Terms of use
Last Updated: April 3, 2014
Welcome to the Garmin Ltd. Web sites.
and its affiliates ("Garmin").
The term "Garmin Web Sites" includes garmin.com, garmin.blogs.com, my.garmin.com, connect.garmin.com, and other websites where these Terms of Use are posted.
The first person plural verbs ("we"), "us" and "our" used in this document refer to Garmin.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY GARMIN SITE.
By using any Garmin Site, you accept these Terms of Use.
Persons who do not accept these Terms of Use may not use the Garmin Websites.
Please note that special terms may apply to some of the services or features provided on certain Garmin Websites.
These terms are posted where the specific service or feature occurs.
Any such terms are in addition to these Terms of Use and, in the event of a conflict, take precedence over the terms set out in this document.
Garmin may modify these Terms of Use at any time by posting an update to it.
You are bound by any modified terms and conditions, and should therefore visit this page from time to time to review the Terms of Use.
Use of content
The content of the Garmin Websites, including text, graphics, images, videos and other materials, as well as domain names, slogans, organizational names, and the general image and use of the sites (collectively, "Content") is copyrighted in the United States other countries and are owned by Garmin or the third parties who have licensed their materials.
In addition, any unauthorized use of this Content may violate copyright, trademark, and other laws.
For Garmin Websites that allow users to download certain Content, you may download and store on a single computer one copy of such Content solely for home non-commercial personal use, subject to the following: (a) all copyright and other notices contained in the original Content will be retained in all copies made of the Content; (b) you may not sell, modify, or reproduce, display, publicly display, distribute or use the Content in any way or for any public or commercial purpose without the prior written consent of Garmin; (c) you must not use the Content in a way that would indicate it is related to any of your products, services or brands.
You may not, without the prior written consent of Garmin, mirror the material available on any Garmin Website on any server.
Use of the Content on other websites or in computer environments for any purpose without the written consent of Garmin is prohibited.
The trademarks, logos and service marks ("Marks") displayed on the Garmin Websites are the property of Garmin or third parties.
The use of these Marks without the written consent of Garmin or third parties is prohibited.
For information on obtaining Garmin's approval to use Content on its own website, please contact webmaster@garmin.com.
If a downloadable software is made available on any Garmin Site, and you download such software, that software, including, but not limited to,
all files, images constituting its integral whole or generated thanks to it and the data contained therein (collectively referred to as "Software") - covered by a license granted to you by our company or other licensors for non-commercial personal use at home.
This does not transfer ownership of the Software to you.
You may not distribute or otherwise use the Software, decompile or disassemble it, reverse engineer its source code or otherwise make it readable in whole or in part.
EXCEPT WHERE IS EXPRESSIVE, GARMIN MAKES NO WARRANTIES OF ANY KIND - EXPRESS OR IMPLIED - ABOUT THE SOFTWARE, INCLUDING M.
IN.
WARRANTY AS TO COMMERCIAL VALUE, FITNESS FOR A PARTICULAR PURPOSE, LEGAL TITLE AND NON-INFRINGEMENT.
GARMIN SHALL NOT BE LIABLE FOR: (1) INACCURACIES, MALFUNCTION OR NON-FUNCTIONING OF THE SOFTWARE; (2) LOSS OF OR DAMAGE (INCLUDING M.
IN.
FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR MORAL DAMAGES) ARISING FROM DOWNLOADING AND USING THE SOFTWARE, OR DUE TO ANY INACCURACY, ERROR, OR NON-PERFORMANCE OF THE SOFTWARE.
IF THE ABOVE PROVISIONS ARE UNACCEPTABLE TO THE LAW, GARMIN'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Public forums and information exchange
The term "Public Forum" means an area, page or feature provided on any Garmin Website that allows users to submit content ("User Submitted Content") displayed by one or more users of the Garmin Websites, including, but not limited to, .
mailing lists, forums, social environments, chat sites and blogs.
You acknowledge that Public Forums and the features provided through them are for the public, not private, exchange of information, and you agree that you do not expect privacy protection with regard to the content you submit to Public Forums.
We cannot guarantee the security of information disclosed through these types of mechanisms; the user discloses the information voluntarily and at his own risk.
Use caution when posting information, comments, or other content relating to other users, service providers, Garmin or any other third party.
You may be held legally liable for damages suffered by other users, Garmin, or third parties as a result of any disputable or defamatory comments, remarks, or other information or content you post on any Garmin Web Site.
Garmin is not legally responsible for User Contributed Content, even if such Content is libelous or contains content that may contain legal consequences.
You are solely responsible for the content that you post on or through any Garmin Website in any Public Forum, and for the consequences of uploading and posting it.
We are not responsible for monitoring any Public Forum.
You are solely responsible for any damage resulting from infringement of copyright or proprietary rights, and for any other damage arising from User Uploaded Content.
By submitting material to any Garmin Website, you automatically acknowledge or warrant that the owner has expressly granted Garmin a royalty-free, permanent, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material. (in whole or in part) worldwide and / or embedded in other works in any form, medium and using any technology known today or developed in the future for the full term of copyright or other rights that may apply for this type of material.
