The Company reserves the right, at its sole discretion, to modify this Agreement at any time by posting a notice on the Site or by sending You notice via email or other form of written notice. You shall be responsible for reviewing and becoming familiar with any such modification.
Your use of the Services following the posting of any such modifications will constitute Your acceptance of the terms and conditions of the revised Agreement.
Subject to the terms and conditions of this Agreement, the Company may provide certain services as described more fully on the Site (the “Services”).
Services may include, but not be limited to, a collection of online resources, including advertisement, forum, messaging, and an online technology platform that provides long range weather forecasts, as well as other Services that the Company may provide.
You may be required to register with the Company and select a password and Username. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a Company User name a name of another person with the intent to impersonate that person; or (ii) use as a Company User name a name subject to any rights of a person other than You without the appropriate authorization. The Company reserves the right to refuse registration of, or cancel a Company User name in its sole discretion.
The Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Upon termination, Your right to use the Services, send Submissions, access the Site and any Content will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Links to Third Party Sites
Links to third-party websites are provided for convenience only. dryday does not endorse nor support the content of third-party links. Users link to other sites at their own risk and use such sites according to the terms and conditions of use of such sites. dryday is not responsible for the content of a third-party website. By clicking on a third-party link, you will leave the dryday website. Confidentiality, data privacy, and security policies may differ from those practiced by dryday.
The Company may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on THE DRYDAY™ WEB SITE are accurate and comply with applicable laws. The Company will not be responsible for the illegality of or any error in accuracy in any advertisers. or sponsors. materials. Participant understands and agrees that, in order to provide for the use of THE DRYDAY™ WEB SITE, the company contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on THE DRYDAY™ WEB SITE or any agreement relating to THE DRYDAY™ WEB SITE. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, of any error or omission in the services provided, not provided, withdrawn or terminated, or the use of THE DRYDAY™ WEB SITE
Warranty Disclaimer & Limitation of Liability
This Agreement does not create any special relationship or fiduciary duties between You and the Company. The Company has no special relationship with or fiduciary duty to You.
The Company 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 DRYDAY™ WEB SITE. THE SERVICES OF THE DRYDAY™ WEB SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the foregoing, you agree that neither the Company 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 DRYDAY™ WEB SITE or any viewing or use of any information on THE DRYDAY™ WEB SITE. You acknowledge that the limitations in this Section are reasonable and appropriate. THE COMPANY 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.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from (i) any claim or demand made by any third party due to or arising out of Your access to the Site, (ii) use of the Services (including the sending of Submissions), (iii) the violation of this Agreement by You, or ( iv) the infringement by You of any intellectual property or other right of any person or entity.
Forecasts are developed for a geographical region, not specific cities or locations. Within a given geographical region there are a limited amount of stations that continuously record weather data. Stations are selected based on the required amount of accurate historical data. The accuracy of dryday forecasts is then calculated by comparing historical data to our previous predictions. The historical years used to determine accuracy may vary depending on available data.