitration), or to the Subscription address on file with us (if we start the arbitration).

c) Binding Effect. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. A court may sever any portion of this Section 9 that it finds to be unenforceable.

d) Exceptions. Notwithstanding the foregoing, any: (i) dispute over the validity of intellectual property rights or our licenses to operate our business; (ii) Claim based on Section 1(b) above; and (iii) dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §605, or the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, may be decided only by a court of competent jurisdiction. Nothing in these Terms shall affect our ability to terminate your Subscription for non-payment of amounts owed to us when due. Furthermore, nothing in these Terms will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts.

9. MISCELLANEOUS

a) Notice. Notices to you will be deemed given when deposited in the mail or when sent by email. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or email) or telephone number set forth at the beginning of these Terms.

b) Applicable Law. The interpretation and enforcement of these Terms shall be governed by the laws of the State of Delaware. These Terms are subject to modification if required by such laws. Notwithstanding the foregoing, Section 9 shall be governed by the Federal Arbitration Act.

c) Assignment of Account. We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.

d) Other. These Terms make up our entire agreement relating to your Subscription. No salesperson or other representative is authorized to change it for you, although ClearPoint may modify it without prior notice to you (see Section 2). If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed.

THANK YOU FOR CHOOSING ClearPoint WEATHER.

Last updated: January 1, 2008.

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