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End User License Agreement

(Quickdraw Upload v.052416)

The Quickdraw Upload application (the "Application") and the content and data ("Data") included in the Application are owned by Garmin Ltd. or its subsidiaries (collectively, "Garmin") or licensors. The Application and Data are provided under this License Agreement and are subject to the following terms and conditions which are agreed to by End User ("you" or "your"), on the one hand, and Garmin and its licensors and affiliated companies of Garmin and its licensors, on the other hand.

IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE APPLICATION.

License Terms and Conditions. Garmin grants you a limited, non-exclusive license to use the Application and Data in accordance with the terms of this Agreement. You agree to use the Application and Data for solely personal use, or if applicable, for use in your business' internal operations, and not for service bureau, time-sharing, resale or other similar purposes.

Restrictions. Except as expressly authorized in this License Agreement, you agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application or Data, and may not transfer or distribute them in any form, for any purpose, except to the extent permitted by mandatory laws. You are prohibited from renting or leasing the Application or Data to any other person or third party.

Map Submissions. You may use the Application to upload maps ("Map Submissions"). Map Submissions remain your property and copyright. However, by submitting any Map Submissions to Garmin, you give Garmin a transferable, perpetual, worldwide, royalty-free, irrevocable license and right to reproduce, create derivative works of, license, distribute, sell, publicly display and publicly perform the Map Submissions for any purpose and without restriction or obligation to you. You represent and warrant to Garmin that any Map Submissions by you do not and will not infringe the trademark, service mark, copyright, right to publicity, or other intellectual property rights of a third party. You also represent and warrant that any Map Submissions submitted by you is accurate, refers to a public and safe location, and is not restricted by any applicable law or regulation. You agree that you are solely responsible for verifying the accuracy and lawfulness of any Map Submissions contributed by you directly or indirectly to Garmin.

You are and will remain solely responsible for your Map Submissions and for the consequences of submitting and posting the same. We have no duty to monitor the ratings and user submitted comments or other use submissions. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your submissions. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant Garmin the right to edit, copy, publish and distribute any material you make available on the Application.

You acknowledge that your use or reliance upon any user submission posted in the Application is at your own risk. Therefore, we recommend that you be careful and exercise common sense and good judgment when using the Application or Map Submissions.

Rules of Conduct: you agree that you will not submit anything in the Application that:

  1. ​is illegal or encourages or advocates illegal activity or conspiracy to commit any criminal activity;
  2. ​infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  3. ​contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Application or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Application.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Garmin's Liability. Garmin makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Application or Map Submissions or about the results to be obtained from using the Application or any third party Map Submissions. Any use of or reliance on the Application or third party Map Submissions is at your own risk.

You should verify the accuracy, safety, lawfulness and/or relevance of any third party Map Submissions prior to relying on them for any purpose. Any use or reliance on third party Map Submissions is at your own risk.

THE APPLICATION AND THIRD PARTY MAP SUBMISSIONS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages. Your use of the Application and third party Map Submissions is at your own risk. If you are dissatisfied with the Application or third party Map Submissions, your sole remedy is to discontinue use of the Application and third party Map Submissions. IN NO EVENT WILL GARMIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION OR THIRD PARTY MAP SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Export Control. You agree not to export from anywhere any part of the Application or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

Indemnity. You agree to indemnify, defend and hold Garmin and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Garmin and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Application or third party Map Submissions.

Term. This Agreement is effective until such time as Garmin terminates this Agreement for any reason, including, but not limited to, if Garmin finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between Garmin and any third party from whom Garmin obtains services or distribution necessary to support the Application. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.

Entire Agreement. These terms and conditions constitute the entire agreement between Garmin and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of Kansas, without giving effect to (a) its conflict of laws provisions, or (b) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Kansas for any and all disputes, claims and actions arising from or in connection with the Application or third party Map Submissions. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.

Government End Users. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Application and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License Agreement, the construction that provides greater limitations on the Government's rights shall control. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062, USA.

