Weather data warranty – Garmin GPSMAP 190-00683-00 User Manual

Page 143

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.

GPSMAP 378/478 Owner’s Manual

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