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NYCMetNet USER AGREEMENT:
NYCMETNET USER AGREEMENT ("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by ticking 'I agree' to this Agreement, you signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click 'I agree'. Please check this Agreement periodically for changes as the owner of this site CCNY, The City College of New York ("The Company") reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate your use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by you.
This web site is owned and operated by CCNY, The City College of New York, a part of the City University of New York, a university registered in the State of New York, NY, USA.
We aim for as near to 100% uptime as is reasonably possible but we do not guarantee any levels of service and we will not accept responsibility for any losses arising from downtime.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company grants you a non-exclusive, non-transferable limited license to use this site in accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are protected by copyrights, ethical rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the USA and internationally. All rights not expressly granted herein are fully reserved by the Company.
The Company reserves the right to review and delete any content held on its servers, including photos, videos, text without justification.
Except as may be explicitly permitted through this site or prior written agreement, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit in any form, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if we issue you with a user token and/or password you will not allow access to this site through your user token and/or password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a password not easily guessed by a third party. You are liable for whatever arises (including any breach of this Agreement) if your user token and/or password are used by someone else to gain access to your user account. You agree that you will not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that we will pursue such penalties to the full extent of the law to protect our rights and the rights of our other licensors.
If you choose to access this site from locations outside the USA, you do so knowingly on your own initiative and voluntarily at your own risk and are responsible for compliance with local laws.
Our own, our licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply our endorsement of such sites, our advertisers or licensors, and is provided solely for your convenience. You agree that neither we nor our licensors have any liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
NEITHER WE NOR THIRD PARTY SITES AVAILABLE THROUGH LINKS OR FRAMES FROM THIS SITE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF IT, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH IT. ALL INFORMATION AND USE OF THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH IT, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL WILL TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to indemnify us and our subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your breach of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
We may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges you have used this site for any purpose that violates any applicable laws including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that we may disclose you the User to this site if requested by a government or law enforcement body or as a result of a subpoena or other legal action.
CHOICE OF LAW AND FORUM
This site is controlled by us from our offices within the State of New York, USA. It can be accessed from other countries around the world to the extent permitted by that country. As each of these places has laws that may differ from the USA or the State of New York, by accessing this site, you agree that the laws of the USA and the State of New York will apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction and venue of the USA and the State of New York and any that legal proceedings will be conducted in English. We make no representation that materials on this site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.
If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions will not be affected and this Agreement, as much as possible under applicable law, will continue in full force and effect as if such unenforceable provision had never constituted a part of this Agreement and the unenforceable provision will be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
CUSTOMER QUERIES AND COMPLAINTS
All user queries are handled by email. Please send an email to firstname.lastname@example.org if you have any questions, problems or complaints.
Environmental Data contained in this website is obtained from several database sources. Some are:
Because of the nature of data transmission across the Internet, other data transmission factors and individual
station acquisition, including calibration issues, the datasets provided by NYCMetNet may not always be current.
While NYCMetNet takes reasonable efforts to screen data, nevertheless, it may contain reporting errors unknown to us.
NYCMetNet, CCNY, CUNY, ESRL/GSD and its data providers disclaim liability of any kind whatsoever, including,
without limitation, liability for quality, performance, accuracy, completeness, reliability, merchantability and
fitness for a particular purpose arising out of the use or inability to use the data.
Contact NYCMetNet to apply for written approval to use these data.
ESRL/GSD and its data providers disclaim liability of any kind whatsoever, including, without limitation, liability for quality,
merchantability and fitness for a particular purpose arising out of the use or inability to use the data presented herein.
Part of the The City College of New York's Urban Dispersion Program (UDP) for the City of New York © Copyright 2012
Program Code Copyright © Thomas Legbandt 2010 - 2014
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