Website Terms of Use

 

THIS WEBSITE IS OFFERED ONLY UPON THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS.

 

1.  Ownership. This site is owned and operated by Vertum Partners LP ("Vertum"). Vertum may at any time change or discontinue this site or any aspect or feature of this site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.

 

2.  Restrictions on Use. You may use this site for lawful purposes only. You may not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.

 

3.  Copyright. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part of the site.

 

4.  Use of Data Sets Accessed Through the Site. You are not restricted in your use of data sets acquired through use of this site.

 

5.  Disclaimers of Warranty; Limitations of Liability.

 

VERTUM MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING THE VALUE, TIMELINESS, ACCURACY, OR RELIABILITY OF ANY DATASET WHICH YOU MAY RECEIVE THROUGH USE OF THIS SITE, OR CONCERNING THIRD PARTY DATASETS FROM WHICH VERTUM'S DATASETS ARE DERIVED.

 

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

 

VERTUM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

 

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL VERTUM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

 

6.  Indemnification. You agree to defend, indemnify and hold harmless Vertum and its affiliates and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.

 

7.  Trademarks. Vertum and its logos are trademarks of Vertum Partners LP. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

 

8.  Viruses. Vertum assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video, or audio from the site.

 

9.  Restricted Rights Legends. All Vertum products and publications are commercial in nature. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provision(s), as applicable.

 

10.  Changed Terms. Vertum has the right at any time and without prior notice to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions may be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice may be deemed to constitute acceptance of such changes, modifications, additions or deletions.

 

11.  Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use will be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, agree that any action related to these terms of use must be brought in a state or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder may be deemed to be a waiver of any preceding or subsequent breach or default.

 

12.  No Endorsement of Third Party Websites. This site may incorporate links to other websites. Vertum does not in any way endorse, nor is it responsible for, the content on those other Web sites.

 

13.  Privacy. In order to facilitate your access to datasets generated by Vertum, you will be required to provide your email address and name. You will also be asked to provide, on a voluntary basis, for information about you, your company, your needs for climatological data, and your use of such data. Vertum uses all such information for internal purposes only, and does not sell, license, or transfer such information to any third party.

 

14. Permitted Use. You may use the Data for internal business purposes only. "Internal business purposes" shall mean use of the Data on your computer systems for the purposes of processing or manipulating the Data. All other use, including but not limited to commercial use of the Data, is prohibited without our prior written consent. You may not redistribute the Data in whole or in part.

Copyright © 2013 Vertum Partners. All rights reserved.

617 South Olive Street, Suite 400, Los Angeles, CA 90014-1644

Phone: (310) 403-2164  |  E-mail: support@vertumpartners.com

Terms of Use