The AllisonHouse website, services, applications and all iterations there of (the "Service") is owned and operated by AllisonHouse LLC ("AH"). Listed below are the terms and conditions of use (the "Terms") for the Service. By using, accessing and/or viewing information on the Service, you (the "Subscriber") agree to be bound by these Terms. If you violate these Terms, AH has the right to terminate your use of the Service and/or take appropriate legal actions against you or such other action as AH deems appropriate. An unlisted activity may also be a violation of the Terms if it is illegal, irresponsible, or disruptive use of the Service. No credits will be issued for any interruption resulting from the actions taken by AH in an attempt to uphold the Terms.
We reserve the right to change these Terms at any time by posting on the Service. Subscriber understands and agrees that its use of this Service is a benefit voluntarily given by AH and that AH may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use the Service and information offered herein.
VIOLATION OF ANY TERM IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ALLISONHOUSE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, DATA, WEB PAGES, IMAGES. IT IS ALLISONHOUSE'S POLICY TO TERMINATE REPEAT INFRINGERS. ALLISONHOUSE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
- PERMITTED USE. Each subscription is to be used by a single user from up to one non-mobile device and
one mobile device. Customers may switch devices, such as from a home computer to a work computer, but
are not allowed to run more than two devices utilizing the same subscription at the same time. A separate
subscription must be purchased for each simultaneous access that is required. Continued, non-accidental,
violations of this provision will constitute a violation.
You may use the Service and the features, information, images and other data contained therein (collectively, the "Data") for personal purposes or in support of commercial purposes. However, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Data, in whole or in part without our express written consent. Further restrictions on the use of this Service and its Data are provided in Sections 2, 6 and 9 of these Terms.
Indirect or attempted violations of these Terms and actual or attempted violations by a third party on your behalf shall be considered violations of these Terms by you.
- SUBSCRIPTION USE. Customer is responsible for protecting his or her password, subscription information, unique URLs and any other authorization codes (the "Authorization Codes") and for any authorized or unauthorized use thereof. The Customer will not permit anyone else to use his or her Authorization Codes.
- OWNERSHIP/TRADEMARKS. Subscriber does not acquire or have any ownership, license or other proprietary interest in the Service or the Data. You understand that the Service and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Specifically, some of Data on this Site, including all data derived from a lightning network, is unique and proprietary to the respective owner, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from AH.
- MONITORING. AH shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, AH shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of AH.
- LINKS. The Service may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by AH or by any of its third-party providers regarding the content of those other websites. Neither AH nor its third- party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
- LIMITATION OF LIABILITY. AH assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Service. THE SERVICES OF THE SITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither AH nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Service or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. AH DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Service or use and/or monitor any information in or related to the Service for any unauthorized purpose. Specifically, each Subscriber, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
- Upload, post, email, transmit or otherwise make available any Data or content on the Service as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Service, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Service or its Data;
- Use this Service or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Service;
- Alter or delete information not provided by you, or interfere with the operation of this Service including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- INDEMNIFICATION. You agree to indemnify and to hold AH, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney’s fees) arising out of your use of the Service, including, without limitation, any violations by you in the terms and conditions for your use of the Service.
- VIRUSES. We will use commercially reasonable efforts to maintain the Service free of viruses and other harmful components. However, as some of the Data is provided by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Service. We do not warrant that the Service, its servers or any Data downloaded from the Service is free from viruses, bugs or other harmful components.
- MODIFICATIONS/TERMINATION. Without limiting its other remedies, AH may immediately discontinue, suspend, terminate or block your and any user's access to this Service at any time in its sole discretion. AH may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Service. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. AH does not assume any obligation to notify you of changes to these terms and conditions.
- GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Service are governed by the laws of the State of Illinois. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Dupage County, Illinois.
- ENTIRE AGREEMENT. These terms and conditions of use for this Service constitute the entire agreement between you and AH regarding your access to the Service and your reproduction and use of any information in the Service. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of AH.
- TRANSMISSION FAILURES. AH will use commercially reasonable efforts to publish and transmit the Data on a continuous and timely basis. AH is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Data; or for the failure to transmit any Data resulting from any natural disasters, wars, labor strike or other events beyond the control of AH. YOU ACKNOWLEDGE THAT FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
GOVERNMENT AGENCIES – AMENDMENT
AllisonHouse acknowledges that as a United States government entity, you are required, when entering into agreement with other parties, to follow applicable federal laws and regulations, including those related to ethical standards, limitations on indemnification, fiscal law constraints, advertising and endorsements, freedom of information, governing law, and dispute resolution forum and processes (collectively, "Government Considerations").
- Governing Law and Liability of Government Entity. The provision in the Terms that governs
the jurisdiction, venue and choice of law in the resolution of any claim, cause of action or dispute
arising out of your use of the Service is hereby replaced with the following:
"You and AllisonHouse will endeavor to resolve any claims, causes of action or disputes in an amicable fashion. Any claim, cause of action or dispute that arises from these Terms will be governed, interpreted and enforced in accordance with the laws of the United States of America. In the absence of federal law, the laws of the state of Illinois will apply. The liability of Government Entity and its obligations to AllisonHouse resulting from any breach by Government Entity of any of the provisions of this Terms or any claim, cause of action or dispute arising from this Terms will be determined under the Contract Disputes Act, the Federal Tort Claims Act, the Tucker Act, or any other applicable law."
- Indemnity. The indemnity provision in the Terms is hereby deleted in its entirety and replaced with
"You agree that the Service is an additional distribution channel for Data, but in no event will serve as or be represented as the official source or primary provider of Data."
- Authority. The following section is added to the Terms:
"Additional Representations; Authority. Government Entity hereby represents and warrants that (a) the individual executing this agreement is duly qualified and has the appropriate authority to agree to the Terms and this Amendment on behalf of Government Entity."
"Changes to the Terms. AllisonHouse agrees that to the extent that any change or addition to these Terms conflict with this Amendment, the terms of this Agreement shall supersede such change or addition."
- Governing Law and Liability of Government Entity. The provision in the Terms that governs the jurisdiction, venue and choice of law in the resolution of any claim, cause of action or dispute arising out of your use of the Service is hereby replaced with the following: