TERMS OF SERVICE FOR LOCAL STORM CENTER

Terms of Service for Local Storm Center

Effective Date: July 31, 2025

  1. Acceptance of Terms
    These Terms of Service and Conditions of Use (“Terms”) constitute a legally binding agreement between the client (“Client”) and Local Storm Center (“LSC”). By accessing, subscribing to, or otherwise using any weather forecast services provided by LSC, the Client expressly acknowledges that they have read, understood, and agreed to be bound by these Terms in full, including any additional terms referenced or incorporated by hyperlink.

    These Terms govern all aspects of the services provided and define the respective rights, responsibilities, and expectations of both parties. They are designed to promote transparency, consistency, fairness, and mutual accountability in the delivery and use of forecast content.

    Clients must review and accept these Terms prior to the commencement of service. Continued use of LSC’s services constitutes ongoing acceptance of any future updates to these Terms, which may be amended from time to time with reasonable notice, unless otherwise prohibited by applicable law.

  2. Service Overview

    The following terms and conditions apply to all active clients of Local Storm Center (“LSC”) and are effective immediately upon commencement of service. For the purposes of this agreement, the term “Client” refers to any individual, entity, or organization that engages, subscribes to, or otherwise utilizes weather forecast services provided by LSC, including—without limitation—station owners, general managers, or authorized representatives of licensed radio stations or broadcast groups.

    LSC provides pre-recorded, localized weather forecast content to licensed radio stations and authorized media clients throughout the United States. These services consist of daily audio forecasts tailored to each market, incorporating the Client’s station branding and preferred delivery format. All forecasts are produced in advance and delivered as standard digital audio files (MP3 or WAV), unless otherwise agreed to in writing.

    Forecast content is licensed solely for the Client’s authorized on-air broadcast use. Redistribution, sublicensing, editing, or repurposing of content in any form—without prior written approval from LSC—is strictly prohibited. Unauthorized use constitutes a breach of these Terms and may result in immediate suspension or termination of service, as well as potential legal action.

    By engaging LSC’s services, the Client acknowledges and agrees to receive forecast content on a recurring basis and assumes full responsibility for its lawful and appropriate use. This includes, but is not limited to, ensuring compliance with all applicable laws, regulations, and industry standards, including Federal Communications Commission (FCC) rules, automation system compatibility, and any relevant local or organizational content policies.

  3. Monthly Service Agreement

    All clients receive services pursuant to a separate Monthly Service Agreement, which outlines the specific forecast package, delivery preferences, billing terms, and any custom service elements. These agreements are intended to supplement—not replace—these Terms of Service. Together, they constitute the complete and binding agreement between the Client and Local Storm Center (“LSC”) with respect to the services provided.

    In the event of any conflict or inconsistency between a Monthly Service Agreement and these Terms of Service, the provisions of the Monthly Service Agreement shall govern, but only with respect to the specific services, pricing, or conditions expressly addressed therein. All other provisions of these Terms shall remain in full force and effect and shall continue to apply without limitation.

  4. Third-Party Providers

    To support the delivery, functionality, and security of its services, Local Storm Center (“LSC”) utilizes trusted third-party providers. These may include, but are not limited to:

    • Stripe – for secure online payment processing

    • Squarespace – for website hosting and client account access

    • Dropbox, email services, and FTP systems – for the delivery of forecast files and related communications

    By using LSC services, the Client acknowledges and accepts that certain features and content deliveries are facilitated through these external platforms. The use of any third-party service is governed by that provider’s respective privacy policy, terms of use, and data handling practices. LSC does not control and is not responsible for the actions, data security, or service availability of any third-party provider.

    Clients are encouraged to review the applicable terms and policies of these providers to better understand how their data may be collected, processed, or stored in connection with LSC’s services.

  5. Communication and Notice

    All official communications between Local Storm Center (“LSC”) and the Client—including, but not limited to, notices of cancellation, service modifications, rate adjustments, policy updates, or other material changes—may be delivered via email or text message. Such communications shall be deemed received and effective upon successful transmission to the most recent email address or mobile number provided by the Client.

    It is the sole responsibility of the Client to ensure that all contact information on file with LSC remains accurate and up to date. LSC shall not be held liable for any delay, delivery failure, or misunderstanding resulting from outdated, incorrect, or inaccessible contact details supplied by the Client.

    Verbal communications—including voicemails, in-person conversations, or messages sent via social media or third-party messaging platforms—shall not be considered valid, binding, or actionable unless explicitly confirmed by LSC in a written format. To be recognized as official, all notices or service-related requests must be issued or acknowledged by LSC through an approved written communication channel (e.g., email or text message).

  6. Forecast Delivery and Limitations

    Local Storm Center (“LSC”) provides pre-recorded weather forecast reports 365 days per year, including weekends and all recognized U.S. holidays. Forecasts are delivered as digital audio files in MP3 or WAV format, based on the Client’s specified preferences, and are distributed via email, Dropbox, or FTP.

    All forecasts are produced in advance and are not generated or delivered in real time. LSC does not provide live severe weather coverage, emergency alert broadcasts, or unscheduled real-time cut-ins under any circumstances. The Client expressly acknowledges and agrees that all forecast content is pre-recorded and intended solely for scheduled, non-emergency broadcast use.

