Blizzard Wizard Terms of Use / Privacy Policy

Birchwood Snow and Landscape makes no guarantees, representations or warranties respecting the reliability of Blizzard Wizard (App) app or any GPS/weather data.The App should not be used for as a life safety app in which the accuracy or reliability of this app could create a situation where personal injury or death may occur. Birchwood Snow and Landscape specifically disclaims any and all liability, including without limitation, consequential and incidental damages, that may arise in any way from the use or reliance on the Blizzard Wizard app or related data. I agree that my use of this software is governed by the terms and conditions set forth herein. The data retrieved from the Blizzard Wizard app should not be redistributed or abused in any way. All rights reserved Birchwood Snow and Landscape © 2022.

By using the Blizzard Wizard app ("App") / ("Service"), or any services of Birchwood Snow and Landscape ("Birchwood"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Blizzard Wizard reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at within the App on the EULA page.

Violation of any of the terms below will result in the termination of your Account. While Blizzard Wizard prohibits such conduct and Content on the Service, you understand and agree that Blizzard Wizard cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

A. Account Terms

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for data usage respective to your agreement with your mobile provider. Blizzard Wizard is not responsible for overage fees associated with the use of this service.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

D. Modifications to the Service

Blizzard Wizard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Blizzard Wizard shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Content Ownership

You shall defend Blizzard Wizard against any claim, demand, suit or proceeding made or brought against Blizzard Wizard by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Blizzard Wizard for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Blizzard Wizard in connection with any such claim, demand, suit or proceeding; provided, that Blizzard Wizard (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Blizzard Wizard of all liability); and (c) provides to You all reasonable assistance, at Your expense.
The look and feel of the App is copyright © 2022 Birchwood Snow and Landscape. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Blizzard Wizard.

F. General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that Blizzard Wizard uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Blizzard Wizard, or any other Birchwood Snow and Landscape service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Blizzard Wizard. We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Blizzard Wizard customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Blizzard Wizard) of other Blizzard Wizard customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Blizzard Wizard does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Blizzard Wizard 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 Blizzard Wizard 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Blizzard Wizard to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Birchwood and govern your use of the Service, superseding any prior agreements between you and Blizzard Wizard (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Wisconsin law.