THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WXWORX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WXWORX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AT ANY TIME WITHOUT NOTICE TO YOU. WXWORX MAY MAKE ANY OTHER CHANGE TO THE SITE, THE MATERIALS, THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE, AND ALL SUCH CHANGES SHALL BE EFFECTIVE WHEN MADE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
As a convenience to You, WxWorx may provide, on this Site, links to Web sites operated by other entities. If You use these links, You will leave the WxWorx Site. If You decide to visit any linked site, You do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. WxWorx makes no warranty or representation regarding, and does not endorse, any linked Web site or the information appearing thereon or any of the products or services described thereon. Links do not imply that WxWorx or this Site sponsors, endorses, or is affiliated or associated with the linked web site. Links also do not imply that WxWorx or this Site is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of WxWorx or any of its affiliates.
Information Provided By You
WxWorx’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only under the direct supervision of a parent or legal guardian, in which case the parent or legal guardian is the user, is responsible for any and all activities, and agrees to abide by this Agreement.
You agree to comply with all applicable laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, You must abide by all WxWorx policies.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify WxWorx of any unauthorized use of your password or any breach of security. You also agree that WxWorx cannot and will not be liable for any loss or damages arising from your failure to keep your password secure.
Where applicable, You must keep your account information up-to-date and accurate at all times, including a valid email address.
You may not transfer or sell your WxWorx account and User ID to another party.
Warranty of Authority
If You are registering as a business entity, You personally guarantee that you have the authority to bind the business entity to this Agreement.
Right to Refuse Service
WxWorx reserves the right to refuse service to anyone, for any reason, at any time. WxWorx reserves the right, in WxWorx’ sole discretion, to cancel any accounts, including unconfirmed or inactive accounts, at any time. WxWorx' services are not available to entities with temporarily or indefinitely suspended WxWorx’ accounts.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT WXWORX’ WARRANTY, GUARANTEE, OR LIMITATION OF LIABILITY WHICH CAN NOT BE LAWFULLY LIMITED OR EXCLUDED BY APPLICABLE LAW. ONLY THOSE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN THE APPLICABLE JURISDICTION APPLY TO YOU, AND WXWORX’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT LEGALLY PERMITTED IN KEEPING WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY AGREE YOUR USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK, AND THE SITE AND MATERIALS ARE PROVIDED “AS IS,” UNLESS AN EXPRESS WARRANTY IS OTHERWISE PROVIDED IN WRITING. WXWORX DOES NOT WARRANT THE SITE AND/OR MATERIALS: WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, OR SECURE; WILL BE FREE FROM ERROR; WILL PROVIDE ACCURATE INFORMATION; OR WILL BE FREE FROM MALICIOUS SOFTWARE.
Limitation of Damages
IN NO EVENT SHALL WXWORX OR ANY OF ITS AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION: ANY LOST PROFITS; BUSINESS INTERRUPTION; LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA; LOSS OF GOODWILL; LOSS OF REPUTATION; OR COST FOR PROCUREMENT OF SUBSTITUTES) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF WXWORX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL WXWORX, AND (AS APPLICABLE) WXWORX' AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, WXWORX' SUPPLIERS, OR WXWORX’ ADVERTISERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, WXWORX’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS.
WXWORX' LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF WXWORX' AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ADVERTISERS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO WXWORX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
Except as explicitly stated otherwise, any notices shall be given by postal mail to WxWorx; 4930 Research Drive, Huntsville, AL 35805 (in the case of WxWorx) or, in your case, to the email address You provide to WxWorx (either during the registration process or when You update your email address). Notice shall be deemed given 24 hours after email is sent. Alternatively, and at the sole discretion of WxWorx, WxWorx may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to WxWorx. In such case, notice shall be deemed given three days after the date of mailing.
WxWorx reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. You accept those changes if You continue to use the Site after any changes to this Agreement are posted. If You do not accept changes, You must discontinue use of the Site.
No amendment, change, or modification of this Agreement shall apply to a dispute of which WxWorx had actual notice of prior to or on the date of the amendment, change, or modification. Termination of this Agreement will not be effective as to disputes which arose prior to the date of termination of this Agreement.
WxWorx may terminate, change, update, suspend or discontinue any aspect of the WxWorx Site, including the availability of any features of the Site, at any time and at WxWorx’ sole discretion. WxWorx may also impose limits on certain features and services, or restrict your access to parts of the Site or to the entire Site without notice or liability. WxWorx may terminate the authorization, rights and license given to You above and, upon such termination, You shall immediately destroy all Materials downloaded from the Site in your possession.
