Kenwood DNX573S Navigation - Page 4

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 _terms.html. 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