"Weather Forecast(s)" as used herein shall mean weather data, information, observations, forecasts or predictions including without limitation past, present or expected weather, climatic and environmental events or conditions that occur above, on or at the surface of the earth, weather advise or consulting, pavement (roadway or runway) specific forecasts, which are derived, created, generated or produced by Surface Systems, Inc. ("SSI"), its employees or authorized representatives, and are provided, delivered or recorded in whatever form, manner or medium including, without limitation, written, electronic or oral, and all copies of thereof.
You agree that all Weather Forecasts will be used solely and exclusively by you, your company, department or agency, and your employees and officers ("You" or "Your") . Under no circumstances will You engage in any form of redistribution or retransmission of Weather Forecasts to any third parties or entities including corporations affiliated with, controlled by or under common control with You and including any other political entity within the same state or to any other state or political subdivisions or any electronic distribution or retransmission of SSI supplied Weather Forecasts.
You agree that at all times the Weather Forecasts shall remain the sole and exclusive property of SSI and shall be free from any claim or right, license, title or interest by You.
You acknowledge and agree that the Weather Forecasts accessed and viewed by You are wholly advisory in nature and all actions and judgments taken with respect to the Weather Forecasts are Your sole responsibility. Although SSI has no reason to believe that its Weather Forecasts contain any inaccuracies or defects, SSI assumes no responsibility for the accuracy of the Weather Forecasts. SSI is not responsible for errors resulting from omitted, misstated or erroneous information or assumptions, and You are urged to verify the Weather Forecasts against other sources prior to use. Since SSI relies upon third parties such as the National Weather Service for weather data, SSI can not guarantee that the content of the Weather Forecasts will remain the same over time.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO WEATHER FORECASTS, OR SERVICES RENDERED BY SSI, AND ACCORDINGLY, THE WEATHER FORECASTS AND SERVICES RENDERED BY SSI ARE PROVIDED "AS IS". SSI MAKES NO EXPRESSED OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE OR OF MERCHANTABILITY (WHICH ARE DISCLAIMED). SSI ASSUMES NO RESPONSIBILITY WITH RESPECT TO THE USE BY YOU OR YOUR EMPLOYEES OR CLIENTS OF THE WEATHER FORECASTS. SSI SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE RESULTING IN WHOLE OR IN PART FROM ACTS OF GOD OR CIVIL OR MILITARY AUTHORITIES, FIRE, COMMUNICATIONS OR TRANSMISSION PROBLEMS, COMPUTER MALFUNCTIONS, ACCIDENTS INVOLVING MOTOR VEHICLES OR AIRCRAFT OR ANY CAUSE OF A SIMILAR OR DIFFERENT NATURE BEYOND THE CONTROL OF SSI TO PREVENT.
YOU ACKNOWLEDGE THAT THERE ARE SUBSTANTIAL RISKS INHERENT IN PROVIDING WEATHER FORECASTS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, OR THE FORUM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT BY YOU OR ANY THIRD PARTY AGAINST SSI, YOU AGREE THAT SSIíS LIABILITY, IF ANY, TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, CLAIM, LIABILITY OR EXPENSE, OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE PERFORMANCE OR NON PERFORMANCE OF SSI, OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF SSI SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PRICE PAID BY YOU TO SSI FOR THE WEATHER FORECASTS. IN NO EVENT SHALL SSI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS OR DAMAGES FROM LOSS OF USE OR DATA (DESPITE THE FACT THAT THE POSSIBILITY OF SUCH DAMAGES ARE OR MAY BE KNOWN TO SSI), WHETHER ARISING OUT OF BREACH OF AGREEMENT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF SSI.