Weather data warranty, Weather.data.warranty, User safety – Garmin GVN 52 User Manual

Page 50: Limits on our responsibility

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GVN 52 Owner’s Manual

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PPendiX

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

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