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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern avweather.net’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to avweather.net and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and avweather.net’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that avweather.net is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), avweather.net’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of avweather.net.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

You are subscribing for access to AV Weather, your subscription will continue and payments will be debited from your nominated card until such time as you cancel your subscription. You can do this on your membership page, which is in the menu under the menu tab "My home Page." Please ensure you understand this upon signing up for your subscription.

Please note, all subscriptions renew until the subscriber cancels their subscription. Please be aware of your subscription and when it renews. It is the responsibility of the subscriber, not AV Weather, to ensure all measures are taken in regards to membership renewals. Once the payment is in the system it cannot be refunded, all payments are final. In the case of a refund, it will be minus the Stripe merchant fee, and a $20 administration handling fee. AV Weather will make every attempt on regular intervals to ensure you are aware of these conditions.

LINKS TO OTHER WEBSITES

avweather.net may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between avweather.net and the owners of those websites. avweather.net takes no responsibility for any of the content found on the linked websites.

avweather.net’s website may contain information or advertisements provided by third parties for which avweather.net accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, avweather.net absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. avweather.net gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of avweather.net to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At avweather.net, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. avweather.net respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. avweather.net’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data avweather.net collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

avweather.net does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

avweather.net may be required, in certain circumstances, to disclose information in good faith and where avweather.net is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of avweather.net. avweather.net expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then avweather.net will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. avweather.net reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. The following copyright notice list penalties that apply to misuse or unauthorised use of AV Weather :

Common Law Copyright Notice AV-150292-CN2 Copyright Notice: All rights reserved re common-law copyright of trade-name/trade-mark, ™AV WEATHER, as well as any and all derivatives and variations in the spelling of said trade-name/trade-mark - Common Law Copyright © 2020-3000 by ™Anthony Violi©. Said common-law trade-name/trade-mark, ™AV WEATHER, may neither be used, nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior, express, written consent and acknowledgment of ™Anthony Violi© as signified by the red-ink signature of ™AV WEATHER©, hereinafter “Secured Party.” With the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, consents and agrees by this Copyright Notice that neither said juristic person, nor the agent of said juristic person, shall display, nor otherwise use in any manner, the common-law trade-name/trade-mark ™AV WEATHER, nor the common-law copyright described herein, nor any derivative of, nor any variation in the spelling of, ™AV WEATHER without the prior, express, written consent and acknowledgment of Secured Party, as signified by Secured Party’s signature in red ink. Secured Party neither grants, nor implies, nor otherwise gives consent for any unauthorized use of ™AV WEATHER, and all such unauthorized use is strictly prohibited. Secured Party is not now, nor has ever been, an accommodation party, nor a surety, for the purported debtor, i.e. “™AV WEATHER,” nor for any derivative of, nor for any variation in the spelling of, said name, nor for any other juristic person, and is so-indemnified and held harmless by Debtor, i.e. “™AV WEATHER,” in Hold Harmless and Indemnity Agreement AV-150292-HHIA dated the first day of November, in the year of our Lord two thousand thirteen, against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed upon, and incurred by Debtor for any and every reason, purpose and/or cause whatsoever. Take note also that Common Law Copyright is claimed by Secured Party over, including, but not restricted or limited to, all means of personal identification of Debtor defined as; all fingerprints, footprints, palm prints, thumbprints, hand-prints, toe-prints, RNA materials, DNA materials, blood and blood fractions, biopsies, surgically removed tissue, body parts, organs, hair, teeth, nails, semen, urine, faeces, excrement, other body fluids and matter of any kind, and breath samples, voice-print, retinal image, and the description thereof, and all other corporeal identification factors, and said factors physical counterparts, any and all body tissues of any kind, in any form, and all records and record numbers, including the results, recorded or otherwise, of all and any tests performed on any material relating to Debtor, and information pertaining thereto, and any visual image, photographic or electronic, notwithstanding any and all claims to the contrary. In addition, Creditor retains absolute control and mastery over the property of his body, mind and mental faculties to the extent that no medications, foods or otherwise may be administered to him without his express consent in written form, using red ink, and freely given in full formal consent. Self-executing Contract/Security Agreement in Event of Unauthorized Use: By this Copyright Notice, both the juristic person and the agent of said juristic person, hereinafter jointly and severally “User,” consent and agree that any use of ™AV WEATHER other than Authorized use as set forth above constitutes unauthorized use, counterfeiting, of Secured Party’s common-law copyrighted property, contractually binds User, and renders this Copyright Notice a Security Agreement wherein User is Debtor and ™Anthony Violi© is Secured Party, and signifies that User:

