DESCRIPTION OF SERVICES
COMPUTER CLIMATE provides services for the collection and dissemination of remotely collected data (collectively, “Service”).
Service is subject to transmission limitation, reduction in transmission speed, or interruption caused by weather, equipment, terrain, or other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, hacking or malicious viruses, or misuse of the internet network. Interruption may also result from refused or returned payments or your nonpayment of charges. We may block access to the service if, in our sole discretion, we are experiencing problems with collection, fraud or other misuse of the service.
LIMITATION OF LIABILITY
COMPUTER CLIMATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF OUR SERVICE OR SOFTWARE FOR ANY PURPOSE. COMPUTER CLIMATE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. COMPUTER CLIMATE IS NOT LIABLE FOR SERVICE OUTAGES, LOSS OF DATA, INABILITY TO RETRIEVE DATA, OR SERVICE LIMITATIONS OR INTERRUPTIONS BEYOND OUR CONTROL. OUR TOTAL LIABILITY ARISING FROM ANY GROSS NEGLIGENCE SHALL IN NO EVENT EXCEED OUR MONTHLY SERVICE CHARGES DURING THE AFFECTED PERIOD AND IN NO EVENT WILL THE AFFECTED PERIOD BE DEEMED TO EXCEED 30 DAYS IN LENGTH. WE ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. COMPUTER CLIMATE’S SERVICES UNDER THIS AGREEMENT ARE BEING PERFORMED SOLEY FOR THE CLIENT’S BENEFIT, AND NO OTHER ENTITY SHALL HAVE ANY CLAIM AGAINST COMPUTER CLIMATE CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF RENDERED SERVICES.
USE OF SERVICE
Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements with COMPUTER CLIMATE. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. By using the Service, you agree to abide by the terms and conditions of any applicable software license.