Weather Data Warranty
THE WEATHER DATA SOFTWARE PRODUCT IS PROVIDED
"AS IS." ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OF NON-INFRINGEMENT ARE HEREBY
EXCLUDED.
User Safety Information
If you use SiriusXM Services it is your responsibility to exercise
prudent discretion and observe all safety measures required by
law and your own common sense. You assume the entire risk
related to your use of the Services. SiriusXM and Garmin
assume no responsibility for accidents resulting from or
associated with use of the Services. Your Radio Service
includes traffic and weather information, and you acknowledge
that such information is not for "safety for life", but is merely
supplemental and advisory in nature, and therefore cannot be
relied upon as safety-critical in connection with any aircraft, sea
craft or automobile usage. This information is provided "as is"
and SiriusXM and Garmin disclaim any and all warranties,
express and implied, with respect thereto or the transmission or
reception thereof. SiriusXM and Garmin further do not warrant
the accuracy, reliability, completeness or timeliness of the traffic
and weather information disclosed on the Radio Service. In no
event will SiriusXM and Garmin, their data suppliers, service
providers, marketing/distribution, software or Internet partners
or hardware manufacturers be liable to you or to any third party
for any direct, indirect, incidental, consequential, special,
exemplary or punitive damages or lost profits resulting from use
of or interruptions in the transmission or reception of the
Services.
LIMITS ON OUR RESPONSIBILITY
a) DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE
NO WARRANTY OR REPRESENTATION, EITHER EXPRESS
OR IMPLIED, REGARDING THE RADIO SERVICE. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
CONTENT AND FUNCTIONALITY OF THE SERVICE IS
PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED. ALL SUCH WARRANTIES OR
REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT) ARE HEREBY DISCLAIMED.
b) LIMITATIONS OF LIABILITY.
WE ARE NOT RESPONSIBLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES
RELATING TO THE USE OF THE RADIO SERVICE,
WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR
TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS
RECEIVING OUR SERVICES, REGARDLESS OF THE
CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT
YOU HAVE PAID TO US FOR THE SERVICE THAT YOU
RECEIVED DURING THE SIX (6) MONTH PERIOD
IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT
GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS
ALLOCATION OF RISK IS REFLECTED IN OUR PRICES.
YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED
ABOVE UNDER YOUR STATE'S LAWS.
This product was developed using DAFIF™, a product of the
National Geospatial-Intelligence Agency.
This product has not been endorsed or otherwise approved by
the National Geospatial-Intelligence Agency, or the United
States Department of Defense (10 U.S.C. 425).
a. Under 10 U.S.C. 456, no civil action may be brought against
the United States on the basis of the content of a navigational
aid prepared or disseminated by either the former Defense
SiriusXM Radio
Mapping Agency (DMA), National Imagery and Mapping Agency
(NIMA), or the National Geospatial-Intelligence Agency (NGA).
b. The DAFIF product is provided "as is," and no warranty,
express or implied, including, but not limited to the implied
warranties of merchantability and fitness for particular purpose
or arising by statute or otherwise in law or from a course of
dealing or usage in trade, is made by NGA as to the accuracy
and functioning of the product.
c. Neither NGA nor its personnel will be liable for any claims,
losses, or damages arising from or connected with the use of
this product. The user agrees to hold harmless the United
States National Geospatial-Intelligence Agency. The user's sole
and exclusive remedy is to stop using the DAFIF product. This
product was developed using DAFIF, a product of the National
Geospatial-Intelligence Agency.
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