ADVISORY NATURE OF WSI SERVICES

By subscribing and/or signing on to this service, you acknowledge and agree that the Services are wholly advisory in nature and all actions and judgments taken with respect to the Services are your sole responsibility. WSI makes no representations with respect to the reliability, timeliness, predictive value or accuracy of the weather information contained within the Services and WSI shall not be responsible for errors resulting from any inaccurate, delayed, omitted, misstated, incorrectly displayed or other erroneous information. You acknowledge the inherent risk of relying upon weather data and forecasts and you are urged to verify the Services against other sources prior to use. WSI does not guarantee that the content of Services will remain the same over time.

Terms and Conditions for Use of WSI Services

You acknowledge and agree that the WSI information including flight planning displayed hereafter is wholly advisory in nature and based upon various data sources including National Weather Service information. With respect to flight planning services you grant WSI the right to make assumptions with respect to aircraft performance and other relevant criteria on the basis of information contained in the Flight Planning Database. You are responsible for advising WSI as to any necessary revisions to the information supplied to you by WSI. You should check and verify WSI information in all cases against other sources prior to use and you are solely responsible for use of the information. You agree that under no circumstances should you or your pilot make a decision based solely or primarily on WSI information. WSI MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND, INCLUDNG BUT NOT LIMITED TO THE WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE INFORMATION. WSI shall not be responsible for any errors, delays, inaccuracies or omissions in the information. In no event shall WSI be liable for any special, incidental, consequential, exemplary or punitive damages, or damages from lost profits [despite the possibility that such damages are or may be known to WSI] whether arising out of breach of contract, negligence, tort or any other case of actions relative to the providing of information hereunder.

EXCEPT FOR WILLFUL MISCONDUCT ON THE PART OF WSI, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND WSI FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS DEMANDS, EXPENSES [INCLUDING REASONABLE ATTORNEY'S FEES] OR LIABILITIES OF WHATEVER NATURE OR KIND ASSERTED BY OR SUFFERED OR INCURRED BY THIRD PARTIES ARISING OUT OF THE USE BY YOU OF WSI INFORMATION.