International Users and Choice of Law
This Agreement constitutes the entire agreement between WxWorx and You with respect to your use of the Site.
Statute of Limitations
Any cause of action You may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
WxWorx may not exercise or enforce legal rights or remedies contained within this Agreement, and such failure to exercise or enforce legal rights or remedies shall not be a waiver of such legal rights or remedies, and such legal rights or remedies shall still be available to WxWorx.
You agree WxWorx may include advertisements on the Site and/or Materials. The subject and content of advertisements may change without notice to You, and the manner and mode of advertisement may change without notice to You. Those providing the advertisements are responsible for the goods and/or services advertised, and WxWorx does not endorse, recommend, or warrant anything contained within the advertisements.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of WxWorx’ service, and You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your listing, purchase, solicitation of offers to purchase, and sale of items using the Site.
Copyright and Trademark Information
"AutoTrak", "City Streets", “Mobile Threat Net”, “WxWorx”, “WxWorx on Water”, “WxWorx on Wings” and all other trademarks, unless otherwise noted, are owned or licensed by Baron Services. All other brand names, product names, or trademarks belong to their respective holders. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
We do not collect personally identifiable information or demographic information about you unless you choose to register online for one of our products, services, games, contests or promotions. You do not have to provide any personal information, but this may prevent you from utilizing our products, services, games, contests or promotions. When you register online for one of our products or services, you complete a registration form that requires you to provide personally identifiable information, including your name, address, email address and telephone number. If you register online for one of our paid products or services, such as the purchase of a WxWorx receiver or software, the registration form also requires you to provide additional personally identifiable information, including your credit card information. Our online registration forms may also request your date of birth, which you are not required to provide.
The online registration form may also request demographic information, which you are not required to provide, including: your gender, marital status, education and occupation; your household size and income; the number of drivers in your household; and the type of airplane, boat or other motor vehicle you operate. We may supplement the information you provide us by acquiring additional information from third parties.
When you register online for one of our games, contests or promotions, you complete an online registration form that requires you to provide your name and email address so that we can administer the game, contest or promotion and notify the winners.
We also collect anonymous information, which does not personally identify you, when you visit our website. The anonymous information includes the pages you view on our website, the search terms you enter into our search utility, your IP address and the operating system, browser software and internet service provider you use.
We may use the standard "cookie" feature of major browser applications and other data capture mechanisms that allow us to store data about your visit. Cookies help us learn which areas of our site are useful and which areas need improvement. We do not collect any personally identifiable information about you except as voluntarily provided by you on an online registration form. You may configure your browser to prevent cookies from being set on your computer. If you do so, you may still view most of the website, although you may not be able to enjoy all of our services.
For online purchases, WxWorx uses Payment Service Providers, such as authorize.net and PayPal, for secure ordering. All employ extensive security measures and data encryption to ensure customer privacy. In these instances, WxWorx retains the name and shipping address associated with each account. WxWorx does not have access to a user’s credit card account information. Online ordering is the preferred method of transaction.
For credit card, debit card and cash orders taken over the phone by WxWorx, personal financial information is destroyed after the order has been placed. Names and shipping addresses associated with the account are stored. WxWorx does store credit card information used during dealer orders to provide convenience for our dealer network.
Use of Collected Information
We use the personally identifiable information you provide us to register your purchase, deliver the product or service you have requested, and contact you if we need more information. We use your credit card information only to charge you for any paid products or services you have authorized. We will not supply your credit card information to any third party except the credit card company or associated billing company. Credit card information provided to Payment Service Providers is protected by the privacy policies of the Payment Service Provider. We may share demographic information which is not personally identifiable on an aggregate basis with advertisers, business partners and other companies.
Unless you choose to opt out, we may also use personally identifiable information and demographic information to identify products or services that might be of interest to you and to provide you with information by email, postal mail or telephone about products or services offered by our company, our business partners or other companies. Unless you choose to opt out, we may supply personally identifiable information and demographic information to our business partners and other companies, which may use it to provide you with information about their products or services by email, postal mail or telephone. You may opt out by unchecking a box on the online registration form.
We use the anonymous information we collect from our website to administer our site, improve our services, determine how our website is being used, identify popular areas of our website and analyze trends and usage patterns. We may use your IP address to help diagnose problems with our server. This anonymous information cannot be used to identify you personally.