Copyright Policy. Garmin respects the intellectual property rights of others. It is Garmin's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Garmin, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. ​Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. ​Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. ​A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. ​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 allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:
copyright@garmin.com

By Mail:
DMCA Designated Agent
Attn: Legal Department
Garmin International, Inc.
1200 East 151st Street
Olathe, Kansas 66062

Garmin® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries. Quickdraw™ is a trademark of Garmin Ltd. or its subsidiaries. These trademarks may not be used without the express permission of Garmin.

End User License Agreement

(Quickdraw Download v.052416)

The map data (the "Data") you are downloading to your device is either owned by Garmin, or owned by one or more third parties and is licensed to Garmin. The Data is protected under copyright laws and international copyright treaties. The Data is licensed, not sold. The Data is provided under this License Agreement and is subject to the following terms and conditions which are agreed to by End User ("you" or "your"), on the one hand, and Garmin and its licensors and affiliated companies of Garmin and its licensors, on the other hand. If you are obtaining the Data from a third party application vendor (the "Application Vendor"), you acknowledge that, to the extent a party is responsible for the Data, Garmin, and not the Application Vendor, is responsible. Garmin's licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.

IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE DOWNLOADING OR USING THE DATA. DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE DATA INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE DATA.

WARNING. THE DATA IS INTENDED FOR RECREATIONAL USE, SUCH AS FISHING, AND NOT FOR NAVIGATIONAL PURPOSES. IT SHOULD NOT BE RELIED UPON FOR NAVIGATION, AND GARMIN DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, COST OR DAMAGE ARISING OUT OF ITS USE FOR NAVIGATIONAL PURPOSES. THE DATA IS COLLECTED BY THE DEVICE USER COMMUNITY AND UPLOADED TO THE SERVER FROM WHICH YOU ARE DOWNLOADING. GARMIN DOES NOT VERIFY OR VALIDATE THE DATA IN ANY MANNER, AND IF YOU CHOOSE TO DO SO, YOU ARE USING THE DATA AT YOUR OWN RISK.

License Terms and Conditions

Garmin ("we" or "us") provides you with the Data, including any "online" or electronic documentation and printed materials, and grants you a limited, non-exclusive license to use the Data on a Garmin navigation device in accordance with the terms of this Agreement. You agree to use the Data for solely personal use, or if applicable, for use in your business' internal operations, and not for sharing, service bureau, time-sharing, resale or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy or reproduce the Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not share the Data with a third party, do not remove any copyright notices that appear and do not modify the Data in any way. Your use of the Data must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Data. You may not use the Data for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of Garmin, its licensors or any other person or entity. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. Garmin also reserves the right to discontinue offering any Data supplied by any third party supplier if such supplier ceases to supply such content or Garmin's contract with such supplier terminates for any reason.

Support. If you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Data, or if you have questions, complaints or claims regarding the Data, contact Garmin at: MobileApplications.Support@garmin.com.

Acknowledgement of Application Vendor Responsibility. The Application Vendor shall have no maintenance or support obligation for the Data, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Data, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Data.

Restrictions. You are prohibited from providing, renting or leasing the Data to any other person or third party.

No Warranty. The Data is provided to you "as is," and you agree to use it at your own risk. Garmin and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Garmin and its licensors, make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Data, or that the Data or server will be uninterrupted or error-free. The Data is intended to be used only as a supplementary recreational aid and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. GARMIN MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE DATA.

Disclaimer of Warranty. GARMIN AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF GARMIN AND ITS LICENSORS, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GARMIN OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you. THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE DATA PURCHASE PRICE, IF ANY.

Disclaimer of Liability. GARMIN AND ITS LICENSORS , INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF GARMIN AND ITS LICENSORS, SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE DATA; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE DATA, ANY DEFECT IN THE DATA OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE DATA OR FROM DEFECTS OR ERRORS IN THE DATA, EVEN IF GARMIN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GARMIN'S AND ITS LICENSORS' TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE DATA SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Export Control. You agree not to export from anywhere any part of the Data or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnity. You agree to indemnify, defend and hold Garmin and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Garmin and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use, reproduction or possession by you of the Data.

