Please read this Agreement carefully. It governs your use of the Charity Weather Widget Carousel and related services. By clicking "I agree" below, you are entering a binding legal agreement.
Last Updated: 4/23/2026
This Widget Carousel Publisher Agreement (the “Agreement”) is entered into by and between Lions Light Corporation, acting through its Charity Weather division (“Lions Light,” “Charity Weather,” “we,” “us,” or “our”), and the person or entity accepting this Agreement (“Publisher,” “you,” or “your”).
By clicking to accept this Agreement, creating an account, accessing or using any Services, or installing or allowing any Services to be used on any website, domain, subdomain, platform, application, or property, you agree to this Agreement on behalf of yourself and, if applicable, the company, publisher, newspaper, website owner, or other entity you represent. This Agreement becomes effective as to Publisher at the time of such acceptance or use.
You represent and warrant that:
If you do not agree to this Agreement, you may not use the Services.
This Agreement is in addition to, and not in place of, the Website Terms of Use, Privacy Policy, and other policies, instructions, documentation, account materials, support communications, partner requirements, or notices posted on or provided through CharityWeather.com, including through the Publisher account or dashboard. To the extent there is a conflict between this Agreement and the general Website Terms of Use solely as to the Services governed by this Agreement, this Agreement controls.
“Services” means the Charity Weather Widget Carousel and all related current and future widgets, modules, scripts, code, APIs, feeds, dashboards, accounts, pages, domains, subdomains, subdomain-related features, monetization features, advertising technology, analytics, tools, programs, offerings, integrations, configurations, technologies, content-sharing tools, story-sharing tools, press-release tools, AI-related products, music-related products, and related products or services made available by or through Charity Weather or through the Publisher account.
“Protected Parties” means Lions Light, Charity Weather, and their current and future affiliates, divisions, successors, assigns, officers, directors, employees, contractors, agents, licensors, partners, vendors, service providers, hosting providers, technology providers, widget partners, code providers, API providers, feed providers, content providers, monetization partners, analytics providers, payout providers, and any participating publisher, publication, website owner, operator, print edition, online edition, or other authorized distribution recipient of content or Services through or in connection with the Services.
“Confidential Information” means any non-public information regarding Lions Light, Charity Weather, the Services, our business, partners, pricing, revenue reporting, technology, roadmap, strategies, operations, documentation, dashboards, account materials, or other non-public materials made available to Publisher by or through the Services or otherwise in connection with this Agreement.
The Services may include third-party widgets, third-party code, third-party APIs, third-party feeds, and other third-party technologies incorporated into, bundled with, embedded in, or made available through the Services.
We may offer free versions, paid subscription versions, custom versions, monetized versions, non-monetized versions, or combinations thereof.
Certain features may be enabled by default unless we indicate otherwise in the account, plan terms, documentation, support instructions, or elsewhere. Other features, including certain subdomain-related features, may require Publisher cooperation, opt-in, configuration changes, or additional steps. In certain cases, including certain paid plans, Publisher may be permitted to disable or adjust certain features, monetization elements, or configurations, but only to the extent we allow.
We may update, modify, enhance, suspend, limit, replace, reconfigure, monetize, de-monetize, remove, discontinue, or add to the Services, any partner, provider, feed, monetization source, subscription plan, billing practice, pricing, revenue-sharing percentage, feature, or aspect of the Services at any time, in our sole discretion. Subscription pricing may be increased by us for future billing periods or renewals without Publisher’s approval, provided that any such increases will be commercially reasonable.
Publisher may use the Services only on domains, subdomains, websites, platforms, applications, or other properties approved by us (each, an “Approved Property”).
We may restrict the number of Approved Properties based on account type, subscription tier, feature set, technical limitations, business rules, partner requirements, or other criteria in our sole discretion. A free or paid account may be limited to one Approved Property or to a certain number of Approved Properties.
Publisher may not use the Services, or any script, code, widget, API, data, feed, module, or related functionality we own, control, license, or provide, on any property not approved by us.