In addition, the user allows other users to access, view, store and reproduce the material for private use.
You hereby grant Garmin the right to edit, copy, publish and distribute any material provided on any Garmin Website.
You acknowledge that when you use or rely on User Contributed Content posted on any Public Forum, you do so solely at your own risk.
For example, we are not responsible for the opinions, advice and recommendations posted or posted by users in any Public Forums - we do not endorse them and expressly disclaim all liability in relation to them.
We also do not endorse or verify the qualifications, preparation, education or skills of users or information posted by them in any Public Forum.
We therefore recommend that you use caution, and use of common sense and caution when using any Garmin Website or public forum.
Rules of Conduct: You agree that you will not post content to any Garmin Site that:
is defamatory, abusive or offensive in nature, contains threats, or violates another person's right to privacy;
contains bias, hate or offensive comments about race or other matters;
contains violent, profanity, obscene phrases, pornographic or other material clearly related to sex, or content that otherwise harms or may cause foreseeable harm to other persons or legal entities;
contains illegal content, inciting to commit a crime or defending such attitudes, raises issues of unlawful activities in conjunction with the intention to commit them; This also includes User Contributed Content that expresses evidence of, or attempts to engage in, child pornography, bullying, sexual assault, fraud, trafficking in prohibited or stolen materials, drug distribution and / or abuse, harassment, theft or collusion aimed at committing legally prohibited acts;
violates or violates any third party rights, including but not limited to: (
a) copyrights, patents, trademarks, trade secrets or other proprietary rights or rights resulting from concluded contracts; (b) the right to privacy (in particular, no personal data of other people may be distributed without their express consent) or the right to make it public; or (c) confidentiality obligations;
is of a commercial or business nature, advertises or offers to sell any products, services or other items (whether for profit or not) or contains requests to others (including requests for donations or donations);
contains a virus or other harmful component or otherwise interferes with, hinders the operation of, or damages the Garmin Websites or any interconnected network, or otherwise obstructs any person or legal entity from using the Garmin Websites;
(a) does not generally relate to the theme or theme of the Public Forum in question; (b) violates any Public Forum restrictions, including age and procedure restrictions; or (c) is antisocial, disruptive or destructive, including but not limited to "
flaming "(insulting oneself)," spamming "(sending unwanted messages)," flooding "(sending a large number of messages)," trolling "(ridiculing or insulting forum users) and" griefing "(irritating the participants of the game) for one's own pleasure) as these terms are commonly used on the Internet; or
contains false or misleading information.
We cannot guarantee that other users will comply with the rules of conduct described above or other provisions of these Terms of Use, and therefore the user assumes the entire risk of any damage or harm caused by failure to comply with these terms and conditions.
We reserve the right, without prejudice to any obligation or liability, to prevent the posting or removal of User Uploaded Content on any Garmin Website that violates these Terms of Use (including its rules of conduct).
Konta
Certain services available on the Garmin Websites allow you to create an account (or require it) in order to participate in certain activities or obtain additional benefits.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as required during registration ("Registration Information").
The User confirms that he will not impersonate another person or legal entity and make false statements regarding his identity or affiliation with other persons or legal entities; the user will not be, inter alia,
used the names, passwords and account details of other users or the names, likenesses, voice, image or photographs of others.
You also agree to notify us immediately - by sending a message to webmaster@garmin.com - of any known unauthorized use of names, passwords and other account details, and of any security breaches in connection with your use of any Garmin Website.
If you fail to comply with these Terms of Use or any special terms applicable to a particular service, we may suspend or permanently block your use of your account or any Garmin Website (or part thereof).
Garmin's Liability
Garmin makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of the Content or the results obtained through the use of the Garmin Websites and the Content.
Use of the Garmin Websites and the Content is at your own risk.
From time to time, changes are made to the Garmin Websites; they can be entered at any time.
Some of the Content posted on the Garmin Websites may be provided by third parties for which Garmin is not responsible.
GARMIN DOES NOT WARRANT THE ERROR-FREE OPERATION OF ITS SITES OR THAT ITS WEBSITES AND SERVERS THAT THEY USE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
IF THE USE OF THE GARMIN WEBSITES OR THE CONTENTS RESULT IN THE NEED FOR REPAIR OR REPLACEMENT OF EQUIPMENT, LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE LIABLE FOR THESE COSTS.
THE GARMIN WEBSITES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
GARMIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKES NO WARRANTIES OF ANY KIND, INCLUDING M.
IN.
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPERTY OR THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.
Certain Losses Disclaimer
Use of the Garmin Websites is solely at your own risk.
If you are dissatisfied with the Content or other materials, or if you do not agree to the Terms of Use, please do not use the Garmin Websites.
GARMIN AND THIRD PARTIES MENTIONED ON THE WEBSITE OF GARMIN BE LIABLE IN NO EVENT BE LIABLE FOR ANY DAMAGES (INCLUDING INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR NO USE OF THE GARMIN WEBSITES AND THE CONTENT, REGARDLESS OF WHETHER THE CLAIM WILL BE BASED ON FAILURE TO COMPLY WITH THE TERMS OF CONTRACT OR WARRANTY OR FOLLOWING ANY OTHERWISE BY OTHERWISE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL LOSSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN SUCH CASE, SUCH EXCLUSION OR LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Links to other sites
Garmin Websites may contain links to third party websites maintained by other companies.