Term. This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by Garmin) or expires, or (ii) Garmin terminates this Agreement for any reason, including, but not limited to, if Garmin finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between Garmin and any third party from whom Garmin (a) obtains services or distribution necessary to support the Data, or (b) licenses Data. You agree, upon termination, to destroy all copies of the Data. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.

Entire Agreement. These terms and conditions constitute the entire agreement between Garmin and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of Kansas, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Kansas for any and all disputes, claims and actions arising from or in connection with the Data. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.

Government End Users. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Data and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License Agreement, the construction that provides greater limitations on the Government's rights shall control. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062 USA.

Garmin® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries, and may not be used without the express written permission of Garmin.

Terms of Use

Introduction

Welcome to the Internet sites of Garmin Ltd. and its subsidiaries ("Garmin"). "Garmin Sites" include garmin.com, garmin.blogs.com, my.garmin.com, connect.garmin.com and other Internet sites on which these Terms of Use are posted. Garmin is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY GARMIN SITE. By using any Garmin Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Garmin Sites.

Note that special terms might apply to some services or features offered on certain Garmin Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

Garmin may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on Garmin Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Garmin or by third parties that have licensed their Content to Garmin. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Garmin Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Garmin, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Garmin, "mirror" on any other server any material contained on any Garmin Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Garmin. The trademarks, logos and service marks (the "Marks") displayed on the Garmin Sites are owned by Garmin or third parties. You are prohibited from use of those Marks without the express, written permission of Garmin or such third party. If you would like information about obtaining Garmin’s permission to use the Content on your Web site, e-mail webmaster@garmin.com.

In the event that we offer downloads of software on a Garmin Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, GARMIN HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

GARMIN SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, GARMIN'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Public Forums and Communication

"Public Forum" means an area, site or feature offered as part of any Garmin Site that offers the opportunity for users to submit content (“User Submissions”) for viewing by one or more Garmin Site users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, Garmin or any other third party. You may be held legally responsible for damages suffered by other users, Garmin or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to a Garmin Site. Garmin is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through any Garmin Site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to any Garmin Site, you automatically grant, or warrant that the owner of such material has expressly granted, Garmin the royalty-free, perpetual, 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 to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant Garmin the right to edit, copy, publish and distribute any material you make available on any Garmin Site.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Garmin Site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on any Garmin Site that:

  1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  2. is bigoted, hateful, or racially or otherwise offensive;
  3. is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  4. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  5. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  6. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  7. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Garmin Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Garmin Sites;
  8. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
  9. is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Garmin Site that violates these Terms of Use (including the Rules of Conduct).

Accounts

Some services on the Garmin Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at webmaster@garmin.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Garmin Site.

We may suspend or terminate your account and your ability to use any Garmin Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Garmin's Liability

Garmin makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Garmin Sites and the Content. Any use of the Garmin Sites and the Content is at your own risk. Changes are periodically made to Garmin Sites and may be made at any time. Some Content on the Garmin Sites may be provided by third parties and Garmin will not be held responsible for any such Content provided by third parties.

GARMIN DOES NOT WARRANT THAT THE GARMIN SITES WILL OPERATE ERROR-FREE OR THAT THE GARMIN SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE GARMIN SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE GARMIN SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the Garmin Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the Garmin Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the Garmin Sites. IN NO EVENT WILL GARMIN OR ANY THIRD PARTIES MENTIONED AT THE GARMIN SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE GARMIN SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Other Sites

The Garmin Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Garmin of the contents on such third-party Web sites. Garmin is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Bing Terms of Use

Microsoft Terms of Use
Microsoft Privacy Statement

Indemnity

You agree to defend, indemnify, and hold harmless Garmin, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Export Control

The United States and certain 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 persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Special Notice Regarding the Potential Collection of User Information from Users of my.Garmin.com

If you connect your Garmin personal navigation device or nüvifone™ to your computer using a USB port and access my.garmin.com, if applicable to your Garmin product, certain historical information that is stored on your device will upload from your device to Garmin, including track logs (a track log consists of a list of spatial points and the times your Garmin device was at given spatial points), and information related to advertisements included with certain applications on your device, such as which advertisements were viewed on your device, how often they were clicked and how often certain actions such as saving a coupon or calling or routing to a location corresponding to an advertisement were performed. You should review Garmin's Privacy Statement at www.garmin.com/product/privacy for more information regarding the ways in which Garmin collects, uses and shares this information and other information relating to you. BY USING THE my.garmin.com WEB SITE YOU CONSENT TO THE COLLECTION, USE AND SHARING OF THIS INFORMATION IN ACCORDANCE WITH THIS PARAGRAPH AND OUR PRIVACY STATEMENT.

