Terms and Conditions

By submitting a banner to Weather4us.com (PC-Magic Software LCC), you, the Advertiser or its agency (collectively "Advertiser"), agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Weather4us.com Product or Service.

Conditions and Restrictions on Use

All Advertising Orders are subject to acceptance by Weather4us.com. Rates and the Standard Terms are subject to change without notice. Weather4us.com reserves the right to refuse or cancel any Advertising Order, without cause, at any time. The Standard Terms and Advertising Order shall be collectively known as the "Agreement." Advertiser and its agency (if applicable) shall be jointly and severally responsible under this Agreement.

1. Term of Agreement. The term of this Agreement commences on the Placement Start Date set forth by the Advertising Order and terminates upon completion of the advertising run.

2. Right to Reject Advertisement. All contents of advertisements are subject to Weather4us.com's approval. Weather4us.com reserves the right to reject or cancel any advertisement, Advertising Order, URL link, or space reservation, at any time, for any reason whatsoever (including belief by Weather4us.com that any placement thereof may degrade the graphic quality of the Weather4us.com or may subject Weather4us.com to criminal or civil liability). Ads relating to sex, alcohol, tobacco, discrimination, and gambling will definitely be denied. Others will be accepted solely at Weather4us's discretion.

3. No Assignment or Resale of Ad Space. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any attempt by Advertiser to resell, assign or transfer such rights shall result in immediate and automatic termination of this Agreement, without liability to Weather4us.com.

4. Statistics. Weather4us.com makes no guarantee with respect to usage statistics or levels of impressions or click-throughs for any advertisement.

5. No Warranty. Weather4us.com MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

6. Limitations of Liability. In the event that Weather4us.com fails to publish an advertisement, or in the event that Weather4us.com fails to deliver the full time period of the Advertising Order (if any), or in the event of any other failure, technical or otherwise of such advertisement to appear as provided in the Advertising Order, the sole liability of Weather4us.com and exclusive remedy of Advertiser shall be limited to placement of the advertisement at a later time until the total advertising displays purchase have been delivered. In no event shall Weather4us.com be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Third Parties (if any). IN NO EVENT SHALL Weather4us.com BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF Weather4us.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Weather4us.com'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY Weather4us.com FROM ADVERTISER FOR THE ADVERTISING ORDER GIVING RISE TO THE CLAIM. Advertiser acknowledges that Weather4us.com has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

7. Advertiser's Representations; Indemnification. Advertiser represents and warrants to Weather4us.com, and Third Parties (if any), that Advertiser holds all necessary rights to permit the use of the advertisement by Weather4us.com for the purpose of this Agreement; and that the use, reproduction, distribution, transmission or display of advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the advertisement will not (a) violate any criminal laws or any rights of any third parties or (b) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Advertiser agrees to indemnify, defend and hold Weather4us.com and Third Parties (if any) harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) breach of any of the foregoing representations and warranties, or (ii) any third-party claim arising from use of or access to the advertisement under this Agreement or any material to which users can link, or any products or services made available to users, through the advertisement under this Agreement.

8. Cancellations. The Advertising Order is non-cancelable by Advertiser. If Advertiser cancels the Advertising Order, in whole or in part, Advertiser agrees that no refund will be issued.

9. Termination; Effect of Termination. In the event of a material breach by Advertiser, Weather4us.com may terminate this Agreement immediately without notice or cure period, without liability to Weather4us.com. In the event of any termination, Advertiser shall remain liable for any amount due under an Advertising Order for advertisement delivered to Weather4us.com and such obligation to pay shall survive any termination of this Agreement. If the parties contemplate any provision to survive any termination or expiration of this Agreement, such provision shall survive such termination or expiration. At the request of the disclosing party, the receiving party shall return all of the disclosing party's Confidential Information to the disclosing party.

10. Miscellaneous. This Agreement: (i) shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to principles of conflicts of law; and (ii) will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. This Agreement may be amended only by a writing executed by a duly authorized representative of each party. Advertiser shall make no public announcement regarding the existence or content of the Advertising Order without Weather4us.com's prior written approval, which approval shall not be unreasonably withheld. Any dispute hereunder will be negotiated in good faith between the parties within 45 days commencing upon written notice from one party to the other. Any notices under this Agreement shall be sent to the addresses set forth in the Advertising Order (or in a separate writing) by facsimile or nationally recognized express delivery service and deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.