Terms and Conditions for Seismo-Watch.com Service
1. Earthquake Information, Confidentiality Information furnished by Seismo Watch, Inc. to Subscriber is intended for Subscriber's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with Seismo-Watch, Inc. Subscriber shall be fully responsible for maintaining confidentiality of account access information and for all charges made to Subscriber's account.
2. Use of Service
Subscriber agrees that the Seismo-Watch.com(tm) service is furnished and shall be used solely for Personal, Business or Institutional use as accurately represented by Subscriber. Subscriber agrees to truthfully represent the nature of Subscriber's use. Subscriber shall not directly or indirectly transmit, broadcast, redistribute, forward or deliver the Service or any part of the data, information, images or other products which constitute the service to any other person or entity, in any format, or by any means.
REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF SEISMO-WATCH, INC. AND THE SEISMO-WATCH NAME SHALL NOT BE USED BY SUBSCRIBER IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE. THE ONLY PERSON(S) WHO MAY USE THE TRADEMARKS OF SEISMO-WATCH, INC. OR THE SEISMO-WATCH NAME IS ONE WHO HOLDS A SEPARATE WRITTEN TRADEMARK LICENSE AGREEMENT WITH SEISMO-WATCH, INC.
4. Copyright, Storage and Ownership of Service
All information, data, images, and other things comprising the Service are to be considered copyrighted by Seismo-Watch, Inc. and they remain the sole and exclusive property of Seismo-Watch, Inc. Subscriber is authorized to use such for the purposes stated herein and to store such information during the time of the Agreement. Subscriber may not store for future use such information beyond that period, nor develop a library of such information.
5. Events Beyond Seismo-Watch's Control
Seismo-Watch, Inc., shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with Seismo-Watch, Inc., nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of Seismo-Watch, Inc. If the Service or delivery thereof is disrupted by any such event(s), Seismo-Watch, Inc.'s obligations hereunder shall be suspended during the period of occurrence for such disrupting event(s). SUBSCRIBER IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, AND ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF SAME. SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
Seismo-Watch, Inc. make no express or implied warranties or affirmations that weather will occur or has occurred as the reports, forecasts, graphics, data or information comprising the Service state, represent or depict and it shall have no responsibility or liability whatsoever to Subscriber or any other person or entity, parties and nonparties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred. SEISMO-WATCH, INC. MAKE NO WARRANTIES HEREUNDER, AND THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Choice of Laws
The parties agree to submit to the Nevada Courts only, any dispute arising out of this Agreement or related thereto, and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Nevada law.
Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber.
Subscriber represents he or she is of full legal age and authority and that he or she intends to be legally bound hereby.
Seismo-Watch.com was designed to utilize cookies for optimal user performance. Cookie preferences can be found under "Edit/Preferences/Advanced" (Netscape Communicator 4), "Tools/Internet options/Security/Custom Level" (Microsoft Internet Explorer 4/5 PC) or "Edit/Preferences/Receiving Files/Cookies" (Microsoft Internet Explorer 4/5 Mac).
Special terms and conditions for subscribers to the Premium Service (does not apply to Basic Service users).
1. Subscription Fees
A. Subscriber agrees to pay to Seismo-Watch, Inc. the fees stated or as specified from time to time. Charges will be calculated based upon the subscription product or package selected. Failure of payment shall render due and payable all sums plus a late payment charge of two and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account.
B. Packages, once purchased, are nonrefundable, regardless of use or lack of use by subscriber.
C. Once a charge has been processed to a subscriber's credit card account, the subscriber shall not request his or her credit card company to reverse the charge or charge it back to Seismo-Watch, Inc. If subscriber has a legimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from Seismo-Watch, Inc. by written notice and resolve the issue directly with Seismo-Watch, Inc. Any reversed charges which cause the credit card company to impose a charge back cost against Seismo-Watch, Inc. shall be reimposed by Seismo-Watch, Inc. upon subscriber. Such costs may exceed the cost of the reversed item or charge back by many times.
2. Terms of Service
This Agreement shall remain in effect beginning on sign-up and it shall remain and continue in effect unless 5 days written notice of termination is received by one party from the other party. The prices and terms are subject to change upon notice by Seismo-Watch, Inc. to Subscriber. Posting of notice on the System shall constitute notice.
3. Written Notice
Written notice of termination and requests for credit shall be provided in the following manner: e-mail notification to [email protected] or facsimile notification at 775-852-0992, attn: Legal Department.
4. Renewal Terms
Monthly subscription package shall continue to renew monthly until proper termination notification is received from Subscriber. Upon expiration of subscription period, subscribers will be renewed on monthly subscription terms unless proper termination notification is received from Subscriber.
Subscriber hereby agrees that it will well and truly indemnify and save harmless Seismo-Watch, Inc. from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which in the case of failure of payment by Subscriber shall equal twenty-five percent of such payment due but not paid, that Seismo-Watch, Inc. may sustain by reason of Subscriber's failure to perform this Agreement. Subscriber's breach of any of the terms, covenants or conditions of the Agreement, or other claims against Seismo-Watch, Inc. arising from this Agreement. Seismo-Watch, Inc.'s failure to perform this Agreement, resulting from any event(s) not specified above, shall cause it, to be liable to Subscriber in a maximum aggregate amount not to exceed the cost of service paid for by Subscriber at the time of failure, if any, and still unused by Subscriber. This shall be the exclusive remedy hereunder.
Questions or concerns about the terms and conditions? Drop an e-mail to .
©2001 Seismo-Watch, Inc. All rights reserved.
This service provided to you according to our terms & conditions.