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
If you use XM 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. XM 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 XM and Garmin disclaim any
and all warranties, express and implied, with respect thereto or the transmission
or reception thereof. XM 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 XM 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
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GPSMAP 396 Pilot’s Guide
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