Thank you for using the garminasus.com Web site (the "Web Site"), which is owned by Garmin® International, Inc. ("Garmin") and ASUSTeK Computer Incorporated ("ASUS"), and operated and maintained by Garmin International, Inc. This page states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use this Web Site. Please read this page carefully. By accessing and using this Web Site 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 Web Site. Garmin and ASUS may, at their 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.
Use of Material
Garmin and ASUS authorize you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed on this Web Site and are incorporated into this Agreement by reference. You may not, without the prior written permission of Garmin and ASUS, "mirror" any material contained on this Web Site on any other server.
The contents of this Web Site, such as text, graphics, images, audio, video and other material as well as the domain names, tagline, organization and user look-and-feel of this Web Site (collectively, the "Material"), are protected by copyright, trademark and other such laws under both United States and foreign laws, and are owned or controlled by Garmin Ltd. or its subsidiaries, ASUS or by third parties that have licensed their Material to Garmin and/or ASUS. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the prior written permission of Garmin and/or ASUS (as applicable). The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Garmin and ASUS. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by Garmin Ltd. or its subsidiaries, ASUS or third parties. You are prohibited from use of those Marks without the express, written permission of Garmin, ASUS or such third party (as applicable). If you would like information about obtaining Garmin's and ASUS's permission to use the Material on your Web site, e-mail email@example.com.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Garmin's and ASUS's Liability
The Material may contain inaccuracies or typographical errors. Garmin and ASUS make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site may be provided by third parties and Garmin and ASUS will not be held responsible for any such Material provided by third parties.
GARMIN AND ASUS DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR GARMIN'S SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN AND ASUS ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN AND ASUS AND THEIR 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 ASUS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Certain Damages
IN NO EVENT WILL GARMIN, ASUS, THEIR SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THIS SITE 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 WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN OR ASUS 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 Web Site 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 or ASUS of the contents on such third-party Web sites. Garmin and ASUS are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Limitation of Liability
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site. UNDER NO CIRCUMSTANCES WILL GARMIN OR ASUS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
You agree to defend, indemnify, and hold harmless Garmin and its affiliates, ASUS and its affiliates, and their respective 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 use of the Material or your breach of the terms of this Agreement. Garmin or ASUS (as applicable) will provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
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.
Garmin and ASUS make no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
All legal issues arising from or related to the use of the Web 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. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web 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 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. Except as expressly provided in a particular "Legal Notice" for material on particular web pages, this Agreement constitutes the entire Agreement between you and Garmin and ASUS with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Garmin and ASUS.
Notice: Acceptance of Terms and Conditions of Use
Use of this Site is subject to certain Terms and Conditions of Use, which constitute a legal agreement between you and Garmin and ASUS. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use. Please review the Terms and Conditions of Use, and if you do not agree to the terms, do not use this Site.
Pricing information: No charge is imposed by the provider to the consumer for the use of the Web Site.
Complaints and further information: 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, or by e-mail at firstname.lastname@example.org.
Garmin reserves the right to change or modify this policy at any time by posting such change or modification on this page.
TRADEMARKS, LOGOS, AND SERVICE MARKS
The trademarks, logos, and service marks (collectively the "Marks") used on the Web Site are trademarks of their respective owners.
NOTICE SPECIFIC TO SOFTWARE AND OTHER MATERIAL AVAILABLE FOR DOWNLOAD ON THIS WEB SITE
All software, tools, utilities or other material ("Software") that is made available to download from this Web Site contains proprietary material and confidential information that is protected by applicable intellectual property and other laws. The Software is made available for download from this Web Site solely for your convenience and solely for use by end users according to the terms of the end user license agreement except as expressly set forth in such end user license agreement you may not (and may not allow a third party to) copy, modify, reverse engineer, sell or distribute works based on the Software or any aspect thereof.
GARMIN AND ASUS HEREBY DISCLAIM 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 AND ASUS WILL NOT BE LIABLE IN ANY WAY, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GARMIN AND ASUS FROM AND AGAINST (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 AND ASUS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.