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THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU AND RAMPAGE PUBLISHING, REGARDING THE TERMS AND CONDITIONS GOVERNING YOUR USE OF AVWX.NET. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING AVWX.NET SERVICE. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THESE TERMS AND CONDITIONS GOVERNING THE USE OF AVWX.NET. THE TERM "YOU" REFERS TO THE INDIVIDUAL, LEGAL ENTITY AND/OR AUTHORIZED EMPLOYEE OF SUCH LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES AVWX.NET. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE AVWX.NET SERVICE.
These Terms and Conditions govern your use of AvWx.net, including your use of the Web sites maintained by RamPage Publishing. These Terms and Conditions along with the specific terms of your AvWx.net subscription, which are described in the cover letter and/or e-mail sent to you by RamPage Publishing, are collectively referred to as this "Agreement". In the event that any of the specific terms of your AvWx.net subscription sent to you by RamPage Publishing conflict with any provision of these Terms and Conditions, the specific terms of your AvWx.net subscription from RamPage Publishing shall prevail.
By using AvWx.net, you express your understanding and agreement that you are bound by this Agreement. If you are unwilling to be bound by this Agreement, do not use AvWx.net service.
RamPage Publishing may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. By continuing to use AvWx.net after such notice is given, you express your understanding of and agreement with the changed or modified Terms and Conditions.
The RamPage provides only supplemental weather information. Information from does not constitute a legal preflight weather briefing under FAA rules. Legal preflight weather briefings are available from Flight Service Stations. You can reach a Flight Service Station by dialing 1-800-WX-BRIEF, or dialing one of the direct-dial numbers available on the AirportWX pages. Weather information available on may not be as complete or as timely as information available from a Flight Service Station.
Access to AvWx.net is restricted to you and your authorized employees who are assigned passwords enabling access to AvWx.net. Except as expressly authorized by RamPage Publishing in this Agreement, neither AvWx.net nor any of its contents may be reproduced, duplicated, copied, sold, or otherwise used or exploited for any purpose.
Access to AvWx.net requires the use of User IDs issued by RamPage Publishing. Each User ID is to be kept confidential and is not to be disclosed to anyone other than you or your employee to whom it is assigned. You are responsible for all activities that occur through the use of the enclosed User IDs including unauthorized use, and for promptly notifying RamPage Publishing of any unauthorized use of the User IDs assigned to an employee or any other breach of security with respect to AvWx.net. RamPage Publishing, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to and use of AvWx.net by you or any of your authorized employees.
RamPage Publishing grants to you a personal, non-exclusive, non-transferable, non-assignable license to store, manipulate, analyze, reformat, print, and display the information, documents, and products contained in or made available in connection with AvWx.net solely for your own internal business purposes. All rights not expressly granted to you by RamPage Publishing are retained by RamPage Publishing. Unauthorized use or resale of AvWx.net is expressly prohibited. You shall not copy, license, sublicense, sell, transfer, make available, distribute, create derivative works based on or assign this license or AvWx.net to any third party, any such attempt is void and is a breach of this Agreement. You shall not use any information displayed via AvWx.net in conjunction with any business or commercial enterprise not authorized or contemplated by the specific terms of your AvWx.net subscription provided to you by RamPage Publishing.
You agree to use AvWx.net only for the lawful purposes described above. You shall not: (i) post or transmit on or through any RamPage Publishing Web site any libelous, obscene or otherwise unlawful information of any kind; (ii) interfere with, disable, modify, decompile, or reverse engineer AvWx.net in any way; (iii) engage in any conduct involving AvWx.net that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation; or (iv) upload, post, reproduce or distribute to or through AvWx.net, including any RamPage Publishing Web site, any material protected by copyright, privacy or other proprietary right without first obtaining a written license from the owner thereof.
RamPage Publishing, RamPage Telepublishing and AvWx.net and the names of RamPage Publishing products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of RamPage Publishing and/or its subsidiaries.
Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
AvWx.net uses information from the National Oceanic and Atmospheric Administration and from the National Geospatial-Intelligence Agency. However, this product has not been endorsed or otherwise approved by NOAA, the National Geospatial Intelligence Agency, the United States Department of Defense or the United States Central Intelligence Agency.
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide RamPage Publishing with valid credit or purchase order information as a condition to signing up for AvWx.net. You must also report and pay any applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit approval.
RamPage Publishing will automatically renew and bill your credit card or issue an invoice to you as follows: (a) every month for monthly subscriptions, (b) every quarter for quarterly subscriptions, (c) upon the commencement of the annual term and then at each subsequent anniversary of that initial term for continuous annual subscriptions, or (d) upon such other terms as may be expressly provided to you by RamPage Publishing. All invoices shall be due and payable within 30 days after the invoice date.
If timely payment is not received or cannot be charged to your credit card for any reason, RamPage Publishing reserves the right to either suspend or terminate your access to AvWx.net and terminate this Agreement. If RamPage Publishing receives a cancellation notice from you, you will be obligated to pay the balance due on your account. You agree that RamPage Publishing may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You further agree to pay all of RamPage Publishing's costs of collection (including attorneys' fees) with respect to unpaid fees.
You agree to a limit of one free trial period per paid account. RamPage Publishing reserves the right to terminate accounts without notice in instances of abuse of the free trial system.
