LACROSSE TECHNOLOGY, LTD., ("LA CROSSE") PROVIDES A WIRELESS REMOTE MONITOR FOR DETECTING WATER, WIND, RAIN, MOTION, TEMPERATURE, AND HUMIDITY (THE "PRODUCT"), INTERNET SERVICES, AND SEPARATE SERVICE EXPANSION OPTIONS FOR THE PRODUCT SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT"). PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. AS USED IN THIS AGREEMENT, "YOU" AND "YOUR" REFER TO THE PERSON AND OR ENTITY USING THE PRODUCT. BY CLICKING THE "AGREE" CHECKBOX, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO CONTINUE. NOTWITHSTANDING THE FOREGOING, USING THE PRODUCT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
- Disclaimer YOU AGREE THAT ALL USE OF THE LA CROSSE DATA AND ANY OTHER CONTENT AVAILABLE THROUGH THE LA CROSSE PRODUCT OR SERVICE SHALL BE AT YOUR SOLE RISK. LA CROSSE PROVIDES ALL DATA ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. LA CROSSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH LA CROSSE PRODUCT OR SERVICES. LA CROSSE MAKES NO REPRESENTATION OR WARRANTY: (i) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF DATA; (ii) THAT THE DATA WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; OR (iii) THAT ERRORS OR DEFECTS RELATED TO THE PRODUCT OR SERVICE WILL BE CORRECTED; (iv) THAT THE PRODUCT OR THE SERVICE WILL NOT BE DISABLED, COMPROMISED OR CIRCUMVENTED; (v) THAT THE PRODUCT OR SERVICE WILL PREVENT ANY LOSS OF PROPERTY OR PERSONAL INJURY; AND (vi) THAT THE PRODUCT AND SERVICE WILL IN ALL CASES PROVIDE THE DETECTION FOR WHICH IT IS INSTALLED. LA CROSSE ALSO DOES NOT WARRANT THAT THE DATA IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. LA CROSSE MAKES NO WARRANTY THAT THE SERVICES OR PRODUCT, OBTAINED OR PURCHASED, WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE PRODUCT WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, LA CROSSE MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, AND IT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, OR OMISSION FOR DATA, RSS FEEDS, WEATHER, OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING, OR OCCURRED. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS, AND OTHER COMMUNICATIONS CONCERNING SERIOUS WEATHER. YOU SHOULD KEEP ADVISED OF THE SAME. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. YOU BEAR THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE PRODUCTS AND THE SERVICES.
- Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LA CROSSE, ITS SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS AGREEMENT, THE USE OF THE DATA, OR THE PERFORMANCE OR NONPERFORMANCE OF THE PRODUCT OR SERVICES REGARDLESS OF THE FORESEEABILITY THEREOF. IN NO EVENT SHALL LA CROSSE TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE AMOUNT OF MONIES PAID FOR THE PRODUCT AND ANY EXPANSION OPTIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Termination This Agreement may be terminated if situations are out of our control at any time for any reason by La Crosse.
- Amendment and Modification La Crosse may amend or modify the terms of this Agreement at any time for any reason without your consent and such amendment or modification will be binding.
- Events Beyond La Crosse Control La Crosse shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including without limitation, third party transmission intermediaries to perform, continue, or renew their contractual arrangements with La Crosse, nor the inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of La Crosse.
- Assignment La Crosse may assign this Agreement without your consent.
- Jurisdiction and Disputes This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. Should it be necessary to institute an action to enforce any of the terms contained in this Agreement, you agree said action shall and must be instituted in Hennepin County District Court, State of Minnesota. You hereby waive any and all defenses based on lack of personal jurisdiction or forum non convenience, and any right to recover statutory attorneys' fees.
- Survivorship The requirements and limitations set forth in Sections 1 and 2 of this Agreement shall survive termination of this Agreement for any reason.