Terms of use
Last updated: April 3, 2014
Welcome to the Garmin Ltd. websites.
and its subsidiaries ("Garmin").
The "Garmin Sites" are garmin.com, garmin.blogs.com, my.garmin.com, connect.garmin.com and other Internet sites on which the following Terms of Use are posted.
This document sometimes refers to Garmin as "we".
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING A GARMIN SITE.
By using a Garmin Site, you agree to be bound by these Terms of Use.
If you do not intend to accept the Terms of Use contained herein, you must refrain from using the Garmin Sites.
Special terms may apply to some services or features offered on certain Garmin Sites.
These terms are published in connection with the specific service or function.
These terms are to be considered a supplement to the Terms of Use set out below and, in the event of a conflict, take precedence over the Terms of Use set out here.
Garmin may change the Terms of Use at any time by updating this document.
The user is bound by any changes and must therefore periodically visit this page to check the Terms of Use.
Use of content
The contents of the Garmin Sites, such as text, graphics, images, audio files, video files and other materials, as well as the domain names, slogans, organization and appearance of the sites (collectively the " Content "), are protected by copyright, trademark, and other laws of the United States and other countries, and are owned or controlled by Garmin or third parties whose content has been licensed to Garmin.
Unauthorized use of the Content may violate copyright, trademark laws and other laws.
If a Garmin site is configured to allow the download of specific Content, you are authorized to download a single copy of that Content on a single computer for your personal, non-commercial use only, provided that (a) you retain all copyright and proprietary notices in the Original Content, (b) does not sell or modify the Content or reproduce, display, publicly perform, distribute or use the Content in any way for public or commercial purposes without Garmin's prior written consent and (c) you do not use the Content in a way that suggests an association with any of the Company's products, services or brands.
You are not authorized, without Garmin's prior written consent, to "mirror" any materials contained on a Garmin Site to any other server.
You may not use the Content on any other website or networked computer environment for any purpose without the prior written consent of Garmin.
The trademarks, logos, and service marks (the "Marks") displayed on the Garmin Sites are owned by Garmin or by third parties.
Use of these Marks without the prior written consent of Garmin or any third party is not permitted.
For information on obtaining permission from Garmin to use the Content listed on the Website, please email webmaster@garmin.com.
If Garmin permits the download of software from a Garmin Site and you download such software, the software, including, for example, files, images embedded or generated by the software, and data accompanying the software (collectively referred to as the "Software" ) are licensed to you by Garmin and third party licensors for your personal, non-commercial use only.
Garmin does not transfer any title to the Software to you.
You may not distribute or otherwise use the Software or decompile, reverse engineer, disassemble or convert the Software into a readable format.
UNLESS OTHERWISE AND EXPRESSLY SPECIFIED ELSEWHERE, GARMIN MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESS, IMPLIED OR LEGAL, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE.
GARMIN SHALL NOT BE LIABLE FOR ANY (1) INACCURACY OR ERROR IN THE SOFTWARE; (2) LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR CAUSED BY SUCH INACCURACY, ERROR OR DAMAGE TO THE SOFTWARE.
IF ANY OF THE ABOVE PROVISIONS IS NOT VALID UNDER APPLICABLE LAW, GARMIN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Public forums and communications
"Public Forum" means an area, site or feature offered as part of a Garmin Site that allows users to post content ("User Submissions") to make it visible to one or more users of the Garmin Sites, including for example, message boards, forums, social community environments, conversation pages, or blogs.
You agree that the Public Forums and the features offered therein are public and non-private communications and you have no privacy expectation in relation to any User Contribution in a Public Forum.
The Company cannot guarantee the security of information that the user decides to disclose through these means of communication: the user makes such disclosures voluntarily and at their own risk.
Common sense should be used when posting information, comments, or other content about other users, service providers, Garmin, or third parties.
You are held liable for any damage caused to other users, Garmin, or third parties, attributable to any comments, observations or other information or content that is defamatory or punishable by law, posted on a Garmin Site.
Garmin is not responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally punishable.
You are and remain solely responsible for any User Submissions you distribute on or through a Garmin Site on any public Forum and the consequences of such posting.
The company is not bound by any obligation to monitor public forums.
You will be solely responsible for any damages resulting from copyright infringement, proprietary rights or any other damage attributable to a User Submission.
By submitting material to a Garmin Site, you automatically warrant that the owner of the material has expressly agreed to grant Garmin the free, perpetual, irrevocable, and non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and / or to incorporate such material into other products in any form or by any means or technology already known or yet to be developed for the entire duration of any copyright or other rights that may exist in such material.