Copyright Policy

Garmin respects the intellectual property rights of others. It is Garmin’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Garmin, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. 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 allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

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 to the extent provided below in this paragraph, all legal issues arising from or related to the use of any Garmin Site will be construed in accordance with and determined by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By using a Garmin Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Garmin Site is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Garmin Site from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms of Use will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of: Governing law and forum:
Any European Union country English laws; London, England


In the event of a complaint, or to request further information, the provider may be contacted in writing at Garmin International, Inc. 1200 East 151st Street, Olathe, Kansas 66062, USA, by telephone at (913) 397-8200 (ask for the webmaster), or by e-mail at webmaster@garmin.com.

Privacy Policy

Last Updated: August 18, 2012

Garmin respects your right to privacy and shares your concern about the security of any data you may submit to the Garmin Connect website. The following statement discloses the guidelines Garmin has established for protecting the information you provide to Garmin during your visit to connect.garmin.com.

This website is owned, operated, and maintained by:
Garmin International, Inc.
1200 East 151st Street
Olathe, KS 66062
Phone: 913-397-8200
Fax:913-397-8282
E-mail:webmaster@garmin.com

Garmin International, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site connect.garmin.com. Because Garmin wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Garmin by e-mail at webmaster@garmin.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://clicktoverify.truste.com/pvr.php?page=validate&url=www.garmin.com&sealid=102. TRUSTe will then serve as a liaison between you and Garmin to resolve your concerns.

The TRUSTe program covers only information that is collected through this website, and does not cover information that may be collected through software downloaded from this site.

Garmin complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

What information about me does Garmin collect on the Garmin Connect website and how is it used?
Garmin only collects personal information about you on the Garmin Connect website if you voluntarily choose to share it with Garmin. Garmin does not share, rent or sell information concerning subscribers or other users of the Garmin Connect website to third parties in ways other than disclosed in this privacy statement.

To use the core functionality of connect.garmin.com, you must first complete the registration form at connect.garmin.com/register and open a free myGarmin account. If you register at connect.garmin.com/register, then you will automatically be registered at connect.garmin.com. During registration you will be required to provide personal information such as your name, and email address.

On the connect.garmin.com website there are several other opportunities for you to share personal information about yourself with Garmin. This may include information about you such as your interests and activities, your biking and running routes, your name, and your e-mail address. Submission of this information is strictly voluntary.

If you elect to use Garmin's referral service for informing a friend about connect.garmin.com or for emailing an activity to a friend, Garmin will ask you for the friend's email address. Garmin will automatically send the friend a one-time email. Garmin does not permanently store this information.

When you visit connect.garmin.com, a cookie will be stored on your computer. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Garmin Connect website. Garmin's cookies do not contain any personally identifying information; Garmin uses them to provide features such as personalization, to save your member ID. Garmin may also use cookies to assist it in delivering content specific to your interests. Additionally, after you've entered your username and password during a session on the Garmin Connect website, Garmin saves that information so you don't have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of the Garmin Connect website unavailable to you. Garmin may use your IP address to identify you, to administer the Garmin Connect website and to assist in diagnosing problems with Garmin's server.

Like most standard Web site servers connect.garmin.com uses log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

In addition, Garmin uses Google Analytics as a method of tracking site statistics and user behavior on its website.

You may decide to send Garmin personally identifying information in an e-mail message which might contain information or inquiries about Garmin's products or services. Garmin will use this information to identify you as a Garmin customer and to respond to the electronic mail. Garmin will only use the information obtained to resolve the issue identified in the e-mail. Garmin never sells e-mail addresses. You may change your personal information by contacting Garmin Support - http://www.garmin.com/garmin/cms/site/us/support/.

