XM SATELLITE RADIO SERVICE AGREEMENT
Sirius XM Satellite Radio Inc.
Hardware and required monthly subscription sold separately. Subscription fee is consumer only. Other fees and
taxes, including a one-time activation fee may apply. All programming fees and weather data subject to change.
Sirius XM WX weather data displays and individual product availability vary by hardware equipment. Reception of
the Sirius XM signal may vary depending on location. Subscriptions subject to Customer Agreement included with
the Sirius XM Welcome Kit and available at xmradio.com. Available only in the 48 contiguous United States. Sirius
XM WX is a trademark of Sirius XM Radio Inc.
Contact Sirius XM Radio by phone at 800.985.9200 to subscribe to Sirius XM WX Weather and/or Sirius XM
Radio.
WEATHER DATA WARRANTY
THE WEATHER DATA SOFTWARE PRODUCT IS PROVIDED “AS IS.” ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF
NON-INFRINGEMENT ARE HEREBY EXCLUDED.
USER SAFETY
If you use Sirius XM Services it is your responsibility to exercise prudent discretion and observe all safety measures
required by law and your own common sense. You assume the entire risk related to your use of the Services.
Sirius XM and Garmin assume no responsibility for accidents resulting from or associated with use of the Services.
Your Radio Service includes traffic and weather information, and you acknowledge that such information is not
for “safety for life”, but is merely supplemental and advisory in nature, and therefore cannot be relied upon
as safety-critical in connection with any aircraft, sea craft or automobile usage. This information is provided
“as is” and Sirius XM and Garmin disclaim any and all warranties, express and implied, with respect thereto
or the transmission or reception thereof. Sirius XM and Garmin further do not warrant the accuracy, reliability,
completeness or timeliness of the traffic and weather information disclosed on the Radio Service. In no event will
Sirius XM and Garmin, their data suppliers, service providers, marketing/distribution, software or Internet partners
or hardware manufacturers be liable to you or to any third party for any direct, indirect, incidental, consequential,
special, exemplary or punitive damages or lost profits resulting from use of or interruptions in the transmission or
reception of the Services.
LIMITS ON OUR RESPONSIBILITY
a) DISCLAIMERS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS
OR IMPLIED, REGARDING THE RADIO SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CONTENT
AND FUNCTIONALITY OF THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. ALL SUCH WARRANTIES OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT)
ARE HEREBY DISCLAIMED.
b) LIMITATIONS OF LIABILITY.
WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES
RELATING TO THE USE OF THE RADIO SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR TOTAL
LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING OUR SERVICES, REGARDLESS OF THE CAUSE, WILL IN
NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING
THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE
DAMAGE OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE GREATER RIGHTS
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