You also allow other users to access, view, store or reproduce the material for their personal use.
You hereby grant Garmin the right to modify, copy, publish and distribute any material made available on any Garmin Site.
You acknowledge that the use of any User Contributions posted on a Public Forum is at your own risk.
The Company, for example, is in no way responsible for, nor does it approve of, the opinions, advice or suggestions posted or posted by users on a public Forum and specifically disclaims all and any liability with respect to what is specified.
Garmin also does not confirm or verify user requirements, training or skills or information posted on a public forum.
Therefore, Garmin recommends that you exercise caution and exercise common sense and common sense when using a Garmin Site or Public Forum.
Rules of Conduct: You agree not to post any User Submissions on a Garmin Site that is:
defamatory, offensive, harassing, threatening or violating another person's right to privacy;
factious, abusive, racially offensive or otherwise offensive;
violent, vulgar, obscene, pornographic or otherwise sexually explicit or that could reasonably harm any natural or legal person;
illegal or that encourages or promotes illegal activities or the discussion of illegal activities with the intent to commit them, including a User Contribution that is or represents an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene materials o stolen, drug trafficking and / or abuse, harassment, theft or conspiracy;
infringes or violates the rights of any third party, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) the right to privacy (specifically, the user must not disclose any type of personal information of others without explicit consent) or to advertising; or (c) confidentiality constraints;
it concerns commercial or business matters or that advertises or offers the sale of products, services or otherwise (for profit or not) or that solicits others to do so (including soliciting contributions or donations);
contains a virus or other component that is harmful or tampering with, compromising or otherwise damaging the Garmin Sites or connected networks or that otherwise interferes with any person or entity's use or enjoyment of the Garmin Sites;
(a) is not generally relevant to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including restrictions and procedures relating to duration; or (c) is antisocial, deleterious or destructive, including "flaming", "spamming", "flooding", "trolling" and "griefing" as these terms are commonly understood and used on the Internet; or
is false or misleading.
We cannot guarantee, and do not warrant, that other users will act in accordance with the above Rules of Conduct or other provisions of these Terms of Use and, by virtue of the mutually agreed terms between Garmin and you, you assume all risks of damage or personal injury resulting from such non-compliance.
Garmin reserves the right, but disclaims any obligation or liability, to refuse the posting, communication or removal of any User Submissions from a Garmin Site that violate these Terms of Use (including the Rules of Conduct).
Account
Some services on the Garmin Sites allow or require you to create an account to participate in activities or to obtain additional benefits.
You agree to provide, maintain and update true, accurate, current and complete personal information as required by the registration procedures (the "Recorded Data").
The user undertakes not to assume the identity of any other natural or legal person or to misrepresent his identity or affiliation with any other natural or legal person, including the use of the username, password or other information relating to another person's account or another person's name, preferences, voice, image or photograph.
You also agree to promptly notify webmaster@garmin.com of any unauthorized use of your username, password or other account information or any other security breach of which you become aware, which implies any Garmin Site or any linked to it.
Garmin reserves the right to suspend or deactivate your account and the ability to use any Garmin Site or any part of it if you fail to comply with these Terms of Use or special terms relating to a particular service.
Garmin's Liability
Garmin makes no warranties as to the accuracy, reliability, integrity or timeliness of the Content or the results that may be obtained using the Garmin Sites and the Content.
Any use of the Garmin Sites and the Content is at your sole risk.
The Garmin Sites change periodically and changes may be made at any time.
Some of the Content on the Garmin Sites may be provided by third parties, and Garmin cannot be held responsible for the Content provided by third parties.
GARMIN DOES NOT WARRANT THAT THE OPERATION OF THE GARMIN SITES WILL BE ERROR-FREE, NOR THAT THE GARMIN SITES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL FILES.
IF YOUR USE OF THE GARMIN SITES OR CONTENT CAUSES A NEED TO REPAIR OR REPLACE EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE LIABLE FOR THE ASSOCIATED COSTS.
THE GARMIN SITES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
GARMIN DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF OWNERSHIP OR THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Liability for Specific Damages
You assume all risks associated with your use of the Garmin Sites.
If you are dissatisfied with the Content or other content on the Garmin Sites or with these Terms and Conditions, your only remedy will be suspension of your use of the Garmin Sites.