    Forecasts may reference active weather advisories, watches, or warnings issued by the National Weather Service (“NWS”) if such alerts are in effect at the time of recording and are reasonably expected to remain active at the time of broadcast. Updates to reflect newly issued alerts may be provided if time and operational capacity allow, but such updates are offered on a best-effort basis and are not guaranteed.

    The timely delivery and updating of forecast content is also contingent on the Client’s infrastructure. If the Client’s automation system, FTP configuration, or delivery method does not support timely uploads, overwrites, or replacements, forecast updates may not be feasible, regardless of LSC’s availability. It is the Client’s sole responsibility to maintain and manage systems capable of receiving and properly broadcasting time-sensitive forecast content.

    The Client is also solely responsible for maintaining appropriate systems for receiving and disseminating real-time weather warnings, including—but not limited to—Emergency Alert System (EAS) equipment and direct NWS alert integration. LSC shall not be liable for any damages, losses, regulatory penalties, or compliance failures resulting from the Client’s reliance on pre-recorded content in lieu of official emergency alert systems.

  7. Payments

    Certain services offered by Local Storm Center (“LSC”) require payment, which may be collected directly or through the LSC website. Invoices are issued and processed securely via Squarespace and/or Stripe, both of which utilize industry-standard encryption and data protection protocols. Stripe serves as LSC’s primary payment processor and ensures compliance with PCI-DSS standards and applicable data privacy regulations.

    By submitting payment information, the Client authorizes LSC to charge the specified amount in accordance with the service agreement or billing terms in effect at the time of purchase. If the Client enrolls in, agrees to, or continues with a recurring billing arrangement—such as a monthly or annual service plan—Client expressly authorizes LSC to automatically charge the applicable amount on a recurring basis using the most recent payment method on file. This authorization will remain in effect until the Client modifies or cancels the arrangement in accordance with these Terms.

    It is the Client’s sole responsibility to ensure that all payment information remains accurate and up to date. To update billing details or cancel recurring payments, the Client must notify LSC in writing (via email) at least five (5) business days prior to the next scheduled billing date. Failure to provide timely notice may result in the processing of additional charges.

    For security reasons, LSC does not store or retain full credit card numbers, CVV codes, or other sensitive payment credentials on its own servers. All payment data is securely handled through Stripe.

    Payments are due by the 25th day of each billing month. A late fee of $10.00 will apply if payment is not received by 11:59 PM Eastern Time on the due date. If payment remains outstanding at the end of the month, service will be suspended effective the following calendar day. No refunds, proration, or partial credits shall be issued under any circumstances.

    LSC reserves the right to suspend or terminate services for any account with an unpaid balance, at its sole discretion and without further notice.

  8. Account Access

    Clients may be provided with login credentials to access private service portals, downloadable forecast files, billing information, or other client-specific resources. The Client is solely responsible for maintaining the confidentiality and security of their account credentials and for all activity conducted under their login, whether authorized or unauthorized.

    The Client must promptly notify Local Storm Center (“LSC”) in writing of any suspected security breach, unauthorized access, or compromise of account credentials. LSC shall not be liable for any loss, damage, or unauthorized use resulting from the Client’s failure to safeguard their login information.

    LSC reserves the right to suspend, restrict, or terminate account access at its sole discretion, including—but not limited to—cases involving misuse, nonpayment, violations of these Terms, or security-related concerns. Such actions may be taken without prior notice if deemed necessary to protect system integrity or client data.

  9. Forecast Voice and Substitutions

    All forecasts provided by Local Storm Center (“LSC”) are customarily voiced by Johnny Caudle, whose delivery represents the standard tone, quality, and professionalism associated with the LSC brand. However, in the event of illness, travel, scheduling conflicts, technical disruptions, emergencies, or other unforeseen circumstances, LSC reserves the right to substitute the forecast voice in order to maintain uninterrupted service.

    Substitute voices may include Volunteer Weather Contributors—individuals who serve as non-compensated fill-in weathercasters. In limited cases, and only as a fallback option, professionally produced AI-generated voice talent may be used. When substitutions occur, LSC will make every reasonable effort to preserve consistency in tone, clarity, and delivery to ensure a seamless listener experience.

    In addition, LSC reserves the right to utilize evergreen forecasts—professionally pre-recorded, non-date-specific weather segments—during holidays, planned absences, operational disruptions, or other circumstances that temporarily affect regular production. All evergreen content is sponsor-safe and formatted for general broadcast use when timely updates are unavailable. The use of such content shall not constitute a breach of service.

    The Client acknowledges and agrees that:

    • The use of specific voice talent is not guaranteed;

    • Variations in voice, delivery style, or content format—regardless of cause—shall not constitute grounds for refund, discount, service credit, or modification of the service agreement.

    These provisions form a necessary component of LSC’s continuity and contingency planning, and are considered a non-negotiable part of these Terms of Service.

  10. What Qualifies as a Sponsored Forecast

    The sponsored package rate shall apply in any instance where a business, organization, or third-party sponsor is referenced in connection with a weather forecast—whether that reference appears in the forecast audio itself or in any related scripting, production elements, or adjacent station content.

    Examples of qualifying sponsorship references include, but are not limited to:

    (a) Custom open or close scripting that includes the name of a sponsor, underwriting message, or promotional language.

    (b) Station-produced announcements, live reads, pre-rolls, post-rolls, or adjacent content that implies the forecast is sponsored, underwritten, or “brought to the audience” in whole or in part by a third party.

