This document was last updated on April 16, 2015.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
YOU ARE NOT ALLOWED TO USE THIS WEBSITE OR OUR APPLICATIONS IF YOU DO NOT ACCEPT THE TERMS SET FORTH HEREIN.
THIS WEBSITE IS A FREE SERVICE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESSED WARRANTY IMPLIED FOR ANY PARTICULAR USE. LOCALCONDITIONS.COM IS OFFERED STRICTLY FOR RECREATIONAL, EDUCATIONAL, INFORMATIONAL, AND NOVELTY PURPOSES ONLY. THE INFORMATION MAY BE INACCURATE OR INCOMPLETE BASED ON HOW WELL THE CORRESPONDING INFORMATION WAS SUCCESSFULLY OR UNSUCCESSFULLY REPORTED OR RECORDED WITH THE INSTRUMENTS WHICH MEASURED THE WEATHER OR TRAFFIC AT THE TIME; OR MAY BE INACCURATELY REFERENCED, INACCURATELY DISPLAYED, OR INACCURATELY PROVIDED TO US FROM THIRD-PARTIES INCLUDING, BUT NOT LIMITED TO: DATA GAPS BETWEEN HOURS OR EVEN DAYS.
SPECIFICALLY, LOCALCONDITIONS.COM, IN PART OR AS A WHOLE, INCLUDING ANY OR ALL THE DATA, SHOULD NOT AND MAY NOT BE USED AS A REFERENCE FOR ANY REASON RELATING TO: LEGAL PROCEEDINGS, INSURANCE CLAIMS, DISCOVERY, RECOVERY, LOSS PREVENTION, MAKING PREDICTIONS, AND/OR ESPECIALLY MAKING CRITICAL LIFE DECISIONS. LASTLY, THE WEATHER STATIONS OR MONITORING DEVICES MAY BE MILES AWAY FROM THE ACTUAL AREA OF INTEREST. DATA FOUND ON THIS WEBSITE MAY NOT BE LEECHED, REPUBLISHED, OR RE-FRAMED.
WE RESERVE THE RIGHT, WITHIN OUR SOLE DISCRETION, TO TEMPORARILY OR PERMANENTLY BLOCK ANY OR ALL SERVICES, PROVIDED THROUGH AND/OR FROM THIS SITE, TO ANY VISITOR WE DEEM ABUSIVE IN ANY MANNER.
IF REQUESTED, WE WILL NOT AND CANNOT GIVE OUT ADDRESS INFORMATION FOR ANY REPORTING STATION OR WEATHER / ROAD CONDITION MONITORING DEVICE; AS THIS FALLS WITHIN YOUR AGREEMENT TO NOT USE THIS WEBSITE FOR THE ABOVE MENTIONED; AS WELL AS FOR REASONS THAT MAY VIOLATE THE RIGHTS, SAFETY, OR PRIVACY OF, INCLUDING BUT NOT LIMITED TO THESE ENTITY LEVELS: GOVERNMENT, STATE, CITY, MUNICIPAL, PUBLIC OR PRIVATE COMPANY, ORGANIZATION, OR INDIVIDUAL PERSON OR PERSONS.
"Consumer" shall mean a person or legal entity that searches for weather and or traffic for any location.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. The Agreement is void where prohibited.
5. PROHIBITED USES
LocalConditions.com imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not:
(a) use any data on this site to make critical decisions. YOU SHOULD always defer to your local authorities and government resources with respect to weather and/or traffic conditions that may adversely affect life, safety, and/or property;
(b) violate or attempt to violate any security features of the Website or Services;
(c) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(d) ATTEMPT TO PROBE, SCAN, OR TEST THE VULNERABILITY OF THE SERVICES, THE WEBSITE, OR ANY ASSOCIATED SYSTEM OR NETWORK, OR BREACH SECURITY OR AUTHENTICATION MEASURES;
(e) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
(f) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(g) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(h) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the LocalConditions.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
(i) use automated website cloning programs to scan any of our pages for any length of time or repetition;
(j) reference or present any data on this site for defense or offense in proving or disproving facts in legal proceedings with relation to what weather or traffic conditions where like on any date or time, or when weather or traffic conditions may have been a factor to such incidents, for example, but not limited to: traffic violations, traffic accidents, insurance claims, personal or property damages, or fatal loses - as we are not an official government or municipal source of weather or traffic;
LocalConditions.com is an automated weather and traffic dissemination service exclusively meant for informational purposes - to the end-user. We do not guarantee the accuracy, validity, or integrity of the data provided; nor should the data found on the website be used to make any critical decisions.
