TERMS OF SERVICE FOR LOCAL STORM CENTER

Terms of Service for Local Storm Center

Effective Date: September 9, 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 utilizing any weather forecast services provided by LSC, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms in their entirety, including any additional terms referenced herein or incorporated by hyperlink.

    These Terms govern all aspects of the services provided and set forth the respective rights, responsibilities, and obligations of both parties. They are intended to ensure transparency, consistency, fairness, and mutual accountability in the delivery and use of forecast content.

    Clients are required to review and accept these Terms prior to the commencement of services. Continued use of LSC’s services shall constitute ongoing acknowledgment and acceptance of these Terms, including any amendments that may be made from time to time with reasonable notice, except where 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 the commencement of services. For 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, and 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 and incorporating the Client’s station branding and any applicable formatting preferences.

    All forecasts are produced in advance and delivered in MP3 digital audio format, which is the standard delivery format of LSC. Alternative file formats, including but not limited to WAV, may be provided only upon prior written agreement between LSC and the Client.

    Forecast content is licensed exclusively for the Client’s authorized on-air broadcast use. Redistribution, sublicensing, editing, alteration, or repurposing of content in any form without the prior written consent of LSC is strictly prohibited. Any unauthorized use constitutes a material 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 in MP3 format and assumes full responsibility for its lawful and appropriate use. This includes, but is not limited to, compliance with all applicable laws, regulations, and industry standards, such as the rules of the Federal Communications Commission (FCC), automation system compatibility requirements, and any relevant local or organizational content policies. The Client further agrees to maintain adequate automation, FTP, or delivery systems capable of timely upload, overwrite, and replacement of forecast files, and acknowledges that LSC shall not be liable for delivery delays or playback failures caused by deficiencies in the Client’s systems.

    All forecast content is pre-recorded and is 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 remains solely responsible for maintaining all real-time emergency alert capabilities, including but not limited to Emergency Alert System (“EAS”) equipment and integration with official National Weather Service (“NWS”) alert sources.

  3. Monthly Service Agreement

    All clients receive services pursuant to a separate Monthly Service Agreement, which specifies the forecast package, delivery method, billing terms, and any custom service elements. Each Monthly Service Agreement is intended to supplement, and not replace, these Terms of Service. Together, the Monthly Service Agreement and these Terms 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 control, 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”) engages certain trusted third-party providers. These may include, but are not limited to:

    • Stripe – secure online payment processing

    • Squarespace – website hosting and client account access

    • Dropbox, cPanel-based FTP systems, and email services – delivery of forecast files and related communications

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

    LSC expressly disclaims all liability for any damages, losses, delays, interruptions, or failures in service caused in whole or in part by third-party providers, including but not limited to system outages, unauthorized access, data breaches, or technical malfunctions. The Client acknowledges that such risks are inherent in the use of third-party platforms and agrees that LSC’s obligations shall be considered fully satisfied upon timely and proper delivery of forecast content to the designated third-party system.

    Clients are strongly encouraged to review the applicable terms and policies of these providers to 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 by 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.

    The Client bears sole responsibility for ensuring that all contact information on file with LSC is accurate, current, and accessible. LSC shall not be liable for any delay, failure of delivery, or miscommunication resulting from outdated, incorrect, blocked, or otherwise inaccessible contact details supplied by the Client.

    Verbal communications—including but not limited to voicemails, in-person conversations, or messages sent via social media or third-party messaging platforms—shall not be considered valid, binding, or actionable unless expressly confirmed in writing by LSC. For any notice, request, or service-related matter to be recognized as official, it must be transmitted through, or expressly acknowledged by LSC via, an approved written communication channel (i.e., 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. All forecasts are delivered as digital audio files in MP3 format, which constitutes the standard delivery format of LSC. Forecasts are distributed via email, Dropbox, or FTP, as designated by the Client.

    All forecast content is produced in advance and is 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 exclusively 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 when operationally feasible, but such updates are offered strictly on a best-effort basis and are not guaranteed.

    The timely delivery and updating of forecast content is dependent upon the Client’s technical 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, processing, and broadcasting time-sensitive forecast content.

    The Client further acknowledges and accepts sole responsibility 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, compliance failures, or other consequences 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 through 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 applicable 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—the 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.