IN NO EVENT SHALL GARMIN OR ANY THIRD PARTY MENTIONED IN THE GARMIN SITES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF INCOME COMMERCIAL) ARISING FROM USE OR INABILITY TO USE THE GARMIN SITES AND CONTENT, BASED ON WARRANTY, CONTRACT, FAULT OR OTHER LEGAL THEORY, AND EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT BE VALID IN SPECIFIC CASES AND WILL BE APPLIED TO THE FULLEST EXTENT PERMITTED UNDER THE REGULATIONS.
Links to other sites
The Garmin Sites may contain links to third party websites maintained by others.
Links to such third party websites are provided for convenience only; the presence of such links does not constitute an endorsement by Garmin of the related content.
Garmin is not responsible for the content of linked third party websites and makes no warranties of any kind as to the content or accuracy of any materials contained therein or the confidentiality practices of such third parties.
Access to linked third party websites is entirely at your own risk.
Third Party Applications
Applications developed by third parties can be downloaded from the Garmin Sites.
Garmin is not responsible for and makes no warranties regarding the content or functionality of third party applications or the privacy practices of such third party developers.
If you decide to download and use third party applications, these procedures are entirely at your own risk.
Allowance
You agree to defend, indemnify and protect Garmin, as well as its respective officers, directors, employees and agents, from and against any claims, lawsuits or demands, including, without limitation and to a reasonable extent, legal and accounting fees. associated with or resulting from your breach of these Terms of Use.
Export control
The United States and some other countries control the export of products and information.
You agree to comply with such restrictions and not to export or re-export the Content to countries or individuals prohibited by export control regulations.
By downloading the Content, you confirm that you are not in one of the countries to which such exports are prohibited and that you are not included in the United States Department of Commerce Table of Denial Orders or Specially Designated Entities List (Specially Designated Nationals).
You are responsible for complying with the regulations of your local jurisdiction regarding the import, export or re-export of the Content.
Copyright Policy
Garmin respects the intellectual property rights of others.
It is Garmin's policy, at its sole discretion and as appropriate, to cancel the accounts of users who may repeatedly infringe or violate the copyrights of third parties.
To submit a copyright infringement notice to Garmin, please submit a "DMCA" (Digital Millennium Copyright Act) compliant notice, providing the copyright agent specified below with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work that has been declared infringed or, in the case of multiple copyrighted works that are on a single online site and are covered by a single notification, a representative list of those works.
The identification of the material that is believed to be the source of the violation or related to activities infringing these rights and which must be removed or made no longer available for access, as well as sufficient information to allow the service provider to identify the material .
Sufficient information to allow the service provider to contact whoever sent the notification, such as an address, a telephone number and, if available, an e-mail address.
A statement by the party who sent the notification stating in good faith that use of the material in the manner of the complaint is not authorized by the copyright owner, its agent, or the law.
A statement that the information contained in the notification is accurate and that, under penalty of perjury, the party who sent the notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with the requirements described in the preceding paragraph, your DMCA information may not be valid.
See article 17 of the U.S.C. par.
512 for more information on the DMCA and DMCA notifications.
You can contact our Designated Agent to be notified of an alleged infringement in the following ways:
By email: copyright@garmin.com
By mail:
DMCA Designated Agent
Attn: Legal Department
Garmin International, Inc.
1200 East 151st Street
Olathe, KS 66062
General
Except as noted in this paragraph, all legal matters arising out of or associated with the use of the Garmin Sites will be construed in accordance with and determined by the Kansas State Laws applicable to contracts entered into and performed in the State of Kansas, regardless of conflict with the principles of law.
By using a Garmin Site, you agree that the court with jurisdiction for any claims or lawsuits arising from your use of the Garmin Site will be the Kansas District Court or any Kansas State Court of Justice based in Johnson County only. .
With this document, the user irrevocably waives, to the fullest extent permitted by law, to raise any objections that may arise now or later therein, as well as any claims arising from such proceedings.
If you are not a citizen of the United States; (b) does not reside in the United States; (c) does not access the Garmin site from the United States; and (d) you are a citizen of one of the countries listed below, you agree that any dispute or claim arising out of these Terms of Use will be governed by the applicable laws set out in the following document, regardless of any conflict with the legal terms.
You also agree to irrevocably submit to the jurisdiction of the state, provincial or country courts listed below whose laws govern:
If you are a citizen of:
A country of the European Union
Current legislation and forum:
English regulations; London, England.
For complaints or further information, you can contact the supplier in writing at Garmin International, Inc.,
1200 East 151st Street, Olathe, Kansas 66062, USA, by phone at (913) 397-8200 (by asking the Webmaster) or by email at webmaster@garmin.com.