Company agrees to sell to Customer and Customer agrees to purchase from Company automated severe weather warning notification and related services according to the terms and conditions of this Agreement. Company agrees to use its best efforts to accurately transmit all voice and e-mail messages. Customer acknowledges voice messaging, and e-mail messaging services are of such a nature that voice, and e-mail messages may be lost or delayed for many reasons other than by reason of negligence of Company including but not limited to dialing errors, power failures, malfunctioning of wire-line and wireless telecommunications networks and electrical interference.
Customer agrees to use services solely in accordance with applicable law.
COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer agrees that Company shall not be liable for lost profits or exemplary, indirect, special, incidental, consequential or punitive damages which arise directly or indirectly out of use, lack of use, unavailability or malfunction of the service, whether such damages are asserted in an action brought in contract, in tort or pursuant to other theory even if Company and its broadcast media outlet partner are aware of the possibility of such damage. In no event will Company or its broadcast media outlet partner’s liability under this Agreement exceed the amount paid by Customer to Company.
All amounts due with respect to this Agreement, including any sales, use, value added or similar fees and charges, which are imposed upon the services to be provided pursuant to this Agreement, will be invoiced by Company and will be payable by Customer upon receipt of invoice.
Company will bill the Customer's credit card and send an email with a receipt and transaction number to the customer, indicating the date and amount charged with a description of charges. Customer will receive notification 30 days prior to the anniversary of the onset of the service of its intent to renew the service and bill the Customer’s credit card unless the Customer notifies the Company to cancel the service. Customer is responsible for updating any changes in their billing information prior to this renewal. Failure to do so will result in the service being canceled. All overdue amounts will be subject to interest payments at the highest rate permitted by law.
REFUND POLICY. Any purchases are subject to the following refund policy. The customer must request a refund and the Company will refund paid funds as follows. Any refund request within 5 days of purchase will be refunded in full. Any refund request within one month of purchase will be refunded less a 20% processing fee. No refunds are available after one month from purchase date.
The customer agrees it is the customer's responsibility to register accurate telephone numbers and email addresses the system will use for warning notification. The customer assumes the responsibility to register accurate telephone numbers and email addresses the system will use for warning notification if they are registering a party other than themselves, and to provide a copy of this document to that party. The customer also acknowledges there is an available "test" feature which can be used to verify the phone number or email address were correctly entered.
The customer also agrees that it is the customer's responsibility to update changes to the phone number and email address registered with the system when the customers phone number or email address changes. The customer agrees to assume the responsibility to update changes to the phone number and email address registered with the system for any parties they have registered other than themselves.
Customer also acknowledges and agrees that the accuracy and timing of this warning service is totally dependent on the weather warnings issues by the National Weather Service. The company is not responsible for any service failure or lack of warning notification due to problems caused by the National Weather Service.