We may approve, deny, limit, revoke, or change Approved Properties at any time, in our sole discretion, including if we determine or suspect that a property, publisher, owner, operator, affiliate, or related party presents legal risk, contractual risk, partner risk, reputational risk, or content, conduct, or practices we consider objectionable, risky, or inconsistent with our standards or partner requirements.
Subject to this Agreement, we grant Publisher a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Services solely on Approved Properties and solely in accordance with this Agreement, our documentation, and our instructions. No ownership rights are transferred.
We and our licensors own and retain all right, title, and interest in and to the Services and all related intellectual property, including all widgets, modules, scripts, code, APIs, data structures, compilations, formats, documentation, dashboards, configurations, technology, improvements, enhancements, modifications, derivative works, and related materials, whether developed by us, our licensors, or in connection with Publisher’s use of the Services.
If Publisher provides any suggestions, ideas, enhancement requests, feedback, comments, or other input relating to the Services (“Feedback”), Publisher hereby irrevocably assigns to us all right, title, and interest in and to such Feedback and any improvements, enhancements, modifications, or derivative works arising from or incorporating such Feedback. To the extent any such rights cannot be assigned by operation of law, Publisher grants us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, exploit, and commercialize such rights for any purpose. Feedback is not confidential to Publisher, and we have no obligation of attribution, compensation, or confidentiality with respect to Feedback.
Multiple Approved Properties; Per-Property Plans. A single Publisher account may include one or more Approved Properties, with each Approved Property generating its own widget script, implementation, or service instance tied solely to that specific property. Each script is licensed only for the Approved Property for which it was issued and may not be used on any other property. Each Approved Property may independently be on a free version, paid version, monetized version, or other version of the Services, as selected in the Publisher account, assigned by us, or otherwise determined by us under the Services. All terms of this Agreement apply separately to each Approved Property and to the account as a whole. Action taken with respect to one Approved Property, including suspension, termination, monetization changes, plan changes, or revocation, does not necessarily affect other Approved Properties under the same account, and we may take such action on a per-property basis in our sole discretion. Publisher's acceptance of this Agreement covers the Publisher account as a whole and applies to all Approved Properties, scripts, service instances, and features added under that account from time to time, without any requirement of separate acceptance for each addition.
Publisher shall not:
Publisher is solely responsible for:
We may rely on instructions submitted through the authenticated Publisher account using the security measures we require from time to time, which may include two-factor or multi-factor authentication, as well as instructions submitted by persons controlling the Approved Property or otherwise acting through the account or related credentials.
Publisher is solely responsible for maintaining accurate and authorized payee information, payout destinations, tax information, account information, and account security settings.
We shall not be liable for payments sent, withheld, delayed, denied, offset, credited, or applied in accordance with the information, account instructions, payout instructions, or payee information on file, even if Publisher later claims that an employee, contractor, or other person should not have submitted, changed, or controlled such information.
Lions Light and Charity Weather are not responsible for Publisher’s failure to obtain legally required consents, provide legally required notices, comply with ads.txt, DNS-related requirements, privacy or cookie laws, tax requirements, or other laws applicable to Publisher’s own properties or operations.
The Services may display, include, rely on, distribute, embed, or otherwise make available content, headlines, text, images, audio, video, songs, music, music videos, stories, press releases, metadata, links, advertisements, widgets, modules, tools, code, APIs, feeds, services, or technology provided by third parties, including Partners.
Such materials may be transmitted or displayed automatically through feeds, scripts, APIs, partner systems, incorporated widgets, incorporated code, AI-related systems, search-related systems, subdomain-related systems, or similar mechanisms. We do not create, review, control, monitor, verify, or assume responsibility for all such third-party materials.
Certain Services may involve content, pages, feeds, widgets, or other materials being displayed on, through, or in connection with a subdomain of Publisher’s domain or a technically related host or property. Such features may require Publisher cooperation, DNS changes, configuration changes, technical access, linking, hosting cooperation, or other implementation steps. Publisher is not required to enable such features, but Publisher understands that not enabling them may reduce or negatively affect available functionality, integrations, monetization, or revenue potential.
