Terms
Terms of use
Agreement
These Terms govern use of the website and online features operated for Meteorologist Jack Drake (the “Site”) and the optional paid SMS weather alert subscription (the “Service”). By using the Site or Service, you agree to these Terms and our Privacy Policy. If you disagree, do not use the Site or Service.
Eligibility
You must be able to enter a binding contract to subscribe. The Site and Service are offered from Connecticut for United States users, especially those in our stated service area; we do not market the Service outside the U.S. You must provide accurate, current information.
The Site
The Site offers free weather-related tools and content (such as maps, forecasts, alerts, and data views). Everything on the Site is informational only—not a substitute for official warnings, emergency services, or your own judgment. Information may come from third parties (including government, commercial weather, and mapping providers); accuracy and availability are not guaranteed. Third-party services you access through the Site are between you and them.
The Service (SMS)
The Service is a paid subscription for weather-related text messages you request. By subscribing with the phone number you provide, you represent that you are the subscriber or authorized user of that number and you consent to receive automated and non-automated SMS (and, if we use them, MMS) at that number for the weather alerts and related operational messages tied to your subscription. We send messages only to people who sign up through our checkout or other opt-in flows we operate—we do not use purchased or third-party contact lists for this Service. Frequency varies; message and data rates may apply per your carrier plan.
Stripe handles payment; your subscription is active after successful checkout. Manage billing through Stripe’s customer portal when we link to it. SMS is delivered using The Texting Company, LLC (d/b/a Textedly) or another provider we name in our Privacy Policy. Carriers and messaging intermediaries are not liable for delayed or undelivered messages. How we share subscriber and message-related data with vendors is described in that Privacy Policy.
To opt out of SMS, reply with STOP, END, QUIT, CANCEL, UNSUBSCRIBE, REMOVE, or OPTOUT. Reply HELP for help. Opting out of texts does not automatically cancel a paid subscription; use the billing tools we provide or contact us. You are responsible for accurate contact and service-area information. Delivery can vary by carrier, device, weather, industry rules (such as 10DLC or short code requirements), or third parties.
We intend to operate the Service in line with U.S. messaging rules that apply to permission-based alerts (including the Telephone Consumer Protection Act and carrier/industry guidance such as CTIA best practices). That summary is informational and not legal advice.
Acceptable use
You will not use the Site unlawfully, infringe others’ rights, attempt unauthorized access, disrupt or overload the Site (including evading rate limits or abusive scraping), misrepresent your identity, or spread malware or harassment. We may suspend or terminate access for violations or risk to the Site or others.
Intellectual property
Site design, branding, and our original content are owned by Meteorologist Jack Drake or licensors. Third-party marks and data stay with their owners. You get a limited, non-exclusive license for personal, non-commercial use unless we agree otherwise in writing.
Disclaimers
THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR HARM-FREE OPERATION.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, METEOROLOGIST JACK DRAKE AND THOSE OPERATING THE SITE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM USE OF THE SITE OR SERVICE, EVEN IF ADVISED OF THE RISK. OUR TOTAL LIABILITY FOR CLAIMS RELATED TO THE SERVICE IN ANY TWELVE-MONTH PERIOD IS LIMITED TO WHAT YOU PAID FOR THE SERVICE THAT YEAR (OR, IF NONE, ONE HUNDRED U.S. DOLLARS). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITS; THEN OUR LIABILITY IS LIMITED TO THE FULL EXTENT THE LAW ALLOWS.
Indemnity
To the extent permitted by law, you will defend and indemnify Meteorologist Jack Drake and those operating the Site against claims, damages, losses, and reasonable attorneys’ fees arising from your misuse of the Site or Service, your breach of these Terms, or violation of others’ rights.
Governing law and disputes
These Terms are governed by the laws of the State of Connecticut and applicable federal law of the United States, excluding Connecticut conflict-of-law rules. Courts in Connecticut have exclusive jurisdiction over disputes arising from these Terms or the Site, except where mandatory consumer protections in your U.S. state apply and cannot be waived.
Changes
We may change these Terms and the date above. Material changes may need extra notice where the law requires. Continued use after updates means acceptance; if you disagree, stop using the Site and cancel through our billing tools.
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