    (c) Any language—inserted by either the Client or LSC—that suggests a sponsorship relationship, including but not limited to phrases such as:
        “Brought to you by...,” “Presented in partnership with...,” “Sponsored by...,” or any similar attribution that associates the forecast with a non-station entity.

    This policy applies regardless of whether the sponsorship reference is created, inserted, or voiced by LSC or by the Client during local production, automation, or playback.

    If even a single forecast contains sponsorship language or is presented in a way that implies sponsorship, the sponsored package rate shall apply to the Client’s entire service package, regardless of how many other forecasts remain unsponsored.

    LSC will make the final determination as to whether a forecast qualifies as “sponsored” under this policy. However, we are committed to working in good faith with Clients to clarify any questions or address edge cases. Clients found to be using sponsorship content while paying the unsponsored rate may be subject to immediate rate adjustment, invoice correction, or modification of service terms.

  11. Sponsored Forecast Policy (Legacy Exception)

    Clients who began service with Local Storm Center (“LSC”) prior to July 1, 2025 (“legacy clients”) are not currently subject to the standard Sponsored Forecast Policy. These legacy clients may continue to include sponsor mentions, underwriting language, or other sponsorship references in connection with their daily forecasts without triggering the sponsored forecast rate, provided that their existing monthly rate and overall service terms remain unchanged.

    LSC reserves the right to reevaluate this legacy exception at any time based on material changes in the Client’s account. Material changes may include, but are not limited to:

    • A change in the Client’s programming format (e.g., switching from non-commercial to commercial)

    • A significant increase in sponsorship usage, frequency, or exposure

    • A change in station ownership, operational structure, or legal entity

    • Modifications to delivery method, forecast volume, or voice service level

    • Any alteration to the pricing, billing cycle, or service terms previously agreed upon

    If LSC determines that a change affects eligibility for the legacy exception, the Client will receive written notice at least thirty (30) days in advance of any proposed billing or service modification.

    This legacy exception is subject to periodic review and may be discontinued entirely after December 31, 2026, at LSC’s sole discretion. Should LSC elect to sunset legacy exemptions, qualifying Clients will receive a minimum of sixty (60) days’ notice and the opportunity to transition to current service tiers without immediate disruption.

  12. Volunteer Weather Contributors

    Local Storm Center may, at its sole discretion, permit individuals to serve as Volunteer Weather Contributors (“Volunteers”) for the limited purpose of providing pre-recorded weather forecast segments on a non-compensated, as-needed basis. Volunteers act solely as fill-in weathercasters and may be asked to contribute during periods of illness, travel, scheduling conflicts, or operational need.

    Volunteers participate on a strictly voluntary basis and do not receive wages, stipends, benefits, or other forms of compensation. No employment, contractor, agency, or partnership relationship is created through this participation. Volunteers may not represent themselves as employees or agents of Local Storm Center in any capacity.

    By submitting content, each Volunteer grants Local Storm Center a perpetual, royalty-free, non-exclusive license to use, reproduce, edit, distribute, and publicly perform the submitted material across all platforms and channels used by the organization, including but not limited to broadcast radio, digital media, and social platforms.

    All content must meet Local Storm Center’s editorial standards, voice quality expectations, formatting requirements, and accuracy thresholds. Submissions may be declined, edited, or withheld from use at the company’s sole discretion. Volunteers agree to follow all provided guidelines and deadlines and may not use Local Storm Center branding, music beds, or marks without prior written approval.

    Volunteer participation is non-guaranteed and may be terminated at any time, with or without notice. Local Storm Center does not guarantee airtime, on-air credit, or continued opportunities.

  13. Client Responsibilities and File Compatibility

    The Client is solely responsible for ensuring that their broadcast automation systems, playback configurations, and related infrastructure are capable of receiving, importing, and properly processing weather forecast files delivered by Local Storm Center (“LSC”) in standard digital audio formats (MP3 or WAV). If a file fails to play, import, or function correctly due to system incompatibility, outdated software, or misconfiguration on the Client’s end, LSC may, at its sole discretion, offer limited technical assistance. However, all responsibility for system integration, performance, and ongoing troubleshooting remains with the Client.

    If the Client elects to use a custom music bed in place of LSC’s default weather music, the Client must supply the audio file in a compatible format, along with any specific scripting or timing instructions. LSC will make reasonable efforts to accommodate custom elements while preserving the tone, pacing, and production quality expected of its content.

    The Client is solely responsible for verifying that any music, audio assets, or other materials provided to LSC—including but not limited to music beds, sponsor-provided clips, or sound effects—are properly licensed and free from copyright restrictions. By submitting such materials, the Client represents and warrants that they hold all necessary rights to use, distribute, and publicly broadcast the content. LSC shall not be liable for any claims, damages, or legal actions arising from the use or inclusion of third-party content supplied by the Client.

    If a forecast file, voice recording, or graphic is missing, incorrect, or does not meet expectations, the Client must notify LSC promptly upon discovery. LSC is not responsible for any errors, omissions, or discrepancies that are not reported in a timely manner. Corrections will be made on a best-effort basis following proper notification.

  14. Stations Licensed as Non-Commercial Educational (NCE) Broadcasters

    Local Storm Center (“LSC”) provides weather forecast services to a variety of stations, including those operating under non-commercial educational (NCE) licenses as defined by the Federal Communications Commission (“FCC”).

