GARMIN® GARAGE TERMS AND CONDITIONS

Last updated August 11, 2008

The following are terms of a legal agreement between you and Garmin Ltd. and/or its subsidiaries ("Garmin" "we," "us," "our") for accessing, downloading, browsing, using and submitting ideas to the Garmin Garage Site available at http://www.garmin.com/vehicles/. By accessing, downloading, browsing, using and submitting ideas to the Garmin Garage Site, you acknowledge that you have read, understood, and agree, to be bound by these terms (the “Garmin Terms and Conditions”) and Garmin’s International, Inc.’s Terms of Use for its www.garmin.com website (“Master Site Terms”) available at www.garmin.com/privacy/terms.html, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not access, download, browse, use or submit information to the Garmin Garage Site. The material provided on Garmin Garage Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Garmin Garage Site is controlled and operated by Garmin from its offices within the United States. Garmin makes no representation that materials at the Garmin Garage Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Garmin Garage Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

Please return to the Garmin Garage Site and review the Garmin Terms and Conditions from time to time, as they may be amended without notice. Any changes to the Garmin Terms and Conditions will be effective immediately upon the posting of the revised Garmin Terms and Conditions on the Garmin Garage Site.

Copyright

The copyright in all materials contained in the Garmin Garage Site is held by Garmin or by the original creator of the materials. Except as stated herein or on the Garmin Garage Site, 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.

Downloads

The vehicle icons you download from the Garmin Garage Site are to be used solely with the Garmin products expressly specified by the Garmin Garage Site. The vehicle icons and other materials you download are provided on an “as is” basis without warranty of any kind – either expressed or implied – including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Garmin does not warrant that the vehicle icons will work with every Garmin product or that the icons will operate error free. If your Garmin product is under warranty and the vehicle icon causes performance issues, please contact Garmin’s customer service department.

Submissions

You agree that if you submit any ideas, notes, postings, suggestions, concepts, stories, videos, recordings, photos or other material (collectively, “Submitted Material”) through or to the Garmin Garage Site via any means, you hereby grant to Garmin and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use the Submitted Material in any form and all media now or hereafter known throughout the world without restrictions of any kind or any approvals or consents required from you or any third party.

Notwithstanding the foregoing, to the extent the Submitted Material is based on, derived from, or uses materials downloaded by you or otherwise made available through the Garmin Garage Site, you understand that as between Garmin and you, the Submitted Material (including, without limitation, the results and proceeds and any other work based on or derived therefrom), and all other materials of every kind whatsoever created by you (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for Garmin. Garmin is the “author” of the Work for all purposes, including without limitation the copyright laws of the United States, and Garmin is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, including all so-called “moral rights of authors” and “droit moral” rights (which you also hereby waive) and any similar or analogous rights under the applicable laws of any country of the world.

Without limiting the binding effect of any of the foregoing provisions, in the event that any of the Work is not deemed to be a “work made for hire” for Garmin, you hereby irrevocably and exclusively grant and assign to Garmin (or, if any applicable law prohibits or restricts such assignment, you hereby grant to Garmin an irrevocable, perpetual, royalty-free, transferable license of) all right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised. At the request of Garmin, you shall execute and deliver to Garmin such assignments or other instruments as Garmin may deem reasonably necessary to establish, protect, enforce and/or defend any or all of Garmin’s rights in the Work. If you fail to so execute and deliver any such instrument after reasonable notice, Garmin shall have the right to do so in your name, place and stead, and Garmin is hereby irrevocably appointed as your attorney-in-fact for such purposes, which power is coupled with an interest.

Garmin’s rights in and to any Submitted Material or Work shall include the right to make such changes therein (including, but not limited to, the rights to exploit the Submitted Material and Work (or not) by any and all means now known or hereafter devised throughout the universe in perpetuity, including, without limitation, the right to alter, change, modify, edit, adapt, composite, morph, scan, duplicate, publicly perform, stream, use and cut the Submitted Material and Work) and any uses thereof as Garmin may from time to time determine by any and all means and/or media now or hereafter devised. Garmin shall be free to use, modify, license, sell and/or assign any or all of its rights in the Submitted Material and Work at any time and from time to time, in whole or in part, to any person or entity without permission from, or notice or compensation to, you.

You will not have any claim against us with respect to use of the Submitted Material or Work, and to the extent a claim is made against us or any our licensees, agents or assigns by any third party with respect to the Submitted Material or Work, you agree to indemnify and hold Garmin, and its respective affiliated companies, directors, employees, agents, licensees, contractors harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. You agree that, in the event you make a submission to us (including, without limitation, the Submitted Material, any postings on our message boards or in our chat rooms): (i) your submission is original with you and accurate, and is not a reproduction or derivative of a copyrighted image or other work, (ii) your submission does not violate, and its use, display, or reproduction by Garmin or others will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material to the Garmin Garage Site or using or accessing our message boards or chat rooms, and we may pursue any remedies available under these Garmin Terms and Conditions, the Master Site Terms or at law.

You further agree not to (i) use the Garmin Garage Site, the content, or any products or services included on or available through the Garmin Garage Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying the Garmin Garage Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Garmin Garage Site are able to type, hacking or defacing any portion of the Garmin Garage Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Garmin Garage Site or any content on the Garmin Garage Site.

We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Garmin Garage Site, in our sole discretion.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Garmin Garage Site is subject to our Privacy Policy available at www.garmin.com/privacy/.

Infringement and Regulatory Complaints

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using the Garmin Garage Site in violation of any applicable federal, state, or local laws.

We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, 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:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
  • A description of the work you claim has been infringed;
  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Garmin Garage Site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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:

Garmin International, Inc. Attn: Legal Department 1200 East 151st Street Olathe, KS 66062 patents@garmin.com

Garmin's Liability

Garmin does not warrant that the Garmin Garage Site will operate error-free or that its servers are free of computer viruses or other harmful goods. If your use of the Garmin Garage Site results in the need for servicing or replacing of equipment or loss of data, Garmin is not responsible for those costs.

The Garmin Garage Site is 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 Garmin Garage Site and its materials.

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 GARMIN GARAGE SITE, 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.

Trademarks

Garmin is a registered trademark of Garmin Ltd. or its subsidiaries. All other brands, product names, company names, trademarks and service marks are the properties of their respective owners. All rights reserved.

Miscellaneous

The Garmin Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of the Garmin Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. The Garmin Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use the Garmin Garage Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

All legal issues arising from or related to these Terms and Conditions or the use of the Garmin Garage Site 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. You agree that the exclusive forum for any claims or causes of action arising out of your use of the Garmin Garage Site is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County.