IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOT USE THE BOT.
By accepting these terms, you represent that you are at least 18 years old or have reached the age of majority where you live, if that is more than 18 years of age. If you are under 18 or have not reached such age of majority, your parent or legal guardian must accept these terms on your behalf.
If you comply with these terms, you have the rights below.
1. USE: You may use the bot for the sole purpose of interacting with the service provided by the AccuWeather on the platform. AccuWeather reserves all other rights.
2. RESTRICTIONS: You may not:
1. Work around any technical limitations of the bot;
2. Modify, reverse engineer or otherwise alter the bot (except to the extent this is authorized by applicable law notwithstanding this limitation);
3. Use the bot in any way prohibited by law, regulation, governmental order or decree;
4. Use the bot to:
1. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. engage in activity that is false or misleading or that is harmful to you, others (including children), or the bot (e.g., transmitting viruses, communicating hate speech, or advocating violence against others);
3. share inappropriate content, advertising, spam, spyware or malware;
4. gain (or attempt to gain) unauthorized access to any service, data, account or network by any means.
5. Infringe upon the rights of others;
6. Use the bot anywhere other than the platform where the AccuWeather has made it available, unless the AccuWeather has enabled such uses;
7. Remove, modify, or tamper with any notice or link that is incorporated into the bot.
3. TERMINATION: If AccuWeather believes that you are making unauthorized use of the bot or that you are in violation of these terms, it may suspend or terminate your access to AccuWeather’s service with or without notice. This may result in a loss of your data.
4. YOUR CONTENT AND INFORMATION: You grant to AccuWeather the right to use any content or information that you submit via the bot as necessary for AccuWeather to provide the service to you and for any other business purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS. The bot may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the bot.
8. APPLICABLE LAW. The parties agree to submit to the Pennsylvania Courts only, any dispute arising out of this Agreement or related thereto and consent to the jurisdiction of said courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Pennsylvania Law and this paragraph shall supersede any conflicting choice of law rules.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
10. DISCLAIMER OF WARRANTY The bot and the service accessed via the bot are provided “as is” “with all faults” and “as available”. You bear the risk as to its quality and performance. The AccuWeather gives no express warranties, guarantees, or conditions in relation to the bot. To the extent permitted under your local laws, AccuWeather excludes any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the AccuWeather only direct damages up to the amount you paid for the bot or USD$1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the AccuWeather. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you begin using the bot.
1. This limitation applies to:
1. Anything related to the bot or services made available through the bot; and
2. Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.
2. This limitation applies even if:
1. This remedy doesn’t fully compensate you for any losses; or
2. The AccuWeather knew or should have known about the possibility of the damages.
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