    The Client bears sole responsibility for ensuring that all payment information on file remains accurate and up to date. To update billing details or cancel recurring payments, the Client must notify LSC in writing (via email) no less than 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 which the Client will remain responsible.

    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.

    All payments are due in full by the 25th day of each billing month. A late fee of ten dollars ($10.00) will be added to the Client’s next invoice if payment is not received by 11:59 PM Eastern Time on the due date. If payment is not received by the final calendar day of the month, services will be suspended beginning on the first day of the following month and shall remain suspended until all outstanding amounts are paid in full. No refunds, proration, or partial credits will be issued under any circumstances.

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

  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 all account credentials, as well as 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, liability, or unauthorized use arising from the Client’s failure to properly safeguard their login information.

    LSC reserves the right, in its sole discretion, to suspend, restrict, or terminate account access at any time, including but not limited to instances of misuse, nonpayment, violation of these Terms, or security-related concerns. Such actions may be taken immediately and without prior notice if LSC determines that doing so is necessary to protect system integrity, client data, or the continuity of services.

  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. When substitutions occur, LSC will make every reasonable effort to preserve consistency in tone, clarity, and delivery to ensure a seamless listener experience.

    LSC may also 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, and that 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 the 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 acknowledgment, or promotional language.

    (b) Station-produced announcements, live reads, pre-rolls, post-rolls, or adjacent content that implies the forecast is sponsored, underwritten, or otherwise provided 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 substantially similar attribution associating 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 manner that implies sponsorship, the sponsored package rate shall apply to the Client’s entire service package, irrespective of how many other forecasts remain unsponsored.

    LSC shall make the final determination as to whether a forecast qualifies as “sponsored” under this policy. 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. LSC will, however, work in good faith with Clients to clarify questions or address edge cases prior to enforcing adjustments.

  11. Sponsored Forecast Policy (Legacy Exception)

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

    LSC reserves the right to reevaluate a Client’s eligibility for this legacy exception at any time if material changes occur 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; or

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

    If LSC determines that a material change affects eligibility for the legacy exception, the Client shall receive written notice at least thirty (30) days prior to the effective date of any proposed billing or service modification.

    This legacy exception is subject to periodic review and may be discontinued in full after December 31, 2026, at LSC’s sole discretion. Should LSC elect to sunset legacy exemptions, all qualifying Clients shall receive no less than sixty (60) days’ written notice and the opportunity to transition to current service tiers without immediate disruption.

  12. Volunteer Weather Contributors

    Local Storm Center (“LSC”) 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 other operational needs.

    Volunteers participate strictly on a voluntary basis and shall not receive wages, stipends, benefits, or any other form of compensation. Participation does not create, and shall not be construed as creating, an employment, contractor, agency, or partnership relationship with LSC. Volunteers may not represent themselves as employees, agents, or authorized representatives of LSC in any capacity.

    By submitting content, each Volunteer grants LSC a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, edit, distribute, transmit, and publicly perform the submitted material across all platforms and channels utilized by LSC, including but not limited to broadcast radio, digital media, and social platforms. This license survives termination of volunteer participation.

    All submitted content must meet LSC’s editorial standards, voice quality expectations, formatting requirements, and accuracy thresholds. Submissions may be reviewed, edited, declined, or withheld from use at LSC’s sole discretion. Volunteers agree to comply with all guidelines, instructions, and deadlines provided by LSC, and may not use LSC branding, music beds, trademarks, or other intellectual property without prior written authorization.

    Volunteer participation is non-guaranteed and may be terminated by LSC at any time, with or without cause, and with or without notice. LSC does not guarantee airtime, attribution, credit, or continued opportunities for any Volunteer.

  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 MP3 digital audio format. 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, provide limited technical assistance. However, full responsibility for system integration, performance, and ongoing troubleshooting shall remain 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 such custom elements while maintaining 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, liabilities, 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 otherwise does not meet expectations, the Client must notify LSC promptly upon discovery. LSC shall not be responsible for 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 bear sole responsibility for ensuring that all broadcast content, including underwriting acknowledgments, complies fully with applicable FCC rules and regulations. This includes, but is not limited to, restrictions on promotional language, price references, calls to action, inducements to purchase, and comparative or qualitative claims.

