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.
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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.