    Clients operating under NCE licenses are solely responsible for ensuring that all broadcast content, including underwriting acknowledgments, complies with applicable FCC guidelines. This includes—but is not limited to—restrictions on promotional language, price references, calls to action, and comparative or qualitative claims.

    LSC will make reasonable efforts to support compliance by producing underwriting content in a neutral, factual style. However, LSC shall not be held liable for any fines, penalties, or other consequences resulting from the Client’s use of content that violates FCC rules. The Client is encouraged to review all underwriting copy in advance of broadcast and to consult legal counsel or station leadership as needed.

    By continuing to use services provided by LSC, all NCE Clients acknowledge their understanding of these content limitations and assume full responsibility for regulatory compliance related to their station’s broadcast license.

  15. Service Limits and Delivery Scope

    Each Client station may receive up to five (5) pre-recorded weather forecasts per broadcast day. This is the maximum number of daily reports permitted under Local Storm Center’s (“LSC”) current scheduling capacity. Requests for additional forecasts beyond this limit may be considered on a case-by-case basis and must be established through a separate written agreement, subject to availability and operational feasibility.

    LSC does not provide live severe weather alerts, emergency coverage, or real-time cut-ins. All forecasts are pre-recorded in advance and are not produced or updated in real time. While LSC actively monitors significant weather systems and may incorporate urgency or alert-level language into recordings when appropriate, real-time response forecasting is not included in any service tier.

    Forecast graphics, website updates, and social media posts are not included in any standard service package. These services are no longer available to new clients as of July 1, 2025, and are provided exclusively to select legacy clients—defined as those who began service prior to July 1, 2025, and were actively receiving such services as of June 30, 2025.

    LSC reserves the right to modify, suspend, or permanently discontinue any service—including, but not limited to, forecast graphics, website updates, and social media posts—at its sole discretion, with or without prior notice. In such cases, reasonable efforts will be made to notify affected legacy clients in advance, when feasible.

    All services are delivered on a best-effort basis, using a combination of trusted public and private weather data sources. LSC’s primary objective is the reliable delivery of broadcast-ready weather audio that integrates seamlessly with station programming and sponsor messaging, and is free from unnecessary filler, speculation, or commentary.

  16. Term, Cancellation, and Monthly Service Agreement

    All services provided by Local Storm Center (“LSC”) are offered on a month-to-month basis, with no long-term contract required. The Client may cancel service at any time by providing written notice via email or text message. Such notice may take effect immediately or on a future date specified by the Client. Verbal requests, voicemails, social media messages, or informal conversations shall not be considered valid forms of cancellation notice.

    Once a billing month has commenced, the Client is financially obligated to pay the full monthly service rate, regardless of actual usage, delivery status, or cancellation date. No refunds, prorated credits, or partial reimbursements will be issued under any circumstances. This policy ensures consistency and operational fairness across all client accounts.

    Prior to the start of service, each Client must agree to a Monthly Service Agreement, which outlines the selected forecast package, delivery preferences, billing terms, and applicable service expectations. Agreement may be confirmed through any documented written method, including—but not limited to—email, text message, online form submission, or other verifiable correspondence. Verbal agreements or implied arrangements shall not be recognized or enforced.

    By confirming service through any of the accepted written methods, the Client expressly acknowledges and agrees to be bound by the full terms of the Monthly Service Agreement, including these Terms of Service.

  17. Onboarding and Commencement of Service

    To initiate service with Local Storm Center (“LSC”), the Client must complete and submit the online Start Service form available at www.localstormcenter.com. Within three (3) to five (5) business days of receipt, LSC will respond via email with a custom demo and service proposal tailored to the Client’s needs.

    Following receipt of the proposal, LSC and the Client will work collaboratively to finalize all service details, including—but not limited to—forecast upload times, scripting preferences, music beds, branding elements, file naming conventions, delivery schedules, and any required login credentials. The timeline for this stage may vary depending on the Client’s responsiveness and the complexity of the service setup.

    Once all service elements are confirmed, LSC will issue a Monthly Service Agreement via email. Upon formal acceptance of the agreement by the Client, forecast delivery will begin in accordance with the mutually agreed-upon schedule and technical specifications.

    Most stations are fully onboarded and on the air within two to four weeks, depending on how promptly service details are finalized. Open and timely communication is encouraged to help ensure a smooth and efficient launch.

  18. Service Disruption and Termination by Local Storm Center

    Local Storm Center (“LSC”) reserves the right to modify, suspend, or terminate service at any time and for any reason, at its sole discretion. In the event that the owner becomes incapacitated, hospitalized, or otherwise unable to continue operations due to a medical emergency or other unforeseen circumstance, LSC will make reasonable efforts to provide advance notice and maintain continuity of service. However, in such cases, service may be discontinued without refund if continuation becomes impossible.

    Additionally, any disruption, delay, or interruption in service—whether resulting from technical failures, power outages, equipment malfunctions, staff unavailability, emergencies, natural disasters, or other circumstances beyond LSC’s control—shall not entitle the Client to a refund, discount, service credit, or renegotiation of service terms.

    By using LSC services, the Client acknowledges and accepts that all forecasts are delivered on a best-effort basis, and that uninterrupted service cannot be guaranteed under extraordinary or emergency conditions. LSC is committed to maintaining reliability but cannot be held liable for factors outside of its reasonable control.

