ACCUWEATHER ENTERPRISE SOLUTIONS TERMS OF USE

These Terms of Use set forth the terms and conditions applicable to the Services and Portal Delivery System of AccuWeather Enterprise Solution, LLC (“AES”). Notwithstanding anything to the contrary set forth in a separate signed agreement or agreements between AES and the applicable AES client or user (“You” or “Your”), You hereby agree that access and use of the AES Services and/or Portal are subject to these Terms of Use.

1. AES shall not be held responsible for any failure or malfunction in power or communications, nor the failure or refusal of third party transmission intermediaries to perform, continue, or renew their contractual arrangements with AES, nor the inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of AES. If the Service or delivery thereof is disrupted by such event(s), AES’s obligations hereunder shall be suspended during the period of occurrence of such disrupting event(s); however, AES’s obligations hereunder shall be extended for one day for each full day of interruption. AES’s failure to perform this Agreement, resulting from any event(s) not specified above, shall cause it to be liable to You in a maximum aggregate amount not to exceed the cost of service paid for by You at the time of failure, if any, and still unused by You. This shall be the exclusive remedy hereunder.

2. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS, AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF THE SAME. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. You agree to indemnify and hold harmless AES for any and all such claims arising from any source.

3. AES makes no express or implied warranties, guaranties, or affirmations that weather will occur or has occurred as the reports, forecast, or information comprising the Service state, represent, or depict, and AES shall have no responsibility or liability whatsoever to You or any other person or entity, parties, and non-parties alike, for any inconsistency for weather or events predicted, depicted, reported occurring, or occurred. AES MAKES NO WARRANTIES HEREUNDER, AND THIS DISCLAIMER OR WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. Information provided to You is for Your exclusive use and shall not be distributed to others without AES's express written consent.

5. Your acceptance of use of Services, weather forecasts, or other information from AES constitutes agreement that You have read these Terms of Use and agree to them, and these Terms of Use will continue to apply as long as you receive such Services, weather forecasts, or other information.