Terms and Conditions of the WeatherARC Service
Acceptance of the Terms of Service
The following outlines the terms and conditions for the sale of all data and forecast products and for any license agreements with WeatherARC. Mesoscale Environmental Simulations and Operations Inc. (MESO Inc.) is doing business as (DBA) WeatherARC and thus herein any mention of WeatherARC will include MESO Inc.
WeatherARC provides links to other websites not affiliated with WeatherARC or MESO Inc. This terms of service document and everything stated
herein do not apply to those websites. Please contact them directly to obtain their terms of service agreements.
Use of Service
In consideration of you paying us the fee, we will grant you a non-exclusive non-transferable permit for you to use the service to view print and/or use the data obtained from WeatherARC. The weather information contained in the files is public domain. However, you are not permitted to distribute or sell any of the files, in whole or in part, obtained from WeatherARC to any third party.
As part of our service you have the option to create an account to make it easier to make multiple purchases. Creating an account is entirely
optional.
If you encounter any problems with your dataset please contact us so we can do our best to rectify the situation.
Suspension of Service
We reserve the right at any time to suspend provision of the service for the purposes of repair, maintenance or support, or in the event of any actual or suspected breach of the conditions of this contract, or if there is or we believe or suspect that there is any fault in the service or in any system used by you.
Warranties
Accuracy of Data:
While we will use reasonable skill and care in the production of the data, the data is produced to a high scientific standard and is of a quality appropriate to the inherent inexact nature of the science of meteorology. We will make every effort to ensure that the data is accurate, however we do not warrant or guarantee the accuracy or completeness of the data and cannot accept any liability for any losses incurred by you as a result of your reliance on that data. If you desire a more in-depth understanding of the data and require a consultation please contact us.
Updates to Website and Data:
Future updates to our website and the data contained within may be necessary so we can continue to provide the most up to date and accurate information possible. If you notice significant changes affecting your particular location of interest please contact us and we will try to determine the reason for the change.
Right to Distribute Data and Provide Services:
We represent and warrant that we have the right to distribute/license the data to you and provide the service to you as set forth herein and your use of the data and receipt of the service as permitted hereunder will not violate or infringe upon any rights held by third parties, including but not limited to intellectual property rights held by any individual or entity.
Liability
Consequential loss:
We will not be liable to you for loss of actual or anticipated profits or savings, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if we were advised of, or knew of the likelihood of, that loss or type of loss arising.
Limit of liability:
We will not be liable to you for loss of actual or anticipated profits or savings, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if we were advised of, or knew of the likelihood of, that loss or type of loss arising.
Our liability for direct loss whether in contract, or tort (including negligence) or arising in any other way, will not exceed the fees you have paid to us for the relevant data relating to which such incident or series of incidents arose.
Indemnity:
You will keep WeatherARC and MESO Inc. fully and effectually indemnified against all actions, claims, proceedings, costs and damages (including any sums paid by you to compromise or settle any claim) together with all legal costs or expenses arising out of any claim by a third party based on your use of the data.
