Terms of Service for Local Storm Center LLC

Effective Date: July 1, 2025

These Terms of Service (“Terms”) are a legally binding agreement between Local Storm Center LLC (“LSC,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) governing the use of LSC services. By subscribing to, accessing, or using any LSC service, the Client agrees to be bound by these Terms.

1. Services

LSC provides pre-recorded, localized weather forecast audio for licensed radio stations and authorized media clients in the United States. Forecasts are produced in advance and delivered in standard MP3 format unless otherwise agreed in writing.

LSC services are intended for scheduled broadcast use only. LSC does not provide live severe weather coverage, real-time emergency cut-ins, Emergency Alert System transmissions, or official warning services of any kind. The Client remains solely responsible for real-time alerting, emergency coverage, and compliance with all applicable Federal Communications Commission rules and operational requirements.

Each Client station may receive up to five (5) pre-recorded weather forecasts per broadcast day unless otherwise agreed in writing.

2. Monthly Service Agreement

Each Client receives services pursuant to a separate Monthly Service Agreement or other written service confirmation setting forth the selected package, pricing, delivery method, and any custom service elements. These Terms and the applicable Monthly Service Agreement together form the complete agreement between LSC and the Client.

If there is a conflict between these Terms and a Monthly Service Agreement, the Monthly Service Agreement controls only as to the specific subject expressly addressed there. All other provisions of these Terms remain in effect.

3. Forecast Delivery and Limitations

Forecasts are generally delivered 365 days per year, including weekends and holidays, through the delivery method designated by the Client, including email, Dropbox, or FTP.

All forecast content is produced in advance. Forecasts may mention active watches, warnings, or advisories that are in effect at the time of recording and reasonably expected to remain relevant at airtime, but LSC does not guarantee updates for newly issued alerts or rapidly changing weather situations.

Delivery timing and usability depend in part on the Client’s own systems. The Client is solely responsible for maintaining working automation, file transfer, playback, and related infrastructure capable of receiving, importing, updating, and airing LSC content.

4. Client Responsibilities

The Client is solely responsible for reviewing all forecast content before broadcast and for determining whether it complies with the Client’s editorial, legal, technical, and regulatory requirements.

The Client is also solely responsible for:

maintaining compatible playback and automation systems
maintaining working emergency alert capabilities and official weather alert sources
ensuring proper use of station imaging and local production elements
ensuring compliance with FCC, underwriting, and licensing rules
timely reporting any missing, incorrect, or unusable files to LSC

If the Client provides music beds or other audio materials, the Client represents that it has all necessary rights and permissions to use that material. LSC is not responsible for any claims arising from Client-supplied content.

5. Forecast Voice and Substitutions

Forecasts are customarily voiced by Johnny Caudle. However, LSC reserves the right to use substitute voices, backup announcers, or evergreen content when reasonably necessary due to illness, scheduling conflicts, technical issues, emergencies, or other operational needs.

The Client acknowledges that specific voice talent is not guaranteed unless expressly stated in writing. Reasonable substitutions or continuity measures shall not constitute a breach of service and shall not entitle the Client to any refund, credit, or rate adjustment.

6. Partnerships

LSC may enter into partnerships, affiliate arrangements, syndication relationships, referral relationships, or distribution agreements with third parties. Such partnerships do not alter the Client’s rights, pricing, service level, or contractual terms unless expressly stated in writing by LSC.

Pricing, billing, and service structure may differ for clients onboarded through a third-party partner.

If a Client receives LSC services through or in connection with a third-party partner, distributor, or network, the Client may also be subject to that third party’s separate terms. LSC is not responsible for the policies, actions, billing practices, representations, or service failures of any third-party partner unless expressly agreed in writing.

Nothing in any partnership arrangement shall be construed to create an employment, agency, joint venture, or fiduciary relationship between LSC and any Client.

7. Non-Commercial Educational Stations

Clients operating non-commercial educational stations are solely responsible for ensuring that all sponsor mentions, underwriting acknowledgments, and related content comply with FCC requirements applicable to non-commercial broadcasting.

LSC may make reasonable efforts to support compliant wording, but LSC is not responsible for fines, forfeitures, enforcement actions, or other consequences arising from the Client’s broadcast use of content.

8. Payments and Billing

Invoices are issued monthly and delivered to the most recent email address provided by the Client. Payment is due in full no later than 11:59 PM Eastern Time on the 25th day of the billing month.

If payment is not received by the due date, a $10.00 late fee will be added to the next invoice. If full payment is not received by the end of the billing month, service may be suspended effective the following calendar day.

Suspended service will not resume until all outstanding balances, including late fees, are paid in full and the next month’s service fee is paid in advance, if required by LSC.

No refunds, prorated credits, or partial reimbursements will be issued unless LSC expressly agrees in writing.

Accepted payment methods may include check, debit card, credit card, Stripe payment link, PayPal, Venmo, or other methods approved by LSC. LSC may change accepted payment methods at any time.

9. Rate Adjustments

LSC may adjust service rates upon at least thirty (30) days’ written notice to the Client. Continued use of services after the effective date of the new rate constitutes acceptance of the revised pricing.

If the Client does not wish to continue service at the revised rate, the Client may cancel service before the new rate takes effect in accordance with these Terms.

10. Term and Cancellation

Services are provided on a month-to-month basis unless otherwise stated in writing.