  19. Invoicing, Payment Terms, and Late Fees

    Invoices are issued via email each month, typically on the last day of the current month or the first day of the new month. Full payment is due no later than 11:59:59 PM Eastern Time on the 25th of each month. If payment is not received by 12:00 AM on the 26th, a non-negotiable late fee of $10 will be assessed and added to the Client’s next invoice.

    If full payment—including any applicable late fees—is not received by 11:59:59 PM on the last calendar day of the month, the Client’s service will be automatically suspended effective the following day. No forecasts or other deliverables will be provided during the suspension period. Service will resume only once the outstanding balance has been paid in full.

    LSC reserves the right to permanently discontinue service in the event of ongoing nonpayment, repeated late payments, or a failure to respond to billing-related communication attempts. Reasonable efforts will be made to contact the Client before permanent closure occurs.

    Invoices are delivered to the most recent email address on file. It is the Client’s sole responsibility to monitor that inbox and to ensure that payment is submitted on time using one of the accepted methods listed below:

    • Check, payable to:
      Local Storm Center
      4858 Hawfield Street
      Kannapolis, NC 28083-7602

    • Debit or credit card via the secure Stripe payment link included with each invoice

    • PayPal: @wxcaudle

    • Venmo: @caudleweather

    Complete payment instructions are included with each invoice. Clients are expected to use one of the supported methods to ensure timely and accurate processing.

  20. Billing Policy and Proration

    All services provided by Local Storm Center (“LSC”) are billed on a monthly, flat-rate basis, regardless of the Client’s start or end date within a given calendar month. The full monthly service rate applies without exception in all cases, including but not limited to:

    • Service commencement after the first day of the month

    • Cancellation prior to the last day of the month

    • Interruptions in use, access, or delivery during the billing cycle

    Prorated rates, partial credits, or refunds are not offered under any circumstances. By initiating service with LSC, the Client expressly acknowledges and agrees to this billing structure in full.

    That said, while LSC does not offer automatic adjustments or proration, we are committed to fairness and may, at our sole discretion, consider goodwill accommodations on a case-by-case basis in the event of extended or unforeseen service disruptions.

  21. Rate Adjustments

    Local Storm Center (“LSC”) reserves the right to adjust its service rates at any time, provided that the Client is given at least thirty (30) days’ written notice prior to the effective date of any change. The revised rate will apply to the first invoice issued after the notice period has expired.

    If the Client does not wish to continue service at the new rate, they may cancel service before the effective date of the adjustment. If no cancellation is received, continued use of the service will constitute acceptance of the revised pricing.

    No retroactive pricing adjustments, credits, or exceptions will be granted under any circumstances.

  22. Missed or Delayed Reports

    If a forecast or daily forecast graphic is missed or delayed due to a technical issue, power outage, internet disruption, or any other unforeseen circumstance beyond the control of Local Storm Center (“LSC”), every reasonable effort will be made to resolve the issue and deliver the content as promptly as possible.

    While LSC does not guarantee uninterrupted service, we are committed to reliability and transparency. Missed or delayed forecasts do not, by default, entitle the Client to a refund, service credit, discount, or billing adjustment. However, in the event of extended or repeated delivery failure, LSC may, at its sole discretion, offer a courtesy adjustment or goodwill accommodation.

    By using LSC services, the Client acknowledges and agrees to these limitations as a standard condition of the service model, and understands that minor disruptions may occur from time to time despite best efforts.

  23. File Security and Client Responsibility

    Local Storm Center (“LSC”) takes reasonable precautions to ensure the security and integrity of all forecast files. These precautions include, but are not limited to, antivirus scanning, the use of trusted delivery platforms (such as email, Dropbox, and FTP), and regular internal safeguards. However, no digital delivery system is entirely infallible, and LSC does not warrant that transmitted files will be completely free from malware, corruption, tampering, or unauthorized access.

    The Client is solely responsible for scanning and inspecting all received files prior to playback, broadcast, or integration with internal systems. The Client also assumes full responsibility for the technical security, compatibility, and ongoing maintenance of their own infrastructure.

    By accepting delivery of forecast content, the Client agrees to indemnify and hold LSC harmless from any and all claims, damages, losses, liabilities, or operational disruptions arising from the delivery, receipt, or use of such files, regardless of cause.

  24. Forecast Accuracy and Use of Official Sources

    All forecasts provided by Local Storm Center (“LSC”) are developed using publicly available weather data and reputable meteorological sources. While every reasonable effort is made to ensure that forecast content is accurate, timely, and relevant, no weather forecast can be guaranteed to be entirely free from error or deviation from actual conditions.

    LSC forecasts are provided solely for general informational and scheduled broadcast use. They are not a substitute for official government-issued warnings, emergency alerts, or real-time monitoring systems. Clients and their listeners should always consult authoritative sources—such as the National Weather Service (NWS)—for real-time weather conditions, hazardous weather advisories, and emergency notifications.

    By using LSC forecast content, the Client acknowledges these limitations and assumes full responsibility for ensuring that all emergency preparedness, public safety, and regulatory obligations are fulfilled through appropriate, real-time alerting systems and official channels.