Our website may offer interactive services, such as chat rooms, forums and message boards. Please remember that any information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose personally identifiable information in these areas.
Our website may contain links to other websites. We are not responsible for the content or privacy practices of those websites, including the use of personally identifiable information about you collected by those websites.
You must be at least eighteen years old to register online for our services, games, contests and promotions. If you are a minor (under the age of eighteen), please do not submit any personally identifiable information to us.
Our website is highly secure, with extra security in place to protect personally identifiable information. We use a varied combination of security measures to safeguard the confidentiality of the personally identifiable information you provide us when you register online.
WxWorx Sales and Refund Policy
Hours of Operation
For information on products, pricing or order status, the WxWorx team is available to assist you 5 days a week (except holidays) from 8:00 a.m. to 5:00 p.m. Eastern time, at 321-751-9202.
U.S. and International Sales
The WxWorx Online Store accepts orders from billing addresses within the United States and most United States territories, as well as Canada, the European Union and some Caribbean islands.
Sales Return Policy
The WxWorx return policy allows for products purchased directly from WxWorx, excluding downloadable software products, to be returned by you after obtaining a WxWorx Return Material Authorization number (RMA) during the 30 day period following date of shipment by WxWorx for a refund of purchase price actually paid. The RMA number may be obtained from WxWorx Technical Support (256-319-9679), and must be noted on the outside of the returned product’s container. Products must be returned in the original packaging. Shipping and handling is not refundable. Damage and missing part restocking fees may apply. RMAs are valid for only 30 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to product while in transit to WxWorx. If you return Product to WxWorx (i) without a RMA from WxWorx or (ii) beyond the 30-day period or (iii) without proper packaging, WxWorx retains the right to either refuse delivery of such return or charge you a restocking fee.
Electronic Software Downloads
If you have a WxWorx Store account, you can select downloadable software products for purchase at the WxWorx Store. At the time of checkout, WxWorx will obtain an authorization from the credit card you have provided the WxWorx Store.
Software download purchases are non-refundable. A purchase is final once the transaction has been completed. WxWorx will charge sales tax for downloaded software purchases if applicable law in the jurisdiction where you reside requires WxWorx to do so.
Proof of Purchase
WxWorx will send you a confirmation of your order via email if you have included an email address with your order. Additionally, your order will ship with a packing list included.
The WxWorx Online Store accepts American Express, Discover, MasterCard, and Visa credit cards associated with a billing address within the United States, most United States territories, Canada, the European Union and some Caribbean islands. WxWorx also accepts VISA, MasterCard, American Express, and Discover debit cards that function like a credit card from these territories. When you provide WxWorx with your card information, WxWorx will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. WxWorx will charge your card at the time the order is placed.
The WxWorx Store requires the credit, debit, or check card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if VISA, MasterCard or Discover).
Payment Service Providers
With the PayPal option, you can make purchases from WxWorx using debit cards, credit cards and bank account payments, all through the PayPal payment system.
WxWorx offers monthly subscriptions to data for the Internet-based WxWorx OnLine product. Subscribers can opt to pay for their data either on a monthly basis, or via monthly auto-renewal. WxWorx customers may cancel Internet-delivered data subscriptions for WxWorx OnLine once they log into their store account.
In addition to the price of your purchases, WxWorx will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is billed. If you phone in your order, the WxWorx Store sales representative will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the address to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply. The proof of purchase that WxWorx mails to you will include any applicable sales tax.
WxWorx offers several convenient shipping options.
- UPS Ground (up to 6 days shipping time)
- UPS 3-Day Select
- UPS 2nd Day Air
- UPS Next Day Air
Remember that these estimates are for time in transit only, and that they do not apply until the product leaves WxWorx’ facilities. As the delivery of your order is beyond WxWorx’ control once your order leaves WxWorx’ facilities, WxWorx cannot assume liability for late deliveries, regardless of the delivery method you specify.
Occasionally packages are returned to WxWorx as undeliverable. When the carrier returns an undeliverable package to WxWorx, please contact WxWorx to make arrangements for reshipment.
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. WxWorx does not begin payment processing until WxWorx receives all of the credit card information that it needs, including authorization for full payment. WxWorx will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding federal holidays.
The WxWorx Store endeavors to offer you competitive prices on current WxWorx and third-party products. Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges. WxWorx reserves the right to change prices for products displayed at the WxWorx Store at any time and to correct pricing errors that appear on the Store.
WxWorx Store Software Licenses
Your use of WxWorx-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. Be certain to read and understand the applicable license before you install the software.
