1. Specific Weather5280, LCC Related Disclaimers. Subscriber acknowledges and understands the inherent lack of precise predictability of weather and climate conditions. We provide information on the Site, using the best tools available to us and our own professional expertise and we make every effort that we can to provide accurate and reliable information. Nevertheless, we do not and cannot make any express or implied warranties, guarantees or assertions that the weather information (including reports, forecasts and all other information) that we present will occur as stated or, in fact, has occurred.We have no responsibility or liability to Subscriber or to anyone else for any inconsistency, inaccuracy or omission in any part of the information that is presented on the Site.
2. Access. Access to the Site is contingent upon Subscriber providing all equipment necessary to access the internet, Products and/or services offered by us. Weather5280.com, and use of our Products and services through the Site is usually available 24 hours a day, 7 days a week, however, we reserve the right to make the Site unavailable from time to time for any reason and at any time without prior notice. Subscriber agrees that we shall not be liable for any damages arising from any interruption, suspension or termination of the Site. The Products supplied by us are made available on an electronic site in New York, NY or other sites we shall designate ("Designated Site"). Subscriber's options as to which Products are available, and how to move Products from the Designated Site to Subscriber's location or Subscriber's desktop computers and/or wireless or other handheld or mobile devices ("Hardware"), and/or to issue appropriate electronic commands to accept the Products at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Products and/or services selected by Subscriber and Subscriber's Hardware then in use. We make no guarantees that the Products and/or services selected by Subscriber will be operational with Subscriber's Hardware.
3. No Warranties/Limit of Liability. SUBSCRIBER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY WEATHER5280 ON AN "AS IS" BASIS. WEATHER5280 AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEATHER5280 AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. WEATHER5280 AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEATHER5280 OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WEATHER5280 AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO WEATHER5280 UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
4. Indemnification. Subscriber hereby agrees that it will well and truly indemnify and save harmless Weather5280 and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which Weather5280 or its Providers may sustain by reason of Subscriber's use of this Site, Subscriber's breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against Weather5280 arising from these Terms and Conditions.
6. Subscription Terms. Subscriber agrees to pay to us the fees stated or as specified from time to time for various fee-based Products and services available by or through Weather5280, and Subscribers are responsible for promptly paying for Weather5280 Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site.
7. Renewal Terms. Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber.
7. Refunds. No refunds will be offered after a Subscriber has elected into the Insider or Insider Pro memberships. Subscribers can cancel their plans at any time, and no additional payments will be charged.