  25. Emergency Alert System (EAS) Compliance

    Local Storm Center (“LSC”) does not issue, transmit, or relay Emergency Alert System (EAS) messages under any circumstances. Each Client is solely responsible for maintaining FCC-certified EAS equipment and ensuring full compliance with all applicable Federal Communications Commission (FCC) rules and regulations, including—but not limited to—those outlined in 47 CFR Part 11.

    LSC assumes no liability whatsoever for a Client’s failure to comply with EAS requirements, nor for any regulatory, legal, or operational consequences resulting from the absence of real-time emergency alert capabilities at the Client’s broadcast facility.

    By using LSC services, the Client expressly acknowledges that EAS compliance is a non-delegable obligation and must be managed independently in accordance with all relevant federal, state, and local laws.

  26. Force Majeure

    Local Storm Center (“LSC”) shall not be held liable for any delay, interruption, or failure to deliver services resulting from circumstances beyond its reasonable control. Such events may include, but are not limited to: natural disasters, extreme weather conditions, fires, power outages, internet disruptions, telecommunications failures, equipment malfunctions, acts of God, governmental shutdowns, regulatory restrictions, public health emergencies, labor strikes, acts of war, terrorism, insurrections, military coups, civil unrest, or any other event commonly recognized as a force majeure occurrence.

    In the event of such an occurrence, LSC will make reasonable efforts to resume service as promptly as conditions allow. However, LSC shall not be liable for any resulting loss, damage, delay, or disruption—whether direct or indirect—arising from these circumstances.

    By using LSC services, the Client expressly acknowledges and agrees to this limitation of liability in connection with force majeure events.

  27. Indemnification and Client Use

    By using services provided by Local Storm Center (“LSC”), the Client agrees to indemnify, defend, and hold harmless LSC and its owners, agents, affiliates, and representatives from any and all claims, liabilities, damages, losses, penalties, or expenses (including reasonable attorneys’ fees) arising out of or relating to the use, broadcast, modification, misrepresentation, or redistribution of LSC forecast content.

    This indemnification applies regardless of whether the content is used in its original form or altered in any way and includes, but is not limited to, claims resulting from:

    • Automation or playback errors

    • Unauthorized editing or alteration of audio files

    • Sponsor conflicts, commercial disputes, or attribution errors

    • Failure to comply with Federal Communications Commission (FCC) rules or other regulatory obligations

    • Listener misinterpretation, misuse, or reliance on forecast information

    LSC’s sole responsibility is the accurate production and timely delivery of forecast content as specified in the Client’s service agreement. The Client assumes full and exclusive responsibility for how that content is used, scheduled, modified, or presented on air, online, or through any other medium.

  28. Content Review and FCC Responsibility

    Local Storm Center (“LSC”) makes every reasonable effort to deliver clean, professional, and compliant forecast content. However, when a backup weathercaster or AI-generated voice is used, the Client acknowledges that rare, unintended variations or inconsistencies may occur. LSC shall not be held liable for any material that may inadvertently conflict with Federal Communications Commission (FCC) regulations, local community standards, or individual station policies.

    As the FCC licensee, the Client is solely responsible for reviewing all forecast content prior to broadcast to ensure compliance with applicable regulatory, legal, and editorial standards. This responsibility applies to all LSC-produced content, regardless of whether it is voiced by primary talent, backup personnel, or AI-generated systems.

    If any forecast content is discovered to be inaccurate, inappropriate, or non-compliant with FCC rules or station guidelines, the Client must notify LSC immediately upon discovery. Upon receiving such notice, LSC will make every reasonable effort to investigate and, if necessary, correct the issue in a timely and appropriate manner.

  29. Collections, Legal Action, and Governing Law

    Local Storm Center (“LSC”) reserves the right to pursue collection efforts and/or legal action in the event of unpaid invoices, delinquent balances, or other violations of agreed-upon payment terms. In such cases, the Client shall be responsible for all reasonable costs incurred by LSC in enforcing collection, including but not limited to: collection agency fees, attorney’s fees, court costs, filing fees, accrued interest, and other related administrative or legal expenses resulting from the nonpayment.

    This agreement shall be governed by and construed in accordance with the laws of the United States and the State of North Carolina, without regard to conflict-of-law principles. The Client agrees that the exclusive venue for any legal action, dispute, or claim arising out of or relating to this agreement shall be the state or federal courts located in Cabarrus County, North Carolina.

    By using LSC services, the Client consents to the personal jurisdiction of those courts and waives any objection to jurisdiction or venue, including objections based on forum non conveniens or similar doctrines.

  30. Branding Usage and Restrictions

    Active Clients are permitted to use Local Storm Center (“LSC”) branding assets at no additional cost for the duration of their service agreement. Authorized assets include official logos, music beds, and approved scripting for intros, tags, and transitions. All branding elements must be used exactly as provided and may not be modified, altered, resized, recolored, or adapted in any manner inconsistent with the Local Storm Center Brand Kit.

    Use of these assets is limited solely to the Client’s licensed broadcast station(s) and affiliated promotional materials that are directly related to LSC forecast content. Any other use—including use by third parties, unrelated programming, or outside vendors—is strictly prohibited.

    If service is canceled, suspended, or otherwise discontinued, the Client must immediately cease all use of LSC branding and promptly remove all associated assets from websites, station materials, social media platforms, automation systems, audio libraries, and any other affiliated content. Continued use of LSC branding after service termination constitutes unauthorized use and may result in legal action, including enforcement of trademark, copyright, and intellectual property rights.

