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. If you purchased your Application
from a third party application vendor, THE SOLE
AND MAXIMUM RESPONSIBILITY OF THE
APPLICATION VENDOR IN THE EVENT OF A
WARRANTY FAILURE IS A REFUND OF THE
APPLICATION PURCHASE PRICE.
ANY CONTENT OR MATERIAL DOWNLOADED OR
UPLOADED OR OTHERWISE OBTAINED
THROUGH THE SOFTWARE IS DONE AT YOUR
OWN DISCRETION AND RISK. YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR ELECTRONIC COMMUNICATION DEVICE
OR ANY LOSS OF DATA THAT MAY RESULT
FROM THE DOWNLOAD OR UPLOAD OF ANY
SUCH CONTENT OR MATERIAL OR THE USE OF
THE SOFTWARE.
Predictive Routing.
Your device may have a
"predictive routing" feature called myTrends that
identifies your driving routines. If it does have this
feature, when your device predicts a route, it will
display your estimated time to destination and
relevant traffic information regarding the predicted
route. Information related to your driving routines
would be accessible to any other person who uses
your device. If you do not want your device to predict
your routes or display information related to predicted
routes, you may turn off myTrends by accessing your
device's Settings menu.
Collection of Information.
We may collect
information relating to how often you use the Garmin
Product or the frequency with which certain
applications and features of the Garmin Product are
used. This information would be collected
anonymously, in a way that does not personally
identify you. We may use this information to detect
broad user trends and to otherwise enhance our
products or applications. The use of location-based
services on the Garmin Product, which may include
weather, movie times, traffic information, fuel prices,
or information regarding local events, will cause the
physical location of your device to be collected in
order to provide you with such location-based
services. This location data is collected anonymously
in a form that does not personally identify you. If you
provide your consent then Garmin will collect and
upload information such as your location, speed, and
direction (known as "traffic probe data" or "floating
car data") in order to enhance the quality of the traffic
data and other content provided by Garmin or other
Content providers. If you provide your consent, then
Garmin may also share this data with or sell this data
to third parties. This data is shared and sold
anonymously in a form that does not personally
identify you. The collection and use of this location
information are described in more detail in the privacy
statement for the Garmin Product.
Disclaimer of Endorsement; Change of Content
Providers.
Reference to any products, services,
processes, hypertext links to third parties or other
Content by trade name, trademark, manufacturer,
supplier or otherwise does not necessarily constitute
or imply its endorsement, sponsorship or
recommendation by Garmin or its licensors. Product
and service information are the sole responsibility of
each individual vendor. The HERE name and logo,
the HERE and HERE ON BOARD trademarks and
logos, and other trademarks and trade names owned
by HERE North America LLC may not be used in any
commercial manner without the prior written consent
of HERE. Content providers may be changed by
Garmin during the term of this Agreement, and your
experience with the Content provided by a new
provider may not duplicate your experience with the
previous Content supplier.
Export Control.
You agree not to export from
anywhere any part of the Content 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 or possession by you
of the Garmin Products.
Map Data.
Use of the Map Data is subject to certain
restrictions and/or requirements imposed by third
party suppliers and/or governmental or regulatory
authorities, and in the case of HERE Data, as further
set forth at
http://corporate.navteq.com/supplier
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 Garmin Products, or (b) licenses Content. You
agree, upon termination, to destroy all copies of the
Content. 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
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