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Terms of Service

tl;dr

  • You must be a human being 13 years or older to sign up for an account
  • We may terminate your account at any time for, among other things, misuse of the service
  • We are not responsible for the accuracy or usage of the data returned by the API
  • You may not abuse the API or attempt to circumvent access restrictions
  • The laws of the United States and/or your local jurisdiction apply to your use of AVWX

The Whole Terms

duPont Technologies LLC ("Us" or "We") provides the AVWX website (avwx.rest) and various related services (collectively, the "Website") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

These Terms of Service are effective as of 2021-01-30. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications.

Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.

Account Terms

As a User, subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it. You must provide a valid email address in order to complete the sign-up process. Any other information requested, such as your real name, is optional. If you opt for a paid Account, additional information will be necessary for billing purposes.

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.

You must be age 13 or older in compliance with United States law. AVWX does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people. The account may be used by an organization, but the responsibility must fall on an individual in that organization.

You may not use AVWX in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use AVWX if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.

You are responsible for maintaining the security of your Account and password. AVWX cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify AVWX if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account

Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

API Terms

Abuse or excessively frequent requests to AVWX via the API may result in the temporary or permanent suspension of your Account's access to the API. AVWX, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

Creating multiple accounts to circumvent API access restrictions may result in the termination of all current and subsequent User accounts. You may allow down-stream Users to create their own accounts in lieu of a centralized User account.

You may not share API tokens to exceed AVWX's rate limitations.

You may not use the API to download data or Content from AVWX for illegal purposes.

All use of the API is subject to these Terms of Service and the AVWX Privacy Statement.

AVWX may offer subscription-based access to our API for those Users who require a higher rate limit, additional services.

Payment

Our pricing and payment terms are available at account.avwx.rest. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

We will immediately bill you when you upgrade from the free plan to any paying plan.

If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.

You may change your level of service at any time by choosing a plan option. If you choose to downgrade your account, you may lose access to content, features, or capacity of your account.

For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account. Other refunds are entirely at our discretion.

Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears.

User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the AVWX invoice date. Amounts payable under these Terms are non-refundable, except as otherwise provided in these Terms. If User fails to pay any fees on time, AVWX reserves the right, in addition to taking any other action at law or equity, to terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on AVWX's net income) that are imposed or become due in connection with these Terms.

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for AVWX.

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay duPont Technologies LLC any charge incurred in connection with your use of the Service. If you dispute the matter, contact support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

Third Party Websites

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

Intellectual Property

All custom graphics, icons, logos, and service names used on the Website are registered trademarks, service marks, and/or artwork held under copyright of duPont Technologies LLC or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of AVWX, duPont Technologies LLC, or its Affiliates.

The open-source code running the Service are also held under copyright of duPont Technologies LLC or its Affiliates and subject to their own accompanying licenses.

We may implement features and improvements to the Service based on User feedback. Users are not entitled to compensation, in any form, for the use of their ideas gathered from User feedback solicited or otherwise.

Disclaimer of Warranties

Content available through this Website often represents the opinions and judgments of an information provider or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, statement, or data made by anyone other than an authorized AVWX spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms of Service.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Website are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any data, user communications, or personalization settings.

International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the us without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of us.

Communications

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Communications made through email will not constitute legal notice to AVWX or any of its officers, employees, agents or representatives in any situation where notice to AVWX is required by contract or any law or regulation. Legal notice to AVWX must be in writing to the following address:

duPont Technologies LLC

8209 Via Vittoria Way

Orlando, FL 32819

AVWX only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.