If Publisher enables, requests, approves, permits, or continues using any such third-party, incorporated, partner-provided, or subdomain-related feature, then all protections, disclaimers, limitations of liability, indemnities, compliance obligations, monetization rights, and other provisions of this Agreement apply fully to those features and to all related pages, subdomains, content, materials, modules, scripts, code, APIs, hosting arrangements, and technologies, whether hosted or facilitated by us or by Partners.
Publisher acknowledges and agrees that the Protected Parties are not responsible or liable to Publisher or any third party for claims arising from or related to third-party or partner-supplied materials, including claims relating to copyright, trademark, defamation, privacy, publicity rights, legality, accuracy, completeness, suitability, or infringement. Any dispute relating to partner-supplied materials is between the complaining party and the applicable third party and does not create liability for the Protected Parties.
If Publisher submits, uploads, transmits, syndicates, feeds, or otherwise makes available through the Services any story, article, headline, text, photo, image, illustration, graphic, caption, video, audio, song, music track, music video, metadata, link, or other material (collectively, “Publisher Content”), whether directly or through any account, feed, API, upload tool, email workflow, dashboard, partner workflow, or other method, Publisher represents, warrants, and covenants that:
Publisher grants the Protected Parties a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to host, store, reproduce, display, perform, distribute, publish, republish, syndicate, transmit, adapt, format, crop, excerpt, combine with other materials, and otherwise exploit Publisher Content through the Services and related current or future products, sites, domains, subdomains, feeds, APIs, dashboards, print editions, online editions, and distribution channels.
To the extent permitted by applicable law, Publisher waives, and shall cause its contributors to waive, any moral rights, rights of attribution, rights of integrity, and similar rights in Publisher Content that would conflict with the rights granted under this Agreement.
Publisher is solely responsible for all Publisher Content. Publisher shall defend, indemnify, reimburse, and hold harmless the Protected Parties from and against any and all claims, takedown demands, settlement demands, license demands, fine letters, penalties, judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to any Publisher Content, including claims asserted by copyright claim services, rights-enforcement services, rights holders, licensors, or other claimants relating to text, photos, images, illustrations, graphics, video, audio, music, music videos, metadata, or other submitted materials. Publisher shall be solely responsible for paying and satisfying all such amounts and resolving all such claims. We strongly recommend that Publisher maintain appropriate media liability, copyright infringement, and errors-and-omissions insurance.
If Publisher uses a free version of the Services, or if we otherwise elect to do so, we may enable monetization on or through the Services in our sole discretion. Paid plans may reduce, alter, or disable certain monetization features, but we may still retain or enable monetization, advertising, sponsored content, partner integrations, or other revenue-generating elements where we determine doing so is necessary, advisable, required, or appropriate for business, technical, legal, operational, contractual, or partner-related reasons. Monetization status, revenue-share eligibility, and plan type may be determined independently for each Approved Property within a Publisher account.
Monetization may include advertisements, sponsored content, native content, recommendation widgets, affiliate content, press-release monetization, AI-related products, AI-related monetization, content-sharing programs, story-sharing programs, paid-publication placement programs, Lions Light or Charity Weather networks, and current or future opportunities from Partners, including but not limited to RevContent, Taboola, Connatix, PR Connect, Taboola Deeper Dive, and their respective successors.
Not all revenue-generating elements, placements, opportunities, advertisements, or integrations made available through the Services are necessarily subject to revenue sharing with Publisher. Some may belong exclusively to us or may otherwise be excluded from revenue sharing in our sole discretion. In general, revenue-sharing items or opportunities, if any, may be identified in the Publisher account or related account materials.
Our current standard revenue-sharing split is 50% to Publisher and 50% to us, unless we expressly agree otherwise in writing or under a then-current plan, program, or offer. We may change subscription prices, plan terms, offerings, billing terms, and revenue-sharing percentages at any time in our sole discretion for future billing periods, future periods, renewals, plans, or arrangements.
If Publisher upgrades to a paid subscription and that subscription expires, lapses, is canceled, is suspended, is terminated, or if payment fails or is reversed, we may immediately revert Publisher to a free version, a monetized version, a reduced-feature version, or another version of the Services in our sole discretion.