These links are provided for the convenience of users only and do not constitute Garmin's endorsement of its content.
Garmin is not responsible for the content of such sites and makes no representation or warranty as to the accuracy of the material on such sites or the privacy practices of third parties.
The use of third-party websites is solely at the user's own risk.
Third Party Applications
On the Garmin website, you may be able to download applications that we have developed in cooperation with third parties.
Garmin makes no representations or warranties of any kind regarding the content or functionality of such third party applications, or the privacy practices of those software developers, and is not responsible for them.
If you choose to download and use any of these applications, you do so at your own risk.
Compensation
You agree to protect and indemnify Garmin and its representatives, officers, employees and agents from any claim, legal action and expense arising out of any alleged or actual breach by you of these Terms of Use.
Export control
The United States and some other countries regulate the export of products and information.
You agree to abide by such restrictions and not to export or re-export the Content to countries or persons prohibited under the Export Control Act.
By downloading the Content, you acknowledge that you are not located in a country that is prohibited for such exports and that you are not listed on the U.S. Department of Commerce's Table of Denial Orders or the U.S. Department of Treasury's list of Specially Designated Nationals. Of the United States.
You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of Content.
A special note regarding the potential collection of data about users of my.Garmin.com
When you connect your Garmin personal navigation device or nüvifone ™ device to your computer's USB port and go to my.garmin.com (if applicable to a specific Garmin device), your Garmin device sends certain archive data stored on your device to the Garmin website including
footprint graphs (these are lists of where your device has been at certain times) and information about ads attached to apps on your device, such as which ads were shown, how often they were selected, and how often certain actions were performed. e.g.
saving a coupon, initiating a phone call to the location that the ad applies to, or routing to that location.
For more information about how Garmin collects, uses and shares this information, see the privacy statement at www.garmin.com/product/privacy.
BY USING THE my.garmin.com WEBSITE, YOU AGREE TO THE COLLECTION, USE AND SHARING OF THIS TYPE OF INFORMATION ACCORDING TO THE PROVISIONS OF THIS PARAGRAPH AND THE PRIVACY STATEMENT.
Copyright Policy
Garmin respects the intellectual property rights of others.
It is Garmin's policy to terminate, at its sole discretion and when appropriate, any user account that may or has repeatedly infringed the copyrights of third parties.
To report a copyright infringement, you must submit a notification under the Digital Millennium Copyright Act ("DMCA") to Garmin by providing the following information in writing to the copyright agent named below:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is suspected of being infringed.
Identify the copyrighted work that is suspected of infringing copyright or, where the notification relates to multiple works on a single webpage, provide a representative listing of those works on that webpage.
Identify the material that is suspected of infringing or is subject to infringement action that needs to be removed or accessed, and provide sufficient information to enable the service provider to locate the material.
Sufficient information to enable the service provider to contact the complaining party, such as: an address, telephone number and, if available, an e-mail address where the complaining party can be contacted.
A statement that the complaining party has a good faith belief that the material is being used in a manner not permitted by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is suspected of being infringed.
You should understand that your DMCA notification may be null and void if you fail to meet all of the requirements set out in the preceding paragraph.
See provisions of 17 of the Laws.
S.
C. §
512 for more information on the DMCA and related notices.
With our sales representative
Notifications of suspected copyright infringement can be contacted as follows:
By e-mail: copyright@garmin.com
By regular mail:
DMCA Designated Agent
Attn: Legal Department
Garmin International, Inc.
1200 East 151st Street
Olathe, KS 66062
General information
To the extent permitted by the provisions in the following paragraph, all legal matters arising from the use of the Garmin Website are governed by the laws of the State of Kansas for contracts performed in Kansas, to the exclusion of applicable conflict of law provisions.
By using the Garmin Website, you agree that the sole jurisdiction for any claim and legal action arising out of your use of the Garmin Website will be the US District Court for Kansas County or any other Kansas court located in Johnson County.
The user irrevocably withdraws, to the maximum extent permitted by law, from any objections, now and in the future, regarding the place of the trial in court and claims that may be presented in such court.
If you: (a) are not a US Citizen; (b) does not reside in the United States; (c) not accessing the Garmin Website from the territory of the United States; and (d) you are a citizen of one of the countries listed below, then you hereby declare that any dispute or claim arising out of the application of these Terms of Use will be governed by the provisions of applicable law set out in this document, to the exclusion of any applicable conflict of laws provisions, and in a manner You irrevocably submit to the jurisdiction of the courts of the state, region or country set out below, whose law is applicable:
If you are a citizen of:
Any country in the European Union
Applicable law and court:
English law; London, England
If you need to file a complaint or need more information, contact Garmin International, Inc.
1200 East 151st Street, Olathe, Kansas 66062, United States, by telephone on (913) 397-8200 (please ask for administrator), or by e-mail: webmaster@garmin.com.