Garmin may transfer personal information that you share within the Garmin group of companies in order to provide the products or services that you request. Except as specified above, Garmin will only share your personal information with third parties if:

What does Garmin do to protect the data I transmit to the Garmin Connect Website?
The Garmin Connect website uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information such as your name and address. Garmin engages a company that is an industry leader in online security and site verification to ensure the security of the Garmin Connect site. The Garmin Connect website is also registered with site identification authorities so that your browser can confirm Garmin's identity before any personal information is sent. In addition, Garmin's secure servers protect this information using advanced firewall technology.

What can I do to help make sure the security works correctly?
To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit information at connect.garmin.com. Please note: If you do not use a SSL-capable browser, you are at risk for having data intercepted. Garmin will not be responsible for any compromise of data that is intercepted due to your use of an unsecured browser.

Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid site identification information for the site you are communicating with, or send information over an unsecured connection. Garmin recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the site you are visiting (secure URLs begin with https:// rather than the normal http://), along with the security symbol of your browser (an open or closed padlock in Netscape or a broken or complete key in Internet Explorer) to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the site to which you are connected. Garmin encourages you to use this to check the validity of any site you connect to using secure communications.

What if information I have previously submitted has changed?
If you need to correct, amend or delete submitted information that is inaccurate please visit myGarmin at https://my.garmin.com/mygarmin/customers/myGarminHome.faces to make changes online. We will respond to your request to access your personally identifiable information within 30 days.

Is Garmin responsible for all of the material I see on the Garmin Connect website?
Garmin does maintain responsibility for and authority over all information contained on the Garmin Connect website. However, Garmin may post links to sites that Garmin does not control. Garmin is not responsible for the privacy practices or content of these sites.

What about the Blog Site?
Garmin maintains a relationship with an outside service provider to administer the online Blog site that can be accessed through Garmin’s site at http://garmin.blogs.com. This website maintains the look and feel of a Garmin website, but any personal information you provide on the Blog site at http://garmin.blogs.com. is stored by the outside service provider. Any personal information submitted on the Blog site is wholly governed by the privacy policy of the outside service provider, which can be found at http://www.sixapart.com/privacy. Garmin recommends that you read that privacy policy before submitting any personal information on the Blog feature. Although the blog pages may have Garmin branding, the outside service provider is prominently identified so that you are aware of who is collecting your personal information.

What about the Forum?
Garmin maintains a forum, accessible through the Garmin Connect website. Garmin administers this feature. Any personal information submitted on the forum is wholly governed by this privacy policy.

If you use the Blog site, or the forum you should be aware that any personally identifiable information you submit in the comment field can be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. Garmin is not responsible for the personally identifiable information you choose to submit in these fields.

What is Garmin's policy regarding children's use of Garmin Connect?
While Garmin encourages everyone to visit the Garmin Connect website and learn about the company and GPS technology and applications, Garmin has no desire to collect personal information from those under the age of 13. Garmin does not knowingly collect personal information from any users under the age of 13. Any instance of personal information about a user under the age of 13 being collected would be purely accidental and unintentional. If Garmin becomes aware that a user is under the age of 13, then Garmin will delete that user''s account.

Where can I learn more about using the Internet and protecting my privacy?
The United States Federal Trade Commission has a web page http://www.ftc.gov/privacy/index.html devoted to providing you with information about protecting your privacy online. Garmin encourages you to familiarize yourself with the concepts discussed on this page.

Privacy/Security Policy changes
Garmin reserves the right to modify this Privacy/Security Statement at any time, so please review it frequently. If Garmin makes material changes to this Privacy/Security Statement, Garmin will update this Privacy/Security Statement and notify you by means of a notice on the Garmin Connect website. In case of a business transaction in which a portion or all of Garmin's business is acquired, Garmin will notify you as described above in this paragraph.

Disclaimer
While Garmin continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be 100 percent secure and Garmin cannot ensure or warrant the security of any information you transmit to Garmin. Transmitting personal information is done at your own risk.

Tell Garmin what you think
Garmin welcomes your questions and comments about security and privacy. Please send e-mail to http://www.garmin.com/garmin/cms/site/us/support/.