We may determine in our sole discretion:
Our internal records, dashboards, reporting systems, accounting systems, payout systems, and partner/provider data control in determining revenue, deductions, fees, credits, debits, offsets, and amounts payable. If our internal reporting is incomplete, delayed, unavailable, or requires reconciliation, we may rely on data from any partner, provider, network, payout provider, ad platform, monetization partner, AI-related partner, search-related partner, or other source we deem appropriate. Our determinations regarding calculations and payable amounts are final and binding absent clear and material error determined by us.
We currently generally issue revenue-share payments on a quarterly basis, but we may issue payments monthly, quarterly, or on another schedule in our sole discretion.
Publisher acknowledges that revenue, if any, may take time to develop and may require time to ramp up. We make no representation, warranty, or promise regarding any particular level of revenue, payout, traffic, performance, or earnings. Revenue may be zero.
We may withhold, delay, suspend, deny, credit, debit, deduct, or offset any payment or amount for any reason, including verification, compliance, tax, technical, partner, fraud, policy, chargeback, reversal, legal, operational, or business reasons.
We may deduct from amounts otherwise payable to Publisher any transfer fees, payout fees, platform fees, banking fees, processing fees, wire fees, mailing fees, standard payment-system charges, chargebacks, refunds, reversals, taxes we are required to withhold, subscription charges, and similar fees, costs, credits, debits, or amounts.
We may offset against amounts otherwise payable to Publisher any amounts Publisher owes to us, including subscription charges, failed payments, chargebacks, damages, fees, or other obligations.
No payment is required unless the accrued amount otherwise payable to Publisher equals or exceeds $20.00. If Publisher terminates or stops using the Services before reaching that threshold, any balance below $20.00 is forfeited.
If payment cannot be made due to missing, incomplete, inaccurate, rejected, unverified, outdated, or noncompliant payment details, tax details, account details, legal information, or payout-onboarding requirements, then amounts older than one year that remain unpaid may be forfeited. Any unpaid amount that could not be paid because Publisher failed to complete payout onboarding, maintain accurate payout details, maintain valid recipient information, or otherwise satisfy payout requirements may be forfeited after one year.
Consolidated Billing. Subscription charges may be assessed on a per-Approved-Property, per-script, per-feature, per-service-instance, or similar basis, as determined by us. Where a Publisher account includes multiple Approved Properties or paid Services, Publisher authorizes us to charge the payment method on file for all applicable charges in a single consolidated transaction per billing period rather than as separate transactions per Approved Property. If payment fails or is reversed, we may suspend, revert to a free version, or otherwise modify any or all affected Approved Properties or Services associated with that account in our sole discretion.
We may require Publisher to complete onboarding with a third-party payout provider or payment processor, including Tipalti or its respective successors, or any replacement provider we choose. Publisher must timely provide all information, documentation, tax forms, certifications, and account information required by us or the payout provider, including U.S. or non-U.S. tax forms, withholding forms, W-9 forms, W-8 forms, business information, bank information, mailing information, and identity-verification materials. We may withhold payments unless and until Publisher fully satisfies those requirements.
Publisher is solely responsible for its own taxes, filings, tax classifications, tax reporting, and legal compliance.
Publisher shall comply with:
Such policies and requirements may be added, removed, or changed at any time in our sole discretion.
We may provide recommendations, instructions, or requirements relating to ads.txt, DNS, monetization setup, placements, subdomains, technical integrations, press-release monetization, or other revenue-enhancing or compliance-related matters. Failure to follow required instructions may result in reduced monetization, withholding, suspension, or termination.
Upon reasonable notice, we may verify Publisher’s use of the Services and implementation on Approved Properties to confirm compliance with this Agreement, including by reviewing Publisher’s properties, implementations, and relevant records. Any such verification will be conducted during normal business hours and in a manner that does not unreasonably interfere with Publisher’s operations. Publisher shall provide reasonable cooperation.
Publisher represents and warrants that neither Publisher, nor its owners, officers, or authorized users, is located in, resident in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, or listed on any U.S. government prohibited or restricted party list, including the OFAC Specially Designated Nationals and Blocked Persons List, to the extent applicable.
We may suspend, disable, limit, remove, block, terminate, or refuse the Services, any account, any widget, any module, any Approved Property, any subdomain-related feature, or any monetization feature at any time, in our sole discretion.