WxWorx Receiver Hardware Warranty
(a) WxWorx, Inc. warrants that any WxWorx hardware products purchased by you from WxWorx, Inc. (the “Hardware”) will be free of defects in manufacturing workmanship for a period of one year from date of shipment. If WxWorx, Inc. delivers defective Hardware in breach of its warranty, your sole remedy and WxWorx, Inc.'s sole obligation shall be to repair or replace (at WxWorx, Inc.'s option) the defective Hardware (subject to paragraph (d) below). The warranty period for Hardware that has been returned and repaired shall be the balance of the original warranty period or ninety (90) days from the date that Customer receives the repaired or replacement Hardware back from WxWorx, Inc., whichever is greater.
(b) This warranty is void with respect to any Hardware that has been subjected to abuse, misuse, accident, alteration, neglect or operation outside the parameters or environment identified in WxWorx, Inc. Product Specifications, or unauthorized repair or alterations by anyone other than WxWorx, Inc. or its designees.
(c) Customer shall contact WxWorx, Inc. for a Return Material Authorization ("RMA") number prior to returning any Hardware for repair. WxWorx, Inc. will provide the RMA within 5 business days (2 days for priority requests) of receipt. Customer will directly forward the defective Hardware to WxWorx, Inc., freight prepaid. Subject to its rights under paragraph (d), WxWorx, Inc. will return the repaired or replaced Hardware, freight prepaid, to Customer as quickly as practical, but no later than thirty (30) days from the date WxWorx, Inc. received the defective Hardware.
(d) If WxWorx, Inc. determines the warranted Hardware is unrepairable or WxWorx, Inc. no longer possesses tools and equipment necessary to perform the repairs, WxWorx, Inc. shall have the option to refund 100% of the original purchase price in lieu of repair or replacement.
(e) THE FOREGOING WARRANTY PROVISIONS ARE WXWORX, INC.'S SOLE WARRANTY AND ARE CUSTOMER'S EXCLUSIVE REMEDIES FOR CLAIMS BASED UPON DEFECTS IN ANY HARDWARE. WXWORX, INC. HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO HARDWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER NON-WXWORX PRODUCTS SOLD THROUGH THE WXWORX WEBSITE ARE SUBJECT TO THE WARRANTIES OF THEIR RESPECTIVE MANUFACTURER.
Baron Services Mobile Link Hardware Warranty
(a) Baron Services, Inc. warrants that any Mobile Link hardware products purchased by you from Baron Services, Inc. (the “Hardware”) will be free of defects in manufacturing workmanship for a period of 90 days from date of shipment. If Baron Services, Inc. delivers defective Hardware in breach of its warranty, your sole remedy and Baron Services, Inc.'s sole obligation shall be to repair or replace (at Baron Services, Inc.'s option) the defective Hardware (subject to paragraph (d) below). The warranty period for Hardware that has been returned and repaired shall be the balance of the original warranty period or ninety (90) days from the date that Customer receives the repaired or replacement Hardware back from Baron Services, Inc., whichever is greater.
(b) This warranty is void with respect to any Hardware that has been subjected to abuse, misuse, accident, alteration, neglect or operation outside the parameters or environment identified in Baron Services, Inc. Product Specifications, or unauthorized repair or alterations by anyone other than Baron Services, Inc. or its designees.
(c) Customer shall contact Baron Services, Inc. for a Return Material Authorization ("RMA") number prior to returning any Hardware for repair. Baron Services, Inc. will provide the RMA within 5 business days (2 days for priority requests) of receipt. Customer will directly forward the defective Hardware to Baron Services, Inc., freight prepaid. Subject to its rights under paragraph (d), Baron Services, Inc. will return the repaired or replaced Hardware, freight prepaid, to Customer as quickly as practical, but no later than thirty (30) days from the date Baron Services, Inc. received the defective Hardware.
(d) If Baron Services, Inc. determines the warranted Hardware is unrepairable or Baron Services, Inc. no longer possesses tools and equipment necessary to perform the repairs, Baron Services, Inc. shall have the option to refund 100% of the original purchase price in lieu of repair or replacement.
(e) THE FOREGOING WARRANTY PROVISIONS ARE BARON SERVICES, INC.'S SOLE WARRANTY AND ARE CUSTOMER'S EXCLUSIVE REMEDIES FOR CLAIMS BASED UPON DEFECTS IN ANY HARDWARE. BARON SERVICES, INC. HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO HARDWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.