Consumers who visit the Website are prompted, at their discretion, to enter their desired location to receive information for the corresponding region. Upon selection of the desired location, Consumers are directly provided a current report for that area. In certain cases a Consumer may want to leave their own report and are asked to complete and submit a form, which asks Consumers to provide certain personal information (such as Consumer's name, email address, etc.) and details pertaining to the selected location.
Once a user report has been processed by LocalConditions.com, information contained in the form (i.e. a Consumer's name and the details pertaining to the location) will be posted on the site, within the location by which the form was submitted through. Pursuant to the communication method entered by the Consumer on the form, LocalConditions may, at our sole discretion, contact a Consumer directly for the purpose of internal marketing and quality assurance.
LOCALCONDITIONS.COM DOES NOT AND CANNOT GUARANTEE THAT LOCALCONDITIONS.COM WILL BE ABLE TO PROVIDE WEATHER INFORMATION OR TRAFFIC INFORMATION TO ANY LOCATION WHATSOEVER OR THAT THE INFORMATION IS ACCURATE, CURRENT, OR VALID.
7. RELATIONSHIP AND OBLIGATION OF PARTIES
LocalConditions.com is an independent resource and service and under no circumstance is LocalConditions.com to be considered a partner, contractor, employee, or otherwise beholden to the Consumer in any way, and vise-versa.
8. THIRD-PARTY WEBSITES
9. PROVIDING INFORMATION OR CONTENT
You agree to provide true, accurate and complete information whenever you supply any information or content on the Website, including without limitation personal profiles, weather or traffic reports, and advertisements.
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that:
(a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable;
(b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(c) violate any provision of this Agreement or any other LocalConditions.com agreement or policy (collectively, "Objectionable Content"). LocalConditions.com will monitor the Website for Objectionable Content. Without limiting any of its other remedies, LocalConditions.com reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. LocalConditions.com, in its sole discretion, may delete any Objectionable Content from its servers. LocalConditions.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
10. CONSENT TO RECEIVE EMAIL
By using the Website and the Services, You consent to receive periodic email communications from LocalConditions.com concerning LocalConditions.com's services and other matters; in which you will be given the opportunity to opt-out of upon receipt.
11. REFUND POLICY
Purchases of Services, where applicable, will not be refunded except as specifically set forth on the Website or in any other agreement between You and LocalConditions.com. All purchases are final.
12. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
LocalConditions.com, the LocalConditions.com logo and (the "LocalConditions.com Marks") are trademarks or registered trademarks of LocalConditions.com. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the LocalConditions.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the LocalConditions.com Marks generated as a result of Your use of the Website and Services will inure to the benefit of LocalConditions.com, and You agree to assign, and hereby do assign, all such goodwill to LocalConditions.com. You shall not at any time, nor shall You assist others to, challenge LocalConditions.com's right, title, or interest in or to, or the validity of, the LocalConditions.com Marks.
(c) Copyrighted Materials; Copyright Notice
All Content and other materials available through the Website and Services, including without limitation the LocalConditions.com logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by LocalConditions.com or are the property of LocalConditions.com's licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2008 to the present, LocalConditions.com. ALL RIGHTS RESERVED.
(d) DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
As LocalConditions.com asks others to respect LocalConditions.com's intellectual property rights, LocalConditions.com respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want LocalConditions.com to delete, edit, or disable the material in question, you must provide LocalConditions.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LocalConditions.com to locate the material; (d) information reasonably sufficient to permit LocalConditions.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to LocalConditions.com's designated agent at:
Please use this form
13. DISCLAIMERS; LIMITATION OF LIABILITY
(a) DISCLAIMER INVOLVING PRIVACY AND CONTACT WITH OTHERS THROUGH LocalConditions.com
You acknowledge that reliance upon any information made available through website shall be at your sole risk. You agree to release, hold harmless and indemnify localconditions.com of any and all liability arising from incorrect or incomplete information regarding any aspect of the website or service.