  31. Market Exclusivity Policy

    To preserve the value of its services and support market differentiation for each participating broadcaster, Local Storm Center (“LSC”) offers exclusive market availability beginning July 1, 2025. Under this policy, LSC will serve only one client or station group per defined market area. A market area may include, but is not limited to, a Designated Market Area (DMA), city of license, community cluster, or region with overlapping broadcast coverage. Market boundaries will be determined based on commonly accepted industry metrics, including Nielsen DMAs and signal overlap zones.

    This exclusivity policy applies only to new clients who begin service on or after July 1, 2025. Clients who began service prior to that date are considered legacy clients and are grandfathered under the market assignments and service arrangements in effect as of June 30, 2025. Legacy clients are not subject to this exclusivity policy retroactively and may continue service uninterrupted, even if overlapping with new applicants.

    If two or more prospective clients request service within the same defined market, availability will be granted on a first-come, first-served basis, determined by the time of confirmed service agreement. Once a market is assigned, LSC will not provide identical or equivalent services to competing stations within that market area.

    This policy is designed to ensure that each participating client retains exclusive access to LSC’s localized forecast content within their market—enhancing the uniqueness, competitive positioning, and sponsor value of the forecast product.

  32. Terms Acceptance and Revisions

    All terms and conditions outlined in this document are final, non-negotiable, and legally binding upon the Client’s use of Local Storm Center (“LSC”) services. By engaging with LSC in any capacity, the Client expressly acknowledges that they have read, understood, and agreed to be bound by the full contents of this agreement.

    No side agreements, verbal assurances, informal commitments, or implied exceptions shall be recognized or enforceable unless expressly confirmed in writing by LSC.

    LSC reserves the right to update, amend, or revise these Terms of Service at any time. In the event of a material change, LSC will provide written notice to the Client using the most recent contact information on file. Continued use of LSC services after such notice shall constitute full acceptance of the revised terms.

  33. Entire Agreement and Severability

    This agreement constitutes the entire understanding between Local Storm Center (“LSC”) and the Client with respect to the services provided and supersedes all prior or contemporaneous communications, representations, or agreements—whether oral or written.

    Any matters not specifically addressed herein shall be interpreted and administered at the sole discretion of LSC, provided such interpretation remains consistent with the overall intent of the agreement.

    If any provision of this agreement is determined to be invalid, unenforceable, or contrary to law by a court of competent jurisdiction, that provision shall be deemed severable, and the remaining provisions shall remain in full force and effect. The agreement shall be construed to reflect the original intent of the parties as closely as possible, preserving its overall enforceability and purpose.

  34. Authorized Use and Redistribution

    All forecast content provided by Local Storm Center (“LSC”) is intended solely for use by the Client and their licensed radio station(s), as specified in the applicable service agreement. This content may not be used for any other purpose without prior written authorization from LSC.

    The redistribution, resale, rebroadcast, sublicensing, syndication, or sharing of LSC content—whether in full or in part, edited or unedited—is strictly prohibited. This includes use by unaffiliated stations, networks, websites, mobile apps, social media platforms, or third-party entities not expressly authorized in the Client’s service agreement.

    Any unauthorized use, duplication, or distribution of forecast material may result in the immediate suspension or termination of service and may be subject to legal action, including enforcement of intellectual property rights and pursuit of damages or injunctive relief where applicable.

  35. Disclaimer of Use and Emergency Reliance

    All forecast content provided by Local Storm Center (“LSC”) is intended solely for general informational and scheduled broadcast use. It is not a substitute for official weather warnings, watches, or emergency alerts issued by recognized government authorities.

    LSC does not provide real-time emergency forecasting, live severe weather cut-ins, or life-saving alert services. Accordingly, LSC shall not be held liable for any injury, damage, delay, or loss resulting from the use, interpretation, or reliance on forecast content—whether by the Client, its personnel, or its audience.

    Clients and the public are strongly encouraged to rely on official agencies, such as the National Weather Service (NWS), for all real-time severe weather alerts, emergency notifications, and actionable safety information.

    By using LSC services, the Client expressly acknowledges and agrees to these limitations in full.

  36. Confidentiality and Access Credentials

    All materials provided by Local Storm Center (“LSC”)—including, but not limited to, pricing documentation, scripting templates, login credentials, usernames, passwords, and delivery access details—are considered confidential and proprietary. These materials are intended solely for the Client’s internal use in connection with the authorized receipt and broadcast of LSC services.

    Such materials may not be shared, disclosed, published, or forwarded to any third party—including advertisers, vendors, or other broadcasters—without the express written consent of LSC.

    The Client is solely responsible for maintaining the security and confidentiality of all access credentials associated with LSC delivery systems, including (but not limited to) email accounts, cloud folders, FTP logins, and other authorized platforms. If any credentials are believed to be lost, compromised, or accessed without authorization, the Client must notify LSC immediately. Upon notification, LSC will issue new credentials as necessary to preserve the integrity and continuity of service.

    Failure to safeguard access credentials or maintain confidentiality may result in suspension or termination of service, and may also lead to legal action in the event of unauthorized disclosure or misuse of proprietary materials.

  37. Reinstatement of Service

    If a former client wishes to reinstate service following cancellation, reinstatement will be considered only if the client’s market remains available under Local Storm Center’s (“LSC”) active Market Exclusivity Policy. Reinstatement is not guaranteed and is subject to approval at LSC’s sole discretion.

