SUBSCRIPTION AGREEMENT

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LACROSSE TECHNOLOGY, LTD. D/B/A WEATHER DIRECT®, ("WEATHER DIRECT") PROVIDES SATELLITE-ASSISTED INTERNET-POWERED WEATHER STATIONS (THE “PRODUCT”) WITH BASIC SERVICE, AND SEPARATE SERVICE EXPANSION OPTIONS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”). PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. AS USED IN THIS AGREEMENT, “YOU” AND “YOUR” REFER TO THE PERSON AND OR ENTITY USING THE PRODUCT.

BY CLICKING THE “AGREE" CHECKBOX, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO CONTINUE. NOTWITHSTANDING THE FOREGOING, USING THE PRODUCT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

• Subscription
  
  Purchasing the Product entitles you to Weather Direct’s basic service package at no additional cost to you. However, Weather Direct® will provide expanded service to its basic service package for an additional fee. Weather Direct’s expanded service options include the following:
  
  
  • The Platinum Package, which includes the following Expansion Options:
    • 60,000+ Places;
    • Four Additional Display Locations (Five Total);
    • Three Years of Forecast Alerts.
    • Three Years of Severe Weather Alerts.
  • The Gold Package, which includes the following Expansion Options:
    • 60,000+ Places;
    • Four Additional Display Locations (Five Total);
    • One Year of Forecast Alerts.
    • One Year of Forecast Alerts.
  • 60,000+ Places.
  • Four Additional Display Locations (Five Total).
  • Forecast Alerts.
  • Severe Weather Alerts.
  
  
  Weather Direct’s expanded service options are collectively referred to as “Expansion Options” and individually as an “Expansion Option.” With the exception of the Serve Weather Alerts, Weather Direct’s Expansion Options are good for the lifetime of the Product. Severe Weather Alerts are offered on a 1, 3 or 5 year basis and renewed at the end of the 1, 3 or 5 year term. The additional fee will be a one-time payment and is dependent upon the selected Expansion Option. Weather Direct® has the right to change the additional fee at any time and for any reason without providing you with notice of the change, however customers that have purchased 1 time expansions will not be required to pay additional. Allow up to 24 hours after the purchase of the Expansion Option for it to become available.
  
  
• Disclaimer
  
  YOU AGREE THAT ALL USE OF WEATHER DIRECT’S DATA AND ANY OTHER CONTENT AVAILABLE THROUGH WEATHER DIRECT’S PRODUCT SHALL BE AT YOUR SOLE RISK. WEATHER DIRECT® PROVIDES ALL DATA ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. WEATHER DIRECT® MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH WEATHER DIRECT’S PRODUCT. WEATHER DIRECT® MAKES NO REPRESENTATION OR WARRANTY: (i) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF THE BASIC SERVICE PACKAGE OR ANY EXPANSION OPTIONS; (ii) THAT THE BASIC SERVICE PACKAGE OR EXPANSION OPTION WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; OR (iii) THAT ERRORS OR DEFECTS RELATED TO THE BASIC SERVICE PACKAGE OR EXPANSION OPTIONS WILL BE CORRECTED. WEATHER DIRECT® ALSO DOES NOT WARRANT THAT THE BASIC SERVICE PACKAGE OR EXPANSION OPTIONS ARE APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WEATHER DIRECT® MAKES NO WARRANTY THAT THE QUALITY OF THE PRODUCT OBTAINED OR PURCHASED THROUGH WEATHER DIRECT® WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN WEATHER DIRECT’S PRODUCT WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, WEATHER DIRECT® MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR AFFIRMATIONS THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS THE REPORTS, FORECASTS, DATA, OR INFORMATION STATE, REPRESENT, OR DEPICT AND IT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, OR OMISSION FOR DATA, RSS FEEDS, WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING, OR OCCURRED. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS, AND OTHER COMMUNICATIONS CONCERNING SERIOUS WEATHER. YOU SHOULD KEEP ADVISED OF THE SAME. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
  
  
• Limitation of Liability
  
  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEATHER DIRECT®, ITS SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS AGREEMENT, THE USE OF THE DATA, PURCHASE OF EXPANSION OPTIONS, OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF. IN NO EVENT SHALL WEATHER DIRECT'S TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE AMOUNT OF MONIES PAID FOR THE PRODUCT AND ANY EXPANSION OPTIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  
  
• Termination
  
  This Agreement may be terminated if situations are out of our control at any time for any reason by Weather Direct®.
  
  
• Amendment and Modification
  
  Weather Direct® may amend or modify the terms of this Agreement at any time for any reason without your consent and such amendment or modification will be binding.
  
  
• Events Beyond Weather Direct's Control
  
  Weather Direct® shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including without limitation, third party transmission intermediaries to perform, continue, or renew their contractual arrangements with Weather Direct®, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of Weather Direct®.
  
  
• Assignment
  
  Weather Direct® may assign this Agreement without your consent.
  
  
• Jurisdiction and Disputes
  
  This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. Should it be necessary to institute an action to enforce any of the terms contained in this Agreement, you agree said action shall and must be instituted in Hennepin County District Court, State of Minnesota. You hereby waive any and all defenses based on lack of personal jurisdiction or forum non convenience, and any right to recover statutory attorneys’ fees.
  
  
• Entire Agreement
  
  This Agreement, the Web site Terms & Conditions, and the Privacy Policy state the parties' entire agreement and understanding of the subject hereof, and supersede all prior understandings and agreements. Any prior agreements or understandings between the Parties are null and void.
  
  
• Survivorship
  
  The requirements and limitations set forth in Sections 2, 3, 6, 8, and 10 of this Agreement shall survive termination of this Agreement for any reason.