OCENS FlyCast Aviation Weather for Satellite Devices
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TERMS AND CONDITIONS 1) User recognizes their purchase of OCENS FlyCast WorldWide Weather for your satellite device should be followed by steps with your device to request and receive weather information to their device; 2) Device-specific setup instructions are presented elsewhere on this page. 3) SMS text messaging protocols and rates specific to your device apply. 4) Availability of limited service: Service is generally available to inReach, Iridium or IsatPhone terminals equipped for this service when within the subject satellite footprint. Satellite service is provided through the Iridium or Inmarsat satellite networks. The satellite and/or data service may be temporarily interrupted, delayed or otherwise limited. OCENS makes no representation that it can provide uninterrupted service. Further, OCENS shall have no liabilities or credit due for interrupted service. OCENS shall not be liable for acts or omissions of other carriers, providers, or suppliers, equipment failures, or modifications, acts of God, strikes, government actions, or other causes beyond our reasonable control. 5) THE FLYCAST WEATHER SERVICE IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. OCENS MAKES NO WARRANTY THAT (I) THE FLYCAST WEATHER SERVICE WILL MEET END-USER REQUIREMENTS; (II) THE FLYCAST WEATHER SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FLYCAST WEATHER SERVICE AND/OR IRIDIUM SERVICES WILL BE ACCURATE OR RELIABLE; (IV) ANY ERRORS IN THE FLYCAST WEATHER SERVICE AND/OR IRIDIUM SERVICES WILL BE CORRECTED; 6) OCENS SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OCENS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSSES ARISING OUT OF END-USER'S ORDER OR USE OF SERVICE, DATA OR DOCUMENTATION DELIVERED UNDER SAID ORDER OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS, GOODWILL OR SAVINGS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 7) Governing Law: This contract is governed by the laws of Washington State and applicable tariffs. Customer agrees that any legal proceeding commenced by one party against the other, shall be brought in any state or federal court having proper jurisdiction within the state of Washington. Both parties submit to such jurisdiction and waive any objection to venue and/or claim of inconvenient forum.
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