Terms and Conditions
TRAVELERS WEATHER ALERTS TERMS AND CONDITIONS
YOU, THE USER, EXPRESSLY UNDERSTAND AND AGREE THAT:
The Travelers Indemnity Company and its property casualty affiliates (“we”, “us” or “Travelers”) and its suppliers, specifically The Weather Company, An IBM Business (“TWC”), provides this Weather Alert service (collectively, the “Services”) to you subject to your acceptance of all the terms and conditions, policies and procedures that may be published from time to time by either Travelers or TWC. We reserve the right to modify these terms at any time. You are responsible for reading any such modifications and such modifications are effective immediately. Your use of the Service constitutes your acceptance of these Terms and Conditions, as they may be modified from time to time. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS. DO NOT COMPLETE THE REGISTRATION PROCESS OR ACCESS OR USE THE SERVICE.
Delivery of the Services
By subscribing to the Services, you expressly solicit and authorize weather alert SMS text and email alerts (collectively “Weather Alerts”) from Travelers and TWC, to all phone numbers and email addresses you provide. When you update your MyTravelers(R) UserID email, this will also update the email address that will receive Weather Alerts.
The Services are not a substitute for official watches, warnings, advisories, bulletins or other communications issued by official government entities. You should keep yourself informed of the same. The information contained in the Weather Alerts is based on information provided by the National Oceanic and Atmospheric Administration and by TWC. Travelers makes no guarantees whatsoever as to the correctness or the accuracy of the Weather Alerts. Travelers cannot and will not verify the accuracy of the information contained in the text or email message of the Weather Alerts. You are solely responsible for any action or lack of action you take subsequent to receiving any Weather Alert through the Services.
Please note that standard text or additional text messaging, SMS or provider rates apply. Travelers sends messages to the email address and SMS mobile phone numbers you provide us within your weather alerts profile settings, and we will not be held responsible for any charges you incur from your mobile phone or internet provider as a result of receiving these messages on your computer, tablet, phone or mobile device.
We reserve the right to discontinue or disable any weather alert for any reason, including, but not limited to abuse or copyright infringement.
DISCLAIMER OF WARRANTIES.
YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TRAVELERS AND TWC EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
TRAVELERS AND TWC MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS OR BUGS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL, DATA OR INFORMATION, INCLUDING WEATHER-RELATED INFORMATION AND REPORTS, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALL WEATHER INFORMATION, FORECASTS AND DATA ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” TRAVELERS AND TWC SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION OR DATA TRANSMITTED VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, WEATHER-RELATED INFORMATION AND REPORTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAVELERS OR TWC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRAVELERS, TWC AND THEIR SUPPLIERS, LICENSORS AND AFFILIATED COMPANIES SHALL NOT BE LIABLE, UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO THESE TERMS AND CONDITIONS OR TO THE SERVICES OR CONTENT WITHIN THE SERVICES SHALL BE CANCELLATION OF THE SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES AGAINST EITHER TRAVELERS OR TWC OR ANY OF THEIR AFFILIATES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT YOU PAID TO TRAVELERS FOR THE SERVICES.
Third Party Beneficiary
With respect to the DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY clauses of these Terms and Conditions, TWC shall be a third party beneficiary of these terms.
How to Unsubscribe
To stop receiving Weather Alerts from Travelers, log-in to your MyTravelers account and select Weather Alerts in your profile section. Weather Alerts can be managed at the account level or by location. To stop receiving email and text alerts for a location, simply select the 'No Alerts' option. To stop receiving weather alerts for all locations on the account, click on the "Unsubscribe all alerts" option. You can also unsubscribe from any email weather alert by clicking the 'Unsubscribe' option in the email. SMS Weather Alerts can be unsubscribed by replying ‘STOP” to 310-89 or any SMS Weather Alert massage on your mobile device. Unsubscribing from a mobile device will only unsubscribe that particular device.
Please allow a reasonable amount of time for your elections to take effect.