Through this agreement Tri-State Weather, may be referred to as "Tri-State"
1. CONTENT ACCESSIBLE ON THE BOARD
The Tri-State Weather Board contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing the Tri-State Weather board. You understand and agree that any Content posted on the Board is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the board. You acknowledge that Tri-State Weather is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the board, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Tri-State Weather be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Board.
You acknowledge that Tri-State does not pre-screen Content, but agree that Tri-State shall have the right (but not the obligation) to remove or restrict access to any Content on the Board in its sole discretion and without notice or compensation. Without limiting the foregoing, Tri-State shall have the right to remove or restrict access to any Content that violates this Agreement or that Tri-State believes is otherwise objectionable.
2. LICENSE GRANTED TO TRI-STATE WEATHER
You grant Tri-State the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the board, for the purposes of displaying such information on Tri-State's sites and for the promotion and marketing of the Tri-State board. However, Tri-State will not resell, attempt to resell, or otherwise convey these rights to any third party.
3. USER CONDUCT
You agree to not use the Service to:
~Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
~Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
~Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
~Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
~Use any material or information, including images or photographs, which is made available through the Tri-State Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
~Advertise or offer to sell or buy any goods or services for any business purpose.
~Conduct or forward surveys, contests, pyramid schemes or chain letters.
~Restrict or inhibit any other user from using and enjoying the Tri-State Board.
~Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
~Violate any applicable laws or regulations.
~Create a false identity for the purpose of misleading others.
3b. NO WISHCASTING
Our Community is not a place to post "theoretical" or "perfect storm" predictions. "Wishcasting" is hoping for extreme weather outside of the consensus forecast, often beyond the typical computer forecast model accuracy limit (including "bittercasting" (which is saying "It won't happen" with no reason). If you can't support your forecast with the parameters of at least one forecast model, quotes from other forecasters, or sound meteorological reasoning, you shouldn't post it.
~~If you do use the Tri-State Board to commit any of the above, Tri-State may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Board, and remove and discard any Content within the Board.
4. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Board. Tri-State reserves the right, but has no obligation, to monitor disputes between you and other users of the Board
5. OTHER WEB SITES AND RESOURCES
Third parties using the Board may provide links or access to other web sites and resources. Because Tri-State has no control over such sites and resources, you acknowledge and agree that Tri-State is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Tri-State shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
6. NO RESALE, REDISTRIBUTION OR REPURPOSING OF BOARD CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Board, access to the Board or any of the Content accessible through the Board, other than Content as to which you hold the intellectual property rights.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE BOARD IS AT YOUR SOLE RISK. THE BOARD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRI-STATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TRI-STATE MAKES NO WARRANTY THAT (i) THE BOARD WILL MEET YOUR REQUIREMENTS, (ii) THE BOARD WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE BOARDWILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BOARD IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY TRI-STATE.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRI-STATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRI-STATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BOARD; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BOARD; OR (v) ANY OTHER MATTER RELATING TO THE BOARD.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
You agree to indemnify and hold Tri-State, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Board, your use of the Board, your connection to the Board, your violation of the law, this Agreement or the rights of another.
11. LEGAL DISPUTES
This Agreement and your relationship with Tri-State shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Tri-State agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk New York, USA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend this Agreement at any time by posting the amended terms. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Board following the effective date of any modifications shall constitute your binding acceptance of those modifications.
This Agreement constitutes the entire agreement between you and Tri-State with respect to the Tri-State Board and supersedes all prior agreements and understandings between you and Tri-State. Tri-State's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right.
All forecasts herein are made to the best ability of the forecaster. However, due to standard forecasting error, these forecasts cannot be guaranteed. Any action or inaction taken by users of this forecast is the sole responsibility of that user.
Last Updated: 3/28/2011