LOCALCONDITIONS.COM IS NOT RESPONSIBLE AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR DISCLOSURE, SUBSEQUENT USE AND CONTINUED PROTECTION OF INFORMATION PROVIDED TO, VIEWED, OR DOWNLOADED.
YOU UNDERSTAND THAT BY RECEIVING SERVICES THROUGH LOCALCONDITIONS.COM, YOU KNOWINGLY AND FREELY ASSUME ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER CONDUCT OF THE OWNERS, AGENTS, OFFICERS, OR EMPLOYEES OF LOCALCONDITIONS.COM, OR BY ANY OTHER PERSON IN ASSICATION WITH SAID SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY LOCALCONDITIONS.COM AND ITS RESPECTIVE OWNERS, AGENTS, OFFICERS AND EMPLOYEES FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHERWISE, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, WHICH MAY ARISE OUT OF YOUR USE OF THE WEBSITE AND SERVICES.
(b) DISCLAIMER OF WARRANTIES
LOCALCONDITIONS.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCALCONDITIONS.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER LOCALCONDITIONS.COM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER LOCALCONDITIONS.COM NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(c) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD LocalConditions.com OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(d) LIMITATION OF LIABILITY
THE LIABILITY OF LOCALCONDITIONS.COM AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOCALCONDITIONS.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO LOCALCONDITIONS.COM OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF LOCALCONDITIONS.COM AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE ONE HUNDREDTH OF ONE U.S. CENT (0.001). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LOCALCONDITIONS.COM AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND LOCALCONDITIONS.COM OR BETWEEN YOU AND ANY OF LOCALCONDITIONS.COM'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. LOCALCONDITIONS.COM'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
14. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other LocalConditions.com policies, and with any applicable laws or regulations.
15. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless LocalConditions.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the "LocalConditions.com Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to LocalConditions.com or any of the LocalConditions.com Parties of information or other data; or (iv) disputes between Contractors and Consumers. The LocalConditions.com Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the LocalConditions.com Parties. You may not settle any Claim without the prior written consent of the concerned LocalConditions.com Parties.
16. DISPUTES; GOVERNING LAW
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR, AS SET BY COMMON LAW, AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and LocalConditions.com arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the Judicial Arbitration and Mediation Service (JAMS) in Los Angeles, California, unless You and LocalConditions.com mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS' fee) to the prevailing party, but not attorney's fees.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or LocalConditions.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or LocalConditions.com from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
(a) By LocalConditions.com
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, LOCALCONDITIONS.COM RESERVES THE RIGHT TO, IN LOCALCONDITIONS.COM'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by LocalConditions.com.
(c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to LocalConditions.com notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, LocalConditions.com may, but has no obligation to, in LocalConditions.com's sole discretion, delete from LocalConditions.com's systems Your Personal Information and any other files or information that You made available to LocalConditions.com or that otherwise relate to Your use of the Website or Services. Subsequent to termination, LocalConditions.com reserves the right to exercise whatever means its deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action
If LocalConditions.com, in LocalConditions.com's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, LocalConditions.com will be entitled to recover from You as part of such legal action, and You agree to pay, LocalConditions.com's reasonable costs and attorneys' fees incurred as a result of such legal action. The LocalConditions.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 5, 10-19, 21 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed LocalConditions.com.
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between LocalConditions.com and You concerning Your use of the Websites. This Agreement and any other written agreements executed between You and LocalConditions.com constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of LocalConditions.com or by the unilateral amendment of this Agreement by LocalConditions.com and by the posting by LocalConditions.com of such amended version.
(b) Severability; Waiver
if any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of LocalConditions.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You and LocalConditions.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for the LocalConditions.com Parties as and to the extent set forth in Sections 14, 18 and 20(e), and LocalConditions.com's licensors and suppliers as and to the extent expressly set forth in Section 16, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to LocalConditions.com and LocalConditions.com's licensors and suppliers, and would therefore entitle LocalConditions.com or LocalConditions.com's licensors or suppliers, as the case may be, to injunctive relief.
All notices required or permitted to be given under this Agreement must be in writing. LocalConditions.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to LocalConditions.com. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH LOCALCONDITIONS.COM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY LOCALCONDITIONS.COM OF AN EMAIL TO THAT ADDRESS. You agree that any notice received from LocalConditions.com electronically satisfies any legal requirement that such notice be in writing.