Without limiting the foregoing, we may do so for legal risk, policy concerns, partner complaints, content concerns, payment issues, fraud concerns, low-quality traffic, reputational concerns, technical concerns, compliance concerns, business concerns, deceptive or misleading practices, unlawful conduct, inappropriate properties, contractual conflicts, risk of violating any agreement or partner requirement, or content, conduct, or practices we consider objectionable, risky, or inconsistent with our standards or partner requirements.
Publisher may stop using the Services at any time by removing them from its properties and discontinuing use.
Upon any suspension or termination, Publisher shall immediately cease all use of the Services, remove all Services, scripts, widgets, embeds, and related code from all properties, delete or destroy any Confidential Information in its possession or control (except to the extent retention is required by law), and, upon our request, provide written certification of such deletion or destruction. Publisher shall also cooperate with any reasonable deactivation, disablement, or removal steps we require. We may remotely disable or deactivate the Services at our option.
Termination or suspension does not relieve Publisher of obligations incurred before termination or suspension. Accrued but unpaid amounts remain subject to the payout, deduction, offset, withholding, threshold, and forfeiture provisions of this Agreement.
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, AVAILABILITY, PERFORMANCE, AND QUIET ENJOYMENT.
WITHOUT LIMITING THE FOREGOING, THE PROTECTED PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE, PROFITABLE, COMPATIBLE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, FEED, IMAGE, VIDEO, SONG, MUSIC, MUSIC VIDEO, HEADLINE, STORY, ADVERTISEMENT, LINK, OR OTHER MATERIAL WILL BE ACCURATE, LAWFUL, COMPLETE, CURRENT, OR NON-INFRINGING.
We do not guarantee that any feature, module, partner, feed, ad source, provider, campaign, content stream, subscription tier, payout program, network, AI-related opportunity, represented opportunity, or monetization opportunity will continue to exist, remain available, remain unchanged, generate revenue, or perform in any particular manner.
We do not guarantee any minimum revenue, minimum traffic, minimum donation, minimum payout, minimum uptime, minimum number of widgets, or specific partner participation.
Publisher shall defend, indemnify, and hold harmless the Protected Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY PROTECTED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST-PROFIT DAMAGES, OR FOR ANY LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (a) $100.00, or (b) the total amount actually paid by us to Publisher under the revenue-sharing program during the twelve (12) months immediately preceding the event giving rise to the claim.
Notwithstanding anything to the contrary in this Agreement, either party may seek injunctive, equitable, or other non-monetary relief in accordance with Section 17 to protect its intellectual property, Confidential Information, or other rights that would be inadequately remedied by monetary damages. The limitations of liability in this Section do not apply to: (i) Publisher’s indemnification obligations; (ii) Publisher’s breach of Section 4, Section 7, or Section 18(h); (iii) Publisher’s infringement or misappropriation of our intellectual property or Confidential Information; or (iv) Publisher’s fraud or willful misconduct.
Unless Publisher opts out by written notice, including email, Publisher grants us the right to use Publisher’s name, logo, trademarks, website name, and site URL in customer lists, sales materials, case studies, presentations, investor materials, “our network” lists, and similar promotional materials to identify Publisher as a user of the Services.
We may assign, transfer, delegate, sell, restructure, reorganize, spin out, separate, or otherwise transfer this Agreement, the Services, the Charity Weather business, or related assets, rights, obligations, or operations, in whole or in part, to any successor, purchaser, affiliate, parent, subsidiary, division, or other entity, without Publisher’s approval.
This Agreement binds and benefits our successors, assigns, transferees, and any entity into which Charity Weather or the applicable business is transferred, sold, merged, restructured, or reorganized.
Without limiting the foregoing, if Charity Weather is separated from Lions Light and operated as a standalone for-profit or nonprofit entity, or if Charity Weather or its business, assets, rights, operations, or related products or services are sold, contributed, assigned, licensed, delegated, or otherwise transferred to another entity or organization, then this Agreement and any other agreements, permissions, authorizations, consents, or accepted terms between Publisher and Lions Light or Charity Weather relating to Charity Weather or the Services shall automatically transfer to and inure to the benefit of that successor entity without further notice to or consent from Publisher.