    Returning clients may be required to:

    • Accept the most recent Terms of Service

    • Complete a new onboarding process

    • Pay the current service rates in effect at the time of reinstatement

    Any previously held legacy pricing, custom scripting, or prior service configurations are not guaranteed to carry over. If the client’s former market has since been assigned to another active, exclusive client, reinstatement will not be permitted under any circumstances.

  38. Personal Appearances and Live Events

    Personal appearances by Johnny Caudle or an authorized representative of Local Storm Center (“LSC”) may be available for station events, live remotes, sponsor activations, or community outreach. These appearances are offered as premium, add-on services and are not included in any standard forecast package. All appearance requests must be submitted in writing at least thirty (30) days in advance and are subject to approval based on scheduling availability, geographic feasibility, and market exclusivity. LSC reserves the right to accept, decline, or cancel any appearance request at its sole discretion, including due to scheduling conflicts, travel limitations, safety concerns, or other operational considerations.

    Appearances are informal and engagement-focused, typically involving light participation, photo opportunities, and distribution of LSC-branded promotional materials. Weather-related educational information (e.g., general forecasting tips, safety messaging, or broadcast insights) may be shared casually. However, formal weather presentations, scientific lectures, or structured educational programming will not be provided under any circumstances. While Johnny Caudle is a veteran weather broadcaster, he is not a certified meteorologist.

    For events located within approximately 100 miles of Kannapolis, North Carolina, the standard appearance fee is $250, which includes up to four (4) hours on-site. Additional time may be billed at $50 per hour. For events beyond 100 miles or requiring overnight travel, the appearance fee is $150 per day, and the Client is responsible for all reasonable and pre-approved travel expenses, including airfare, mileage, hotel accommodations, meals, ground transportation, parking, per diem, and return travel. All travel arrangements must be confirmed in writing prior to booking.

    The Client must provide the full event address and designate an on-site contact person who will be present for the duration of the appearance. LSC reserves the right to cancel or end an appearance if the location is deemed unsafe, inaccessible, or unsuitable, either in advance or upon arrival. In accordance with recognized weather safety protocols, if lightning is observed or detected within ten (10) miles of the event site, or if thunder is heard, the appearance will be immediately terminated. This safety policy is non-negotiable and strictly enforced, regardless of event type or sponsor expectations.

    If the Client cancels with fewer than fourteen (14) days’ notice, a $100 cancellation fee will be invoiced. If cancellation occurs after travel has commenced or on-site, the Client remains responsible for all non-refundable travel costs and any prepaid appearance fees. If LSC cancels due to illness, emergency, inclement weather, or other logistical disruption, no appearance fee will be charged, but any non-refundable travel expenses incurred will still be billed. If an outdoor event is rescheduled due to weather and LSC is unavailable on the new date, no additional appearance fee will apply, but the Client remains responsible for the original non-refundable travel costs.

    Photos, video footage, or audio recordings of Johnny Caudle or any LSC representative taken during an appearance may not be published, distributed, broadcast, or used for promotional or commercial purposes without prior written approval from LSC.

  39. Reference to Monthly Service Agreement

    The policies and guidelines presented in this proposal or service overview are intended to serve as plain-language summaries of key service expectations. However, the complete and legally binding terms and conditions—including those related to forecast delivery, billing procedures, cancellations, client responsibilities, intellectual property, and limitations of liability—are fully defined in the Local Storm Center Monthly Service Agreement.

    By using Local Storm Center (“LSC”) services, the Client acknowledges and agrees to be bound by all terms and conditions set forth in that agreement. A current version of the Monthly Service Agreement is provided during onboarding and is available to the Client upon request at any time.

  40. Authorized Representative

    Local Storm Center (“LSC”) is represented by Johnny Caudle, who serves as the owner, primary voice talent, and authorized business representative. All official business matters—including service agreements, client communications, payment coordination, policy enforcement, and contract interpretation—should be directed to Johnny Caudle.

    In the event that Mr. Caudle becomes incapacitated, unavailable, or otherwise unable to fulfill these responsibilities, a designated appointee selected by him shall assume temporary or permanent operational authority, solely for the purpose of ensuring continued service delivery or the orderly wind-down of operations, as applicable.

    The Client acknowledges and agrees that all service obligations and legal authority under this agreement reside with Johnny Caudle or his duly designated representative, as circumstances require.

  41. Waiver of Terms

    Local Storm Center (“LSC”) reserves the right, at its sole discretion, to waive or modify the application of any individual term or policy outlined in this agreement for specific clients or under specific circumstances. Any such waiver shall be considered temporary, case-specific, and non-precedential, unless expressly confirmed otherwise in writing by LSC.

  42. Agreement Acknowledgement

    By using the services of Local Storm Center (“LSC”), the Client expressly acknowledges that they have read, understood, and agreed to be bound by the full Terms of Service and Conditions of Use contained in this document. These Terms shall take effect upon the Client’s commencement of service and shall govern all aspects of the relationship between the Client and LSC, unless expressly superseded by a separate, duly executed written agreement.

    These Terms supersede any prior or contemporaneous verbal or written communications, proposals, representations, or understandings not expressly incorporated herein.

    Authorized by:
    Johnny Caudle
    Owner & Authorized Representative, Local Storm Center
    johnny@localstormcenter.com

    980-622-1067