• grants Secured Party a security interest in all User’s assets, land, and personal property, and all of User’s interest in assets, land, and personal property, in the sum certain amount of $1,000,000,000.00 (one billion) Australian dollars per each occurrence of use of the common-lawcopyrighted trade-name/trade-mark ™AV WEATHER, as well as for each and every occurrence of use of any and all derivatives of, and variations in the spelling of, ™AV WEATHER, plus costs, plus triple damages;
• authenticates this Security Agreement wherein User is Debtor and ™Anthony Violi© is Secured Party, and wherein User pledges all of User’s assets, land, consumer goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles and all User’s interest in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing User’s contractual obligation in favour of Secured Party for User’s unauthorized use of Secured Party’s common-law-copyrighted property;
• consents and agrees with Secured Party’s filing of a UCC Financing Statement in the UCC filing office, as well as in any county recorder’s office, wherein User is debtor and ™Anthony Violi© is Secured Party;
• consents and agrees that said UCC Financing Statement described above in paragraph “(3)” is a continuing financing statement, and further consents and agrees with Secured Party’s filing of any continuation statement necessary for maintaining Secured Party’s perfected security interest in all of User’s property and interest in property, pledged as collateral in this Security Agreement and described above in paragraph “(2),” until User’s contractual obligation theretofore incurred has been fully satisfied
• consents and agrees with Secured Party’s filing of any UCC Financing Statement, as described above in paragraph’s “(3)” and “(4),” as well as the filing of any Security Agreement, as described above in paragraph “(2),” in the UCC filing office, as well as in any county recorder’s office;
• consents and agrees that any and all such filings described in paragraphs “(4)” and “(5)” above are not, and may not be considered, bogus, and that User will not claim that any such filing is bogus;
• waives all defences; and
• appoints Secured Party as Authorized Representative for User, effective upon User’s default re User’s contractual obligations in favour of Secured Party as set forth below under “Payment Terms” and “Default Terms,” granting Secured Party full authorization and power for engaging in any and all actions on behalf of User including, but not limited by, authentication of a record on behalf of User, as Secured Party, in Secured Party’s sole discretion, deems appropriate, and User further consents and agrees that this appointment of Secured Party as Authorized Representative for User, effective upon User’s default, is irrevocable and coupled with a security interest.

User further consents and agrees with all of the following additional terms of Selfexecuting Contract/Security Agreement in Event of Unauthorized Use: Payment Terms: In accordance with fees for unauthorized use of ™AV WEATHER as set forth above, User hereby consents and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of date invoice is sent Secured Party’s invoice, hereinafter “Invoice,” itemizing said fees. Default Terms: In event of non-payment in full of all unauthorized-use fees by User within ten (10) days of date Invoice is sent, User shall be deemed in default and: (a) all of User’s property and property pledged as collateral by User, as set forth above in paragraph “(2),” immediately becomes, i.e. is, property of Secured Party; (b) Secured Party is appointed User’s Authorized Representative as set forth above in “(8)”; and (c) User consents and agrees that Secured Party may take possession of, as well as otherwise dispose of in any manner that Secured Party, in Secured Party’s sole discretion, deems appropriate, including, but not limited by, sale at auction, at any time following User’s default, and without further notice, any and all of User’s property and interest, described above in paragraph “(2),” formerly pledged as collateral by User, now property of Secured Party, in respect of this “Self-executing Contract/Security Agreement in Event of Unauthorized Use,” that Secured Party, again in Secured Party’s sole discretion, deems appropriate. Terms for Curing Default: Upon event of default, as set forth above under “Default Terms,” irrespective of any and all of User’s former property and interest in property, described above in paragraph “(2),” in the possession of, as well as disposed of by, Secured Party, as Authorized above under “Default Terms,” User may cure User’s default only re the remainder of User’s said former property and interest property, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, Secured Party within twenty (20) days of date of User’s default only by payment in full. Terms of Strict Foreclosure: User’s non-payment in full of all unauthorized-use fees itemised in invoice within said twenty (20) day period for curing defaults as set forth under “Terms for Curing Default” authorises Secured Party’s immediate non-judicial strict foreclosure on any and all remaining former property and interest in property, formerly pledged as collateral by User, now property of Secured Party, which is not in the possession of, nor otherwise disposed of by, Secured Party, upon expiration of said twenty (20) day default-curing period. Ownership subject to common-law copyright and UCC Financing Statement and Security Agreement filed with the UCC filing office. Record owner: ™Anthony Violi©, Autograph Common Law Copyright© 2020-3000. Unauthorized use of “™Anthony Violi©” incurs same unauthorized-use fees as those associated with ™AV WEATHER as set forth above in paragraph “(1)” under “Self-executing Contract/Security Agreement in Event of Unauthorized Use.” This Copyright Notice includes the following business, and also known as names associated with or owned by ™ANTHONY VIOLI© to include but not limited to the following: AV WEATHER; AV WEATHER Pty Ltd; AV WEATHER PTY LTD; etc   By: ™Anthony Violi© Authorized Representative

avweather.net expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and avweather.net concerning your use and access to avweather.net’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

JURISDICTION

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and avweather.net that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

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