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

    By continuing to use services provided by LSC, all NCE Clients expressly acknowledge these limitations and assume full and exclusive responsibility for regulatory compliance associated with 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 represents the maximum number of daily reports permitted under Local Storm Center’s (“LSC”) current scheduling capacity. Requests for additional forecasts beyond this limit will 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 offered to new clients as of July 1, 2025, and remain available only 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. When feasible, LSC will make reasonable efforts to notify affected legacy clients in advance.

    All services are provided 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 MP3 weather audio that integrates seamlessly with station programming and sponsor messaging.

  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 constitute valid cancellation notice and will not be recognized by LSC.

    Once a billing month has commenced, the Client shall remain 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. Billing shall continue automatically each month unless and until valid written cancellation notice is provided by the Client via email or text message. This policy ensures consistency and fairness across all client accounts and supports LSC’s operational stability.

    Prior to the commencement of service, each Client must agree to a Monthly Service Agreement, which sets forth 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 written correspondence. Verbal agreements or implied arrangements shall not be considered valid or enforceable.

    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, together with these Terms of Service, which collectively constitute the complete and binding agreement between the Client and LSC.

  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 have been confirmed, LSC will issue a Monthly Service Agreement via email. Upon the Client’s formal acceptance of the agreement, forecast delivery will commence in accordance with the mutually agreed-upon schedule and technical specifications.

    Most stations are fully onboarded and broadcasting forecasts within two (2) to four (4) weeks, depending on how promptly service details are finalized. Open and timely communication from the Client is strongly encouraged to 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, for any reason, and 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, service may be discontinued without refund if continuation becomes impracticable or impossible.

    Any disruption, delay, or interruption in service—whether caused by technical failures, power outages, equipment malfunctions, staff unavailability, emergencies, natural disasters, or other circumstances beyond LSC’s reasonable 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 remains committed to maintaining reliability but shall not be liable for failures or delays resulting from 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

    Invoices are issued via email each month, typically on the last day of the current month or the first day of the following 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 ten dollars ($10.00) 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 Eastern Time on the final 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 any suspension period. Service will resume only after 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 failure to respond to billing-related communications. Reasonable efforts will be made to contact the Client prior to permanent termination.

    Invoices will be delivered to the most recent email address on file. The Client bears sole responsibility for monitoring that inbox and ensuring timely payment. Accepted payment methods include:

    • 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 must use one of the supported payment methods to ensure timely and accurate processing.

  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 shall apply to the first invoice issued after the expiration of the notice period.

    If the Client does not wish to continue service at the revised rate, the Client may cancel service prior to the effective date of the adjustment by providing valid written notice in accordance with these Terms. If no such cancellation is received, the Client’s continued use of the service shall constitute acceptance of the revised pricing.

    No retroactive pricing adjustments, credits, or exceptions will be made 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 circumstance beyond the reasonable control of Local Storm Center (“LSC”), every reasonable effort will be made to resolve the issue and deliver the content as promptly as possible.

    LSC does not guarantee uninterrupted service. Missed or delayed forecasts shall not entitle the Client to a refund, service credit, discount, or billing adjustment. In the event of an extended or repeated delivery failure, LSC may, at its sole discretion, offer a courtesy adjustment or goodwill accommodation; however, such accommodations shall not create any obligation or precedent for future circumstances.

    By using LSC services, the Client acknowledges and agrees to these limitations as a standard condition of the service model and accepts 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 the implementation of 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 further 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, defend, and hold harmless LSC, its officers, employees, and representatives from and against any and all claims, damages, losses, liabilities, costs, or operational disruptions arising out of or related to 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 completely free from error, delay, or deviation from actual conditions.

    LSC forecasts are provided solely for general informational purposes and scheduled broadcast use. They are not a substitute for official government-issued warnings, emergency alerts, or real-time monitoring systems. Clients and their audiences 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 and exclusive responsibility for ensuring that all emergency preparedness, public safety, and regulatory obligations are fulfilled through appropriate real-time alerting systems and official channels. LSC shall not be liable for any claims, damages, losses, liabilities, or consequences arising from reliance on forecast content in place of official sources.

  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 bears sole responsibility 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 set forth in 47 C.F.R. Part 11.

