PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Welcome to the flyGarmin Web Site (the "Web Site"), which is provided by Garmin Ltd. or one of its subsidiaries ("Garmin"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use this Web Site. BY CONTINUING TO USE THE WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
Garmin may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Garmin may revise these terms and conditions at any time by updating this posting. You should review this webpage from time to time to review the then-current terms because you are bound by these terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. Any rights not expressly granted herein are reserved by Garmin.
RIGHT TO USE THE WEB SITE
Garmin hereby grants you permission to display, copy and download the materials on this Web Site (the "Materials") provided that: (a) you make only one copy of the Materials for your personal, noncommercial internal use only unless specifically licensed to do otherwise by Garmin in writing; (b) you do not remove any copyright notice or other proprietary notices from the Materials; (c) you do not transfer the Materials on this Web Site to another person; and (d) you do not modify the Materials in any way. In addition, you may not "mirror" any Materials on any other server without Garmin's prior express written permission. Furthermore, you agree to prevent any other unauthorized copying of the Materials. If you breach any of these terms and conditions, your permission to use the Web Site will automatically terminate and you must immediately destroy or delete any downloaded or printed Materials.
Our services are available only to individuals who are at least 18 years old and who can otherwise form legally binding contracts under applicable law.
To access certain features at this Web Site, a user must first complete the registration form at the myGarmin portal located at https://my.garmin.com/mygarmin/customers/myGarminHome.faces. If you are granted access following such registration, then you will be required to enter your username and password before accessing those features on this Website. You may not share or transfer your username or password with any third party.
VENUE AND FINDER
The Web Site functions as a venue to connect users in a virtual information place. As a neutral facilitator, Garmin is not directly involved in the actual transactions between users of the Web Site. As a result, Garmin has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Garmin cannot and does not confirm the identity of users. Garmin also does not confirm nor verify the qualifications, background, or abilities of users or the information they post at the Web Site. Therefore, Garmin recommends that you be careful and exercise common sense and good judgment when using the Web Site.
Your correspondence with merchants, advertisers, or users on the Web Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant, advertiser, or user. You agree not to hold Garmin liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Web Site.
THIRD PARTY CONTENT
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties and other users are those of the respective authors and not of Garmin. Garmin neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Web Site by anyone other than authorized Garmin employees acting in their official capacities. You understand and acknowledge that Garmin is not responsible for and does not monitor third party content for accuracy or reliability.
POSTING TO THIS WEBSITE
As a user of the Web Site, You will be allowed to post information, data and text to publicly accessible and limited-access areas of the Web Site. You're not allowed to post logos, seals or slogans from third parties on any part of the Web Site unless they are provided by Garmin,or you have sought and received express permission from Garmin to display such logo, seal or slogan. (Direct all such inquiries to email@example.com).
Web Site, you are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to Garmin and the other use to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
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 the Garmin Web Site. Garmin is not legally responsible for any remarks, information or other Content posted or made available on its Web Site by any user or third party, even if such information or Content is defamatory or otherwise legally actionable. Garmin is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Garmin reserves the right to remove or restrict access to any information or Content posted or made available on its Web Site by its users or any third party if ordered to do so by a court or if Garmin considers such information or Content to be in violation of its posted rules or policies, including information or Content We consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of Garmin or other users.
You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Web Site you agree to provide true, accurate and complete information. Garmin reserves the right to terminate your account upon the discovery that the information you provided or posted is not complete or accurate.
You agree NOT to do any of the following while using the Web Site:
- Violate any applicable law or regulation;
- Post or transmit any Content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
- Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
- Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of Garmin or other users or otherwise objectionable;
- Access, tamper with or use non-public or non-authorized areas of the Web Site. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution;
- Tamper with postings of other users;
- Post logos, seals or slogans from third parties on any part of the Web Site unless they are provided by Garmin;
- Solicit or gather any user's information available from the Web Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Web Site;
- Post false or misleading information about a trek, event, product, service, etc.;
- Frame or link to the Web Site except as permitted in writing by Garmin;
- Impersonate or misrepresent yourself or your affiliation with Garmin or any other person or entity.
SPECIAL NOTE FOR USERS ACCESSING THE WEBSITE WITHIN A FRAME
Garmin has partnered with various web sites ("Framing Sites"), allowing users of those Framing Sites to register for events and to otherwise use the Garmin services within a frame and without leaving the Framing Site. In some cases, Garmin has agreed to provide to the Framing Site personal information collected from people who make use of the Garmin services from the Framing Site (that is, within a frame and without leaving the Framing Site). In these cases, please be aware that the Framing Site operates independently from, and may have privacy and security policies wholly different from, Garmin. If you wish to make use of the Garmin services, but do not wish to have your information shared with third parties, please access our services directly, and not from a Framing Site.
DISCLAIMER OF WARRANTIES
YOU USE THE WEB SITE AT YOUR OWN RISK. Garmin endeavors to provide a convenient and functional Web Site, but we do not guarantee that it will be error free or that the Web Site or the server that operates it are free of viruses or other harmful components. Additionally, while we do not anticipate our server malfunctioning Garmin at times may report a server down or the loss of database information. Garmin urges you to keep backup copies of material you maintain on or use with the Web Site.
As mentioned above, we remind you to be careful in your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE WEB SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND WEB SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
GARMIN MAKES NO WARRANTY THAT THE WEB SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND WEB SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GARMIN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. GARMIN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GARMIN OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY GARMIN, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND GARMIN HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GARMIN MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
GARMIN WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL GARMIN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF GARMIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD GARMIN HARMLESS FROM, AND YOU COVENANT NOT TO SUE GARMIN FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
INTELLECTUAL PROPERTY NOTICES
Certain components of this Web Site are protected by trade dress, trademarks, copyrights, patents and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Garmin. Garmin Software, Garmin, the Garmin logo, and/or other Garmin products referenced herein are trademarks of Garmin Ltd. or its subsidiaries, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. You may not use, and nothing contained on this Web Site grants by implication, waiver, estoppel or otherwise, any right to use any trademark displayed on the Web Site without the written permission of Garmin.
You may not use or export the Materials in violation of U.S. export laws and regulations or any other applicable laws and regulations. Any action related to the Materials or the terms herein shall be governed by Kansas law and controlling U.S. federal law.
The Web Site may have chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user name, identification or e-mail address. Any information you post in such forums is public information and we cannot control what uses third parties may make of personal information you share in such forums.