1.SERVICES TO BE PROVIDED BY BARON: Subject to the limitations set forth herein, Baron shall provide the Subscriber SAF-T-Net data on communication channels designated by the Subscriber in this Agreement.
2.DISCLAIMER OF WARRANTY: BARON DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESSED OR IMPLIED OF ANY KIND WHATSOEVER, WITH RESPECT TO THE INFORMATION OR DATA TO BE SUPPLIED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER BARON NOR ANY PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE DATA SHALL BE LIABLE FOR ANY DIRECT, OR INDIRECT OR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SAF-T-NET DATA, EVEN IF BARON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAF-T-NET DATA IS BEING PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND BARON DOES NOT REPRESENT THAT THE SAF-T-NET DATA WILL NEVER BE SUSPENDED, RELOCATED, TERMINATED, OR TEMPORARILY UNAVAILABLE.
3.LIMITATION OF LIABILITY: Weather-related data is obtained from various sources and is transmitted to a central collector and broadcast point. Equipment failure, accidental damage, vandalism, acts of God, and other circumstances beyond the control of Baron, may interrupt service. Baron agrees only that it will utilize its best efforts to provide continuous, uninterrupted service to Subscriber but does not warrant or guarantee that there will be no interruption in service. Subscriber agrees that Baron shall not be liable in any fashion or manner for any damage, loss, cost or liability incurred by Subscriber which may arise out of or result from an interruption of service. Baron assumes no responsibility for and Subscriber releases and discharges Baron from any and all liability or damages, whether direct or indirect, consequential, incidental, express or implied, for predicting actual weather patterns, from the use or reliance upon any weather data, use of the SAF-T-Net data, any Baron provided data, or any resultant injury, death or damage to any person or property there from. Subscriber releases and discharges Baron, its directors, officers, agents, and employees from any and all liabilities, damages, losses, expenses, demands, claims, suits, or judgments, including reasonable attorney fees and expenses, for the death of, or bodily injury to any person, and for the loss of, damage to, or destruction of any property in any manner arising out of the use of the SAF-T-Net data by the Subscriber, its agents, employees or any person to or for whom Subscriber may be responsible. Subscriber agrees to indemnify, defend and hold harmless Baron, its assigns, its officers, directors, employees, and its affiliates against any and all damages, claims, losses, costs and expenses (including reasonable attorney's fees) arising out of or related to Subscriber's use or misuse of SAF-T-Net data.
4.TERMINATION: Either party may terminate this Agreement at any time.
5.TEXT MESSAGE CHARGES: Normal text message rates apply to all messages received from SAF-T-Net.
6.USAGE: SAF-T-Net data may not be retransmitted, resold or redistributed for any reason without the express written permission of Baron.
7.CONSTRUCTION and JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its choice of law provisions. Subscriber consents to the personal jurisdiction and venue of the Courts of the State of Alabama and the U.S. District of Court for the Northern District of Alabama. Subscriber hereby irrevocably submits to the sole and exclusive jurisdiction of such courts and waives any present and future objection Subscriber may have to either the jurisdiction or venue of such courts.
8.PERSONAL INFORMATION: Baron collects personal information from Subscribers upon registration. The personal information includes name, organization, title, address, phone number, and email address. Subscriber hereby acknowledges that Baron may share such personal information with the Baron affiliate that initiates the Subscriber's registration.