Publisher may not assign this Agreement without our prior written consent.
THIS AGREEMENT MAY BE UPDATED AT ANY TIME. We may update this Agreement at any time in our sole discretion by posting an updated version on CharityWeather.com, making it available through the Publisher account, or updating related account materials or policies. We may, but are not required to, provide additional notice of updates through the Publisher account or by email. Continued access to or use of the Services after an update constitutes acceptance of the updated Agreement. We are not required to obtain Publisher’s separate approval for such updates. For material updates, we may require renewed acceptance as a condition of continued use.
This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
Any dispute arising out of or related to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Arizona, and Publisher consents to that jurisdiction and venue.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY SUCH CLAIMS SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. IF ANY PORTION OF THIS WAIVER IS HELD UNENFORCEABLE, IT SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED, AND THE REMAINDER SHALL REMAIN IN EFFECT.
(a) Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates any agency, partnership, joint venture, franchise, employment, or fiduciary relationship between the parties, and neither party has authority to bind the other.
(b) No Third-Party Beneficiaries. Except for the Protected Parties, nothing in this Agreement creates any right or remedy in or for any third party.
(c) Aggregated and De-Identified Data. We may collect, use, create, disclose, and exploit aggregated, anonymized, or de-identified data derived from the Services and Publisher’s use of the Services for any purpose, including analytics, benchmarking, product improvement, operations, and marketing. Such data is not Publisher’s confidential information.
(d) Notices. Notices to Publisher may be given by email to the address on file, through the Publisher account, or by posting within the Services, and will be effective upon transmission or posting. Notices to us must be sent to legal@charityweather.com. For convenience, general communications may also be submitted through the contact form designated on CharityWeather.com, but formal legal notices under this Agreement should be sent to legal@charityweather.com and will be effective upon receipt.
(e) Force Majeure. We are not liable for any delay, failure, interruption, suspension, or degradation of the Services caused by events beyond our reasonable control, including acts of God, natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, power outages, cyberattacks, pandemics, epidemics, supply-chain disruptions, or failures or delays of third parties, vendors, partners, platforms, hosts, or providers. This section does not excuse Publisher’s payment obligations, indemnification obligations, or other obligations that by their nature should continue despite such events.
(f) Electronic Acceptance. This Agreement may be accepted electronically. Publisher’s clicking to accept, creating an account, accessing or using the Services, or installing or allowing the Services to be used constitutes a valid electronic signature and acceptance enforceable under applicable electronic-signature laws, including E-SIGN and applicable state law.
(g) Interpretation. Headings are for convenience only and do not affect interpretation. “Including,” “includes,” and “such as” mean “including without limitation.” References to the singular include the plural and vice versa. References to a person include its successors and permitted assigns. Any ambiguity shall not be construed against either party as drafter.
(h) Confidentiality. Publisher shall not disclose or use, except as necessary to use the Services as expressly authorized under this Agreement, any Confidential Information. Publisher shall protect Confidential Information using at least reasonable care and shall not disclose it to any third party except to personnel with a need to know who are bound by confidentiality obligations at least as protective as those in this Agreement. Confidential Information does not include information that Publisher can prove: (i) is or becomes public through no fault of Publisher; (ii) was lawfully known to Publisher without restriction before receipt from us; (iii) is lawfully received by Publisher from a third party without restriction and without breach of any duty; or (iv) is independently developed by Publisher without use of or reference to Confidential Information. The confidentiality obligations in this Section survive for five (5) years after termination, except that trade secrets remain protected for so long as they remain trade secrets under applicable law.
(i) Survival. Sections 1, 2, 4, 5, 6, 7, 8 (to the extent of accrued rights, reporting, credits, debits, offsets, and exclusions), 9, 10, 11 (to the extent of wind-down and accrued obligations), 12, 13, 14, 15, 16, 17, and 18, and any other provision that by its nature should survive, survive termination or expiration of this Agreement.
(j) Miscellaneous. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision does not operate as a waiver. This Agreement constitutes the entire agreement between the parties regarding the Services unless we expressly agree otherwise in writing.