    LSC shall have no liability whatsoever for a Client’s failure to comply with EAS requirements, nor for any fines, penalties, enforcement actions, or operational consequences arising from the absence or malfunction 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 that must be maintained independently in accordance with all applicable federal, state, and local laws and regulations.

  26. Force Majeure

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

    In the event of a force majeure occurrence, LSC will make reasonable efforts to resume service as promptly as practicable under the circumstances. However, LSC shall not be liable for any losses, damages, delays, or disruptions—whether direct, indirect, incidental, consequential, or otherwise—arising out of or relating to such 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, together with its owners, officers, employees, agents, affiliates, successors, and representatives, from and against any and all claims, liabilities, damages, losses, penalties, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the use, broadcast, modification, misrepresentation, or redistribution of LSC forecast content.

    This indemnification obligation applies regardless of whether the forecast content is used in its original form or altered in any manner, and includes, without limitation, claims resulting from:

    • Automation or playback errors;

    • Unauthorized editing, alteration, or repurposing of audio files;

    • Sponsor conflicts, commercial disputes, or attribution errors;

    • Failure to comply with Federal Communications Commission (“FCC”) rules or other applicable regulatory requirements; or

    • Listener misunderstanding, 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 such content is used, scheduled, modified, presented, or distributed on air, online, or through any other medium, and acknowledges that LSC shall not be liable for any consequences arising from such Client-controlled use.

  28. Content Review and FCC Responsibility

    Local Storm Center (“LSC”) makes every reasonable effort to deliver clean, professional, and compliant forecast content. However, minor variations or unintended inconsistencies may occur from time to time. LSC shall not be 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 bears sole responsibility for reviewing all forecast content prior to broadcast to ensure compliance with applicable regulatory, legal, and editorial requirements. This responsibility applies to all content produced and delivered by LSC, regardless of format or method of delivery.

    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 the concern 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 and expenses incurred by LSC in enforcing collection, including but not limited to collection agency fees, attorneys’ fees, court costs, filing fees, accrued interest, and any related administrative or legal expenses arising from 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 such courts and expressly 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 active 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, distorted, or adapted in any manner inconsistent with the Local Storm Center Brand Kit or LSC’s written guidelines.

    Use of LSC branding assets is strictly limited to the Client’s licensed broadcast station(s) and affiliated promotional materials directly related to LSC forecast content. Any other use—including but not limited to use by third parties, unrelated programming, outside vendors, or non-affiliated media channels—is expressly prohibited without LSC’s prior written consent.

    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 shall constitute unauthorized use and may result in legal action, including but not limited to enforcement of trademark, copyright, and other applicable intellectual property rights.

  31. Market Exclusivity Policy

    To preserve the value of its services and support market differentiation for participating broadcasters, 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 shall be determined by LSC in its sole discretion, based on commonly accepted industry metrics, including Nielsen DMAs and signal overlap zones.

    This exclusivity policy applies only to new clients who commence 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 policy retroactively and may continue service uninterrupted, even where overlap exists with new applicants.

    If two or more prospective clients request service within the same defined market, availability shall be granted on a first-come, first-served basis, as determined by the date and time of a fully executed Monthly Service Agreement. Once a market has been assigned, LSC shall not provide identical or equivalent services to competing stations within that market area.

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

  32. Terms Acceptance and Revisions

    All terms and conditions set forth in this document are final, non-negotiable, and legally binding upon the Client’s use of Local Storm Center (“LSC”) services. By engaging 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 valid, recognized, or enforceable unless expressly confirmed in a written instrument issued 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. The Client’s continued use of LSC services following such notice shall constitute conclusive 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, negotiations, or agreements, whether oral or written.

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

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

  34. Authorized Use and Redistribution

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

    The redistribution, resale, rebroadcast, sublicensing, syndication, duplication, or sharing of LSC content—whether in whole or in part, edited or unedited—is strictly prohibited. This prohibition extends to use by unaffiliated stations, networks, websites, mobile applications, social media platforms, or any third-party entity not expressly authorized in the Client’s service agreement.

    Any unauthorized use, duplication, or distribution of LSC content shall constitute a material breach of these Terms and may result in the immediate suspension or termination of service. LSC further reserves the right to pursue legal action, including but not limited to enforcement of intellectual property rights, recovery of damages, and injunctive relief.