RamPage Publishing shall not be responsible for any failure or malfunction in power or communications, or in your equipment used to access AvWx.net, or the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with RamPage Publishing, or any inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of RamPage Publishing. If AvWx.net is disrupted by any such event, RamPage Publishing's obligations hereunder shall be suspended during the period of occurrence for such disrupting event.
The RamPage may contain technical, typographical or other errors or inaccuracies and may not be complete or current. RamPage Publishing does not warrant that any material or information provided via AvWx.net is accurate, complete or current. RamPage Publishing may change any material or information provided via AvWx.net at any time without prior notice, but RamPage Publishing does not make any commitment to update material or information with respect to AvWx.net. RamPage Publishing makes no representation that AvWx.net is applicable, lawful or appropriate for access or use in locations outside of the United States and its territories and possessions.
RamPage Publishing has not reviewed all of the Web sites to which links appear on RamPage Publishing's Web sites and is not responsible for their contents. The inclusion of any such link on RamPage Publishing's Web sites is for your convenience only and does not imply endorsement by RamPage Publishing of any linked Web site, the use of which is at your own risk.
YOU EXPRESSLY AGREE THAT USE OF AVWX.NET IS AT YOUR SOLE RISK. IN THE EVENT AVWX.NET IS UNAVAILABLE DURING SEVERE WEATHER, YOU SHOULD KEEP ADVISED OF ALL WATCHES AND WARNINGS ISSUED BY THE NATIONAL WEATHER SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
AVWX.NET AND ALL CONTENT ARE MADE AVAILABLE BY RAMPAGE PUBLISHING AND ACCEPTED BY YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF AVWX.NET AND ACKNOWLEDGE THAT AVWX.NET MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. MOREOVER, RAMPAGE PUBLISHING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT, SOFTWARE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN AVWX.NET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGE, VIDEO, OR AUDIO VIA AVWX.NET.
RAMPAGE PUBLISHING ASSUMES NO LIABILITY FOR LOSS OR DAMAGE WHATSOEVER AND HOWSOEVER RESULTING FROM ANY USE OF, INABILITY TO USE, OR RELIANCE UPON AVWX.NET. IN NO EVENT WILL RAMPAGE PUBLISHING BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS, WHETHER IN CONTRACT, IN TORT (INCLUDING RAMPAGE PUBLISHING'S OWN NEGLIGENCE), OR OTHERWISE (INCLUDING STRICT LIABILITY) ARISING OUT OF OR RELATING TO AVWX.NET, OR THE USE OR INABILITY TO USE AVWX.NET, EVEN IF RAMPAGE PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RAMPAGE PUBLISHING UPON ANY CLAIM WHETHER IN CONTRACT, IN TORT (INCLUDING RAMPAGE PUBLISHING'S OWN NEGLIGENCE), OR OTHERWISE (INCLUDING STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH AVWX.NET SHALL NOT EXCEED THE GREATER OF THE LICENSE FEES ACTUALLY COLLECTED FROM YOU BY RAMPAGE PUBLISHING IN CONNECTION WITH RECEIVING AVWX.NET OR ONE HUNDRED DOLLARS ($100.00).
You acknowledge that RamPage Publishing has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and limitations on damages set forth in this Agreement, and that the same form an essential basis of the bargain between you and RamPage Publishing. You agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed in their essential purpose.
You shall indemnify and hold RamPage Publishing, its licensors, and each such party's parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of AvWx.net, your breach of this Agreement, and the use of AvWx.net by any person using a User ID assigned to you or one of your employees.
You agree that you will not pursue any claims against RamPage Publishing for any liability RamPage Publishing may have under or relating to this Agreement until you first make claims against your insurance provider(s) and such insurance provider(s) finally resolve(s) such claims. You waive your right of recovery against RamPage Publishing (and waive the subrogation right of your insurance provider(s)) to the extent such claims are covered by your insurance.
Use of AvWx.net, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of California, without giving effect to any principles of conflict of laws. Any claim or dispute between RamPage Publishing and you, or any other user of AvWx.net, howsoever arising out of or relating to this Agreement will be submitted to binding arbitration in Santa Clara County, California under the then-current rules of the American Arbitration Association; provided, however, that nothing in this Agreement shall prevent RamPage Publishing from resorting to judicial proceedings if any claim or dispute involves intellectual property rights or if interim relief from a court is necessary to prevent serious and irreparable injury to RamPage Publishing. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement or any activity undertaken in connection with this Agreement.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect.
RamPage Publishing may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity. You may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of RamPage Publishing. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
The failure by either you or RamPage Publishing at any time to enforce any of the provisions of this Agreement or any right or remedy shall not constitute a waiver of such provision, right or remedy or in any way affect the validity of this Agreement. The waiver of any default by either you or RamPage Publishing shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
This Agreement (which includes these Terms and Conditions and the specific terms of your RamPage subscription provided to you by RamPage Publishing) sets forth the entire agreement and understanding between RamPage Publishing and you regarding the subject matter hereof and supersedes any oral or written prior representations, negotiations, discussions or agreements regarding the same subject matter. You may not modify or amend this Agreement except by the express, written agreement of RamPage Publishing.
RamPage Publishing administers this Site from its offices in San Jose, California. Rampage Publishing makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.