Garmin terms and conditions
I have been thinking about posting all the license agreements that I have agreed to and not actually read. I think the state of our legal system is out of date and these agreements are just one symptom. By posting it here, perhaps my readers will alert me when I have agreed to something ridiculous, but I'm not holding my breath. Not because I think I won't agree to something ridiculous, but why should you read my agreements if I don't.
Below is my first license agreement that must be agreed to in order to register my Garmin nuvi.
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myGarmin™ Terms of Use This document states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use the myGarmin document portal (the "Portal"). As used herein, the term "you" refers to any person, entity, and/or organization granted access to the myGarmin portal. Please read these Terms carefully. By accessing and using the Portal, you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Portal. Garmin may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. Registration In order to gain access to the Portal, you will be required to register with Garmin and be approved for access to the Portal. If you are granted access, you will be required enter your username and password before entering the Portal. You may not share your username or password with any third party. Use of Materials and Confidentiality Garmin authorizes you to view and download a single copy of certain Materials and documents designated for your viewing on the Portal for the sole purpose as described in the Portal documentation, which is incorporated into this Agreement by reference. The contents of the Portal, such as posted documents, text, graphics, images, drawings, and other materials (collectively, the "Materials") are the sole and exclusive property of Garmin and may constitute trade secrets or proprietary or confidential information of Garmin (hereinafter "Confidential Materials") if designated as confidential or proprietary by Garmin either in the Materials or in the Portal documentation. You agree not to disclose any of the Materials to any person or entity without the prior written consent of an authorized representative of Garmin, provided that you may disclose necessary portions of the Materials to any of your employees who have a need to receive such Materials for the limited purpose stated in the Portal and who have signed appropriate written agreements sufficient to compel such employee to comply with your confidentiality obligations hereunder. You shall take all necessary reasonable precautions to keep confidential the Materials viewed or downloaded from the Portal and prevent their unauthorized use. You agree to be responsible for enforcing the terms of this Agreement as to your employees and to take such action, including appropriate legal action, as may be necessary to prevent any unauthorized use or disclosure of Garmin's Materials by such employees. You agree not to use the Materials to reverse engineer, decompile, or disassemble any products or technology of Garmin. You may not, without the prior written permission of Garmin, "mirror" any Materials contained on the Portal. Further, unauthorized use of the Materials may violate copyright, trademark, and other laws. You shall notify Garmin immediately upon discovery of any unauthorized use or disclosure of any Materials and shall cooperate with Garmin in every reasonable way to help it regain possession of the Materials and prevent any further unauthorized use or disclosure. Copyright The copyright in all Materials posted to the Portal is held by Garmin or by the original creator of the Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Garmin or the copyright owner. Garmin's Liability The Materials may contain inaccuracies or typographical errors. Garmin makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Portal and the Materials. Any use of the Portal and the Materials is at your own risk. Changes are periodically made to the Portal and may be made at any time. Some Materials on the Portal may be provided by third parties, and Garmin shall not be held responsible for any such Materials provided by third parties. GARMIN DOES NOT WARRANT THAT THE PORTAL WILL OPERATE ERROR-FREE OR THAT THIS PORTAL OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE PORTAL OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF DATA, GARMIN IS NOT RESPONSIBLE FOR THOSE COSTS. THE PORTAL AND MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM 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. GARMIN AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS AND PORTAL. Disclaimer of Certain Damages IN NO EVENT SHALL GARMIN OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, DIRECTORS OR EMPLOYEES 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 PORTAL AND THE MATERIALS, 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 The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, 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 Materials. General All legal issues arising from or related to the use of the Portal shall 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 this Portal, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Portal is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Any changes to this Agreement must be made in writing, signed by an authorized representative of Garmin. If you violate any of these Terms, your permission to use the Portal automatically terminates. Return Of Materials At the termination of your right to access the Portal or otherwise upon the written request by Garmin, you shall within ten (10) business days after receipt of such request, return to Garmin all documents and other Materials obtained from the Portal. Indemnity You agree to defend, indemnify, and hold harmless Garmin and its officers, directors, employees, agents, and affiliated companies from and against any claims, actions, damages, or demands, including without limitation reasonable legal and accounting fees, arising from or relating to your use of the Portal or your breach of the terms of this Agreement.
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