  35. Disclaimer of Use and Emergency Reliance

    All forecast content provided by Local Storm Center (“LSC”) is licensed solely for general informational purposes 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 have no liability whatsoever for any claims, injuries, damages, delays, losses, liabilities, or consequences arising from the use, interpretation, or reliance on forecast content—whether by the Client, its personnel, or its audience.

    Clients and the public are strongly advised to rely on authoritative 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 as a fundamental condition of service.

  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, delivery access details, and any related business information—are deemed confidential and proprietary. Such materials are provided solely for the Client’s internal use in connection with the authorized receipt and broadcast of LSC services.

    These materials shall not be shared, disclosed, published, copied, distributed, or forwarded to any third party—including but not limited to advertisers, vendors, contractors, or other broadcasters—without the express prior written consent of LSC.

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

    Failure to safeguard access credentials or maintain confidentiality shall constitute a material breach of this agreement and may result in immediate suspension or termination of service. LSC further reserves the right to pursue legal action, including but not limited to claims for damages and injunctive relief, in the event of unauthorized disclosure, misuse, or misappropriation of proprietary materials.

  37. Reinstatement of Service

    If a former client seeks to reinstate service following cancellation, reinstatement shall 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 shall be subject to LSC’s sole discretion.

    As conditions of reinstatement, returning clients may be required to:

    • Accept and agree to the most current Terms of Service;

    • Complete a new onboarding process; and

    • Pay the prevailing service rates in effect at the time of reinstatement.

    Any previously granted legacy pricing, custom scripting, branding accommodations, or prior service configurations shall not be presumed to continue and will not be reinstated unless expressly agreed in writing by LSC. If the client’s former market has since been assigned to another active, exclusive client, reinstatement shall not be permitted under any circumstances.

  38. Personal Appearances and Live Events

    Personal appearances by Johnny Caudle or another authorized representative of Local Storm Center (“LSC”) may be available for station events, live remotes, sponsor activations, or community outreach. Such appearances are offered solely 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, in its sole discretion, to accept, decline, or cancel any appearance request, including but not limited to cancellations due to scheduling conflicts, travel limitations, safety concerns, or other operational considerations.

    Appearances are intended to be 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 informally. Formal weather presentations, scientific lectures, or structured educational programming will not be provided under any circumstances. While Johnny Caudle is an experienced 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 covers up to four (4) hours on-site. Additional time may be billed at $50 per hour. For events located more than 100 miles from Kannapolis, or those requiring overnight travel, the appearance fee is $150 per day, and the Client shall be 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 and associated expenses 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 terminate 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 once on-site, the Client shall remain 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; however, any non-refundable travel expenses incurred shall remain the responsibility of the Client. 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 shall remain responsible for the original non-refundable travel costs.

    No photos, video footage, or audio recordings of Johnny Caudle or any LSC representative taken during an appearance may be published, distributed, broadcast, displayed, sold, licensed, or otherwise used for promotional, commercial, or advertising purposes without the express prior written consent of LSC.

  39. Reference to Monthly Service Agreement

    The policies and guidelines presented in this proposal or service overview are intended solely as plain-language summaries of key service expectations. The complete, final, and legally binding terms and conditions—including those governing forecast delivery, billing and payment procedures, cancellations, client responsibilities, intellectual property, and limitations of liability—are set forth exclusively in the Local Storm Center (“LSC”) Monthly Service Agreement.

    By using LSC services, the Client expressly acknowledges and agrees to be bound by all terms and conditions contained in the Monthly Service Agreement. A current version of the Monthly Service Agreement is provided to each Client during onboarding and remains 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—shall be conducted through 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, as appropriate, solely for the purpose of ensuring continuity of service or the orderly wind-down of operations.

    The Client acknowledges and agrees that all service obligations, decision-making authority, and legal capacity 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, in its sole discretion, to waive or modify the application of any individual term, condition, or policy in this agreement for a specific client or under specific circumstances. Any such waiver shall be valid only if expressly granted by LSC, shall be limited to the particular instance for which it is given, and shall not constitute or be construed as a continuing waiver or a precedent for any future circumstance, unless expressly confirmed 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 and replace any prior or contemporaneous verbal or written communications, proposals, representations, negotiations, or understandings not expressly incorporated herein.

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

    980-622-1067