The Client may cancel service at any time by giving written notice by email or text message. Verbal statements, voicemails, social media messages, or informal conversations do not constitute valid notice unless confirmed in writing by LSC.

Once a billing month has begun, the full monthly fee remains due regardless of usage, delivery volume, or cancellation date. No prorated refunds or credits will be provided for mid-month cancellations.

LSC may suspend or terminate service at any time for nonpayment, misuse, repeated late payment, breach of these Terms, technical or security concerns, operational necessity, or any other lawful reason.

11. Reinstatement

If a former Client requests reinstatement after cancellation or termination, reinstatement is subject to availability and LSC’s sole discretion. Returning Clients may be required to complete a new onboarding process, accept the current Terms, and pay the then-current service rates.

Prior pricing, custom scripting, delivery methods, and special accommodations will not be automatically reinstated unless LSC agrees in writing.

12. Third-Party Providers

LSC may use third-party providers to operate, host, secure, invoice, process payments, or deliver services, including but not limited to Squarespace, Stripe, Dropbox, email providers, and FTP-related systems.

The availability and performance of these third-party services are outside LSC’s direct control. LSC is not responsible for outages, delays, data loss, security incidents, or service interruptions caused by third-party providers.

The Client acknowledges that delivery to the designated third-party destination selected by the Client constitutes completion of LSC’s delivery obligation.

13. Intellectual Property and Authorized Use

All forecast audio, scripts, branding, logos, music beds supplied by LSC, service materials, and related content are the property of LSC or used by LSC under applicable rights.

LSC grants the Client a limited, non-transferable, revocable license to use delivered forecast content only for the Client’s own authorized station broadcast use during the active service term.

The Client may not resell, redistribute, rebroadcast to unaffiliated stations, sublicense, syndicate, publish online for third-party use, duplicate for external use, or otherwise repurpose LSC content without prior written permission.

Unauthorized use or distribution constitutes a material breach of these Terms and may result in immediate termination of service and legal action.

14. Branding Usage

Active Clients may use approved LSC branding assets solely in connection with LSC-provided forecast content during the active service term. All branding must be used as provided and may not be altered, distorted, or repurposed without written approval.

Upon cancellation, suspension, or termination of service, the Client must immediately stop using all LSC branding and remove all related materials from broadcast systems, websites, social media, and promotional assets.

15. Confidentiality

Pricing, service proposals, scripting templates, login credentials, delivery information, access details, and other non-public business materials supplied by LSC are confidential and proprietary.

The Client may not disclose or share such information with advertisers, vendors, contractors, competing broadcasters, or other third parties without LSC’s prior written consent.

The Client is responsible for maintaining the security of all credentials and access information provided in connection with service.

16. Forecast Accuracy and Official Sources

LSC uses reputable public and private weather data sources and makes reasonable efforts to provide accurate and timely forecast content. However, all forecasts are predictive in nature and cannot be guaranteed.

LSC forecast content is provided for general informational and scheduled broadcast purposes only. It is not a substitute for official government warnings, emergency alerts, or real-time monitoring.

Clients and listeners should rely on official sources, including the National Weather Service and the Emergency Alert System, for real-time alerts and emergency information.

17. Disclaimer of Warranties

Services are provided on an “as is” and “as available” basis. LSC disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, noninfringement, or uninterrupted availability, to the fullest extent permitted by law.

18. Limitation of Liability

To the fullest extent permitted by law, LSC shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost revenue, lost profits, business interruption, regulatory penalties, audience loss, reputational harm, or data loss arising out of or related to the services.

LSC’s total liability for any claim arising out of or relating to the services shall not exceed the amount paid by the Client to LSC for the service giving rise to the claim during the one (1) month immediately preceding the event giving rise to the claim.

19. Indemnification

The Client agrees to indemnify, defend, and hold harmless LSC and its owner, officers, employees, contractors, successors, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

the Client’s broadcast, editing, scheduling, or use of forecast content
the Client’s violation of law, regulation, or FCC requirements
the Client’s misuse, redistribution, or unauthorized modification of content
the Client’s failure to maintain required emergency alerting capabilities
claims arising from Client-supplied content or station materials

20. Force Majeure

LSC shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including weather disasters, power outages, internet failures, cyber incidents, equipment failures, illness, public emergencies, labor disruptions, governmental actions, acts of God, or other force majeure events.

21. Communications and Notice

Official communications from LSC may be sent by email or text message to the most recent contact information provided by the Client. Such communications are deemed received upon transmission.

The Client is responsible for keeping all contact information current. LSC is not responsible for missed communications caused by outdated or inaccessible contact information.

22. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or LSC services shall be brought exclusively in the state or federal courts serving Cabarrus County, North Carolina, and the Client consents to the jurisdiction of those courts.

23. Changes to Terms

LSC may revise these Terms from time to time. Updated Terms become effective upon posting or upon written notice to the Client. Continued use of services after the effective date of revised Terms constitutes acceptance of the revised Terms.

24. Entire Agreement and Severability

These Terms, together with any applicable Monthly Service Agreement or written service confirmation, constitute the entire agreement between LSC and the Client and supersede prior discussions or understandings regarding the services.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

25. Contact Information

Johnny Caudle
Owner & Authorized Representative
Local Storm Center LLC
johnny@localstormcenter.com
980-622-1067
4858 Hawfield Street
Kannapolis, NC 28083