These Terms and Conditions govern your use of all KSMI Weather products and services.
ADVISORY NATURE OF KSMI WEATHER SERVICES
By subscribing and/or signing on to this service, you acknowledge and agree that the Services are wholly advisory in nature and all actions and judgments taken with respect to the Services are your sole responsibility. KSMI Weather makes no representations with respect to the reliability, timeliness, predictive value or accuracy of the weather information contained within the Services and KSMI Weather shall not be responsible for errors resulting from any inaccurate, delayed, omitted, misstated, incorrectly displayed or other erroneous information. You acknowledge the inherent risk of relying upon weather data and forecasts and you are urged to verify the Services against other sources prior to use. KSMI Weather does not guarantee that the content of Services will remain the same over time.
Terms and Conditions for Use of KSMI Weather Services
You acknowledge and agree that the KSMI Weather information including severe weather forecasts is wholly advisory in nature and based upon various data sources including publicly accessible weather model data. You should check and verify KSMI Weather information in all cases against other sources prior to use and you are solely responsible for use of the information. You agree that under no circumstances should you or your team make a decision based solely or primarily on KSMI Weather information. KSMI Weather MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND, INCLUDNG BUT NOT LIMITED TO THE WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE INFORMATION. KSMI Weather shall not be responsible for any errors, delays, inaccuracies or omissions in the information. In no event shall KSMI Weather be liable for any special, incidental, consequential, exemplary or punitive damages, or damages from lost profits [despite the possibility that such damages are or may be known to KSMI Weather] whether arising out of breach of contract, negligence, tort or any other case of actions relative to the providing of information hereunder.
EXCEPT FOR WILLFUL MISCONDUCT ON THE PART OF KSMI WEATHER, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND KSMI WEATHER FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS DEMANDS, EXPENSES [INCLUDING REASONABLE ATTORNEY’S FEES] OR LIABILITIES OF WHATEVER NATURE OR KIND ASSERTED BY OR SUFFERED OR INCURRED BY THIRD PARTIES ARISING OUT OF THE USE BY YOU OF KSMI WEATHER INFORMATION.
If you do not agree to these Terms and Conditions, please immediately discontinue your use of the Services.
You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Services features, content, functionality or aspect in our sole discretion without notice to you.