HTC Imagio, WHIT100 user manual Disclaimers, Limitation of Damages, Location Based Services LBS

 

Disclaimers

THE WEATHER INFORMATION, DATA AND DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM HTC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HTC AND ITS AFFILIATES expressly disclaim any and all representations and warranties, express or implied, arising by law or otherwise, regarding the Weather Information, Data, Documentation, or any other Products and services, including without limitation any express or implied warranty of merchantability, express or implied warranty of fitness for a particular purpose, non-infringement, quality, accuracy, completeness, effectiveness, reliability, usefulness, that the Weather Information, Data and/or Documentation will be error- free, or implied warranties arising from course of dealing or course of performance.

Without limiting the foregoing, it is further understood that HTC and its Providers are not responsible for Your use or misuse of the Weather Information, Data and/or Documentation or the results from such use. HTC and its Providers make 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 any person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE WEATHER INFORMATION, DATA AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES AND YOU WILL USE COMMON SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN CONNECTION WITH THE USE OF THE WEATHER INFORMATION, DATA OR DOCUMENTATION.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HTC OR ITS PROVIDERS BE LIABLE TO USER 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, AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, OR USE OF THE WEATHER INFORMATION, DATA OR DOCUMENTATION HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF.

Location Based Services (LBS)

Your wireless device can determine its (and your) physical, geographical location (“Location Information”). Certain software applications are capable of accessing, collecting and using Location Information and disclosing the information to the application provider and other people. You should use caution and discretion when determining whether or not Location Information should be made available to them. To limit potential unauthorized access to your Location Information, Verizon Wireless devices are preset to “911 ONLY” which will only allow authorized emergency response personnel to locate you if you dial 9-1-1 from your wireless device.

By changing the setting on the device to “LOCATION ON” you are enabling third party access to Location Information through software, widgets or peripheral components you choose to download, add or attach to your wireless device. Verizon Wireless encourages you to check your wireless device periodically and only use software, widgets and peripheral components that are obtained from reliable sources. When you use your mobile browser or other services and applications, you authorize Verizon Wireless to collect, use and disclose your Location Information as appropriate to provide you with any location services that you enabled.

Verizon Wireless does not retain Location Information longer than necessary to provide the services to you. We will not knowingly disclose your Location Information to third parties without your consent. You should carefully review the privacy policies of application providers and third parties who you allow access to your Location Information, and you should know that significant risks can be associated with disclosing your Location Information to others.

Note For information on the Location Setting, see “CDMA Services” and “GSM settings” in Chapter 2.