Terms of Service
Last updated: October 13, 2020
Media Grid LLC, a Michigan Limited Liability Company d.b.a. Cirrus Forecast ("us", "we", or "our") operates https://cirrusforecast.com website (hereinafter referred to as the "Service").
By accessing and using the Service, you (the "Subscriber", "you", or "your") are agreeing to be bound by these Terms of Service (the "Agreement"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Service. The materials contained in the Service are protected by applicable copyright and trademark law.
The Service is provided solely for the use of current and future customers of Media Grid LLC to provide you with information about our company, to permit you to subscribe to our services and products, manage your account, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
- any advertisement, solicitation, spam, or other similar type of information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Permission is granted to temporarily download one copy of the materials (information or software) on the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on or provided by the Service;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Service Contents and Ownership
The information contained on the Service, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of Media Grid LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described in this Agreement. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of the Service and prevent unauthorized copying of the Materials. Except as provided in this Agreement, Media Grid LLC does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
You agree that any of the following activities are considered prohibited usage and may result in legal action.
- Using sample audio weather forecasts from the "Listen" feature for production use - the use of the audio weather forecasts created on the Service by the "Listen" feature are solely for the use of samples or examples. They are not for production use.
- Other Activities viewed as Illegal or Harmful - Engaging in illegal activities or engaging in activities harmful to the operations of the Service.
Media Grid LLC provides technical support to our Subscribers via our Support Center here. We provide support related to your account or the Cirrus Forecast Downloader software. We do not offer support for integrating the Service with other services or software.
Plans, Pricing, and Refunds
Upon creating an account on the Service, you are given a 14 day trial for one location with no credit card required. A credit card is required to continue the Service for the location on trial after 14 days or to activate any additional locations added to your account. A location is considered a geo-graphical area that is subscribed to the Service to receive audio weather forecasts for that specific area.
Upon adding or updating your credit card, you agree to be charged immediately for any expired locations (not paused/canceled) and any previous invoices that have not yet been paid in full. You also agree to be charged for any location on trial when the trial ends and the plan has not been paused/canceled.
- Changing a plan for a location will prorate any prices or discounts that will be reflected on your next invoice.
- Pausing/canceling a plan will allow the plan to continue until the end of the billing period/cycle. No refunds are given.
- If a plan for a location is paused/canceled or expired or if a payment method is added, the plan price will be updated to the current price for all respective locations when they become active again.
- When adding an additional location to your account and you have a credit card on file, you will be charged the prorated amount for the remaining of the billing cycle within 48 hours.
Media Grid LLC reserves the right to change plan pricing, discounts, fees, or charges at any time.
Invoicing and Payment
You agree that Media Grid LLC shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by Media Grid LLC may be turned over to an outside collection agency for collection.
Media Grid LLC is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Media Grid LLC. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Cirrus Forecast Downloader Software
The use of the Cirrus Forecast Downloader software provided by the Service is solely for the use with the Service. Any other use is prohibited. By installing and using the Cirrus Forecast Downloader, you are agreeing to this entire Agreement.
An API Key is provided with your account in order for the Cirrus Forecast Downloader software to authenticate with your account. Your API Key is to be kept confidential and is not to be published or otherwise made accessible to the general public. If you become aware of any unauthorized use of your API Key, you agree to reset your API Key immediately. Media Grid LLC may unilaterally reset your API Key if it notices any unauthorized use.
Disclaimer of Warranty
You expressly agree that use of the Service is at your sole risk. Neither Media Grid LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that the Service will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Media Grid LLC does not warrant reliability of any statement or other information displayed or distributed through the Service. Media Grid LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Service. Media Grid LLC may make any other changes to the Service, the Materials and the products, programs, services, or prices (if any) described in the Service at any time without notice.
THE SERVICE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SERVICE ARE PROVIDED ON AN "AS IS","WHERE IS," AND "WHERE AVAILABLE" BASIS. MEDIA GRID LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE CONTENT, INFORMATION, OR THE MATERIALS ON OR PROVIDED BY THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIA GRID LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THE SERVICE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SERVICE OR YOUR USE OF THE SERVICE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
Limitations of Liabilities
YOU AGREE THAT MEDIA GRID LLC AND OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON OR PROVIDED BY THE SERVICE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MEDIA GRID LLC OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THE SERVICE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THE SERVICE, YOUR USE OF, OR INABILITY TO USE, THE SERVICE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MEDIA GRID LLC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Media Grid LLC, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Service, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitations on Claim
Any cause of action you may have with respect to your use of the Service must be commenced within one year after the claim or cause of action arises.
Term and Termination
Without limiting its other remedies, Media Grid LLC, at our sole discretion, may immediately discontinue, suspend, terminate, or block your and any user's access to the Service at any time. This includes the right to suspend, cancel, or delete your account on the Service.
As a convenience to you, we may provide on the Service links to websites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave the Service. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Media Grid LLC. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Media Grid LLC.
Media Grid LLC does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Media Grid LLC. Links do not imply that Media Grid LLC or the Service sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Media Grid LLC or any of its affiliates or subsidiaries. Except for links to information authored by Media Grid LLC, Media Grid LLC is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Media Grid LLC reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Controlling Law, Jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Media Grid LLC makes no representation that the materials are appropriate or available for use outside the United States. If you access the Service from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of the Service. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with Media Grid LLC arising out of your use of the Service.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the Service, including but not limited to any consent you give to receive communications from Media Grid LLC solely through electronic transmission. You agree that when in the future you click on an "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
By using the Service, you also agree to receive emails from the Service in regards to your account, notices, or other information pertaining to the Service.
This Agreement constitutes the entire agreement between Media Grid LLC and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Media Grid LLC with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to the Service. It is your responsibility to return to this Agreement from time to time to review the most current Terms of Service. Media Grid LLC does not and will not assume any obligation to notify you of changes to this Agreement.
If you have any questions concerning these Terms of Service, you may contact us here.