Disclaimer of Warranty; Limitation of Liability
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- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEATHER OBSERVATORY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE WEATHER OBSERVATORY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
Indemnification. You agree to defend, indemnify and hold harmless The Weather Observatory and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.
- Links. The Services incorporate links to other Web sites. The Weather Obseravtory does not in any way endorse, nor is it responsible for, the content on those other Web sites.
- Viruses. The Weather Observatory also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
Other: The content of these web pages are for personal use and may not be re-sold or used commercially. The graphics and data are intended to be used by meteorologists, weather enthusiasts, general public, emergency management, and other. Every attempt has been made to provide these data in as near to real time as possible. However, there is no expressed or implied guarantee that the information will be either accurate or timely or fit for any particular purpose. If an obvious outage exists for a long period, then please email me as I may not be aware that a problem exists. If you require absolutely reliable weather data, then you should consider commercial weather vendors since The Weather Observatory and/or Beau Dodson is not an operational distributor of these data. For the most up to date watches and warnings please visit your local National Weather Service or NOAA web-site. NOAA.GOV
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