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	Legal Information, Terms & Conditions Privacy Policy Terms of use General terms of use and conditions for online sales Limited Warranty Privacy Policy Scope GPS-Buddy Incorporated and its parent company, subsidiaries and affiliates (collectively "GPS-Buddy", "us", or "we") appreciate the interest you have shown in its products and services by visiting the website www.GPS-Buddy.com ("Website"). This Privacy Policy outlines the guidelines we have established with respect to the information GPS-Buddy collects when you interact with GPS-Buddy, such as when you visit our Website, when you use the products and services offered by GPS-Buddy, like the GPS-Buddy Connect or GPS-Buddy Max, or when you subscribe to our newsletter or when you are in contact with our Customer Support. "Personal Information" is information about you that is personally identifiable to you like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with the foregoing. "Anonymous Information" means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons. In accessing the Website or related Communication Channels you accept all the terms and conditions of this Privacy Policy. You also agree that GPS-Buddy may amend and/or revise this Privacy Policy at its discretion and you agree to be bound by these revisions and amendments. Your Personal Information may be processed in the country where it was collected as well as in third countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country. If you do not agree with the terms and conditions of this Privacy Policy we request that you immediately cease using and accessing the Website or related Communication Channels as well as the products and services for which you need to provide Personal Information. Collection of Personal Information by GPS-Buddy The Personal Information we gather from you helps us learn about our visitors and customers. We use this information to provide you with our products and services and the products and services of our carefully selected partners, to develop new products and services, to better tailor the features, performance and support of our products and services, and to offer you additional information and opportunities. We collect Personal Information that you submit to us voluntarily through our Website or related Communication Channels and your use of our products and services. The types of Personal Information we collect are: If you set up a "GPS-Buddy" account, we will collect your contact details such as name, address, gender, email address and country as well as, if appreciated, the information you provide us with in order to receive future newsletter of your preference. If you buy items from our webstore, we will collect your full name, the name of your company (if applicable), your postal address (each for shipping and billing purposes), email address, phone number, and all the information we need to process your payment of the purchase amount. If you request customer support services for GPS-Buddy products and/or services, we will collect Personal Information to enable us to provide such customer support services to you, including your name, mailing address, phone number, email address, and contact preferences. We will also collect other information about the GPS-Buddy products you own, such as the serial numbers, date of purchase and information related to a support or service issue, some of which might be Personal Information. GPS-Buddy may collect Personal Information through surveys for market research purposes to gain a better understanding of our customers, to improve our products and services, and to develop new products and services. The information we collect in such instances depends on the survey, but might include your name, address, age, information about your use of our services and products and the like. If you send us an email to apply for a position with GPS-Buddy, we will collect your email address and the full content of your email, included attached files, such as resumes, and other information necessary to process your application. Any Personal Information which you supply to GPS-Buddy shall be true, complete and accurate in all respects. You agree to notify GPS-Buddy immediately of any changes to your Personal Information via our Website or related Communication Channels. Cookie Policy This Website uses Cookies to allow GPS-Buddy to collect data about the visitors of the Website and users of our service (that we may associate with Personal Information that we have collected from you) and to customise and personalise our Website and related Communication Channels for its viewers. A "Cookie" is a small text file that is placed on your hard disk by a web server and is used by our Website or related Communication Channels to identify your computer whenever you visit our Website. GPS-Buddy uses Cookies to store your preferences and other related information. GPS-Buddy does not use Cookies to gather other information from your personal computer. Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the Website or related Communication Channels may not work properly. Information Collected Via Technology As you navigate our Website or related Communication Channels, certain Anonymous Information may also be collected passively, including your Internet protocol address, browser type, and operating system. We also use Cookies and data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information for which you searched and viewed. We use this Anonymous Information to measure the traffic on our Website and related Communication Channels and to help us make our Website and Communication Channels more useful. We delete this information after a period of time. Personal Information we receive from Other Sources We may receive Personal Information about you from third parties that provide us with data from their databases. We may add this information to the information we have already collected from you for the purposes described in this Privacy Policy. How does GPS-Buddy processes Personal Information and Anonymous Information? Personal Information will be collected, processed, and used by GPS-Buddy for the purposes as mentioned in this Privacy Policy. Your Personal Information is used by GPS-Buddy to perform its obligations resulting from the delivery of the GPS-Buddy products and/or services to you, under the End-User License Agreement, Limited Warranty, if any, or any other terms that may apply. GPS-Buddy uses your Personal Information to respond to your questions and to fulfill your requests or to manage interactive customer programs. GPS-Buddy is entitled to contract third parties for its fulfillment of its obligations hereunder, however, GPS-Buddy will not provide your Personal Information to a third party without your permission, except as necessary to process your order, fulfill your requests or manage the interactive customer programs or if compelled by law. These third parties may help GPS-Buddy to i.e. process information, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services or to conduct customer research or satisfaction surveys. These third parties are also obligated to protect your Personal Information in accordance with this policy. GPS-Buddy is and will remain responsible for the use of your Personal Information. You acknowledge and agree that GPS-Buddy may use Personal Information to contact you via mail, via e-mail or phone to inform you of our (new) products and/or services and the products and services of our carefully selected partners, promotions we may offer, to submit a customer survey and any other marketing activity. GPS-Buddy takes measures to select product or service providers that are reputable. However, we cannot make any representations about the practices and policies of these companies. If you do not want GPS-Buddy to share your information with third parties, [you can let us know by indicating such preference and "opting-out" by following the instructions provided at the time you register as a member with GPS-Buddy or each time we request information from you or at other points or by contacting us directly (please see contact information below)]. GPS-Buddy is entitled to contract third parties to perform its direct marketing activities. GPS-Buddy may use your Personal Information to conduct market research, to improve our products and/or services, to provide more responsive customer service and to improve our Website, products and services. GPS-Buddy may provide, distribute or disclose your Personal Information to third parties where GPS-Buddy reasonably believes that it is required to do so to conform to legal requirements or litigation, to protect and defend the rights or property of GPS-Buddy or other third parties, to enforce this Privacy Policy or act to protect the interests of its users. GPS-Buddy is also entitled to disclose your Personal Information for the purposes of national security or other issues of public importance, at GPS-Buddy's discretion. Your Personal Information and Anonymous Information are stored by GPS-Buddy in a central database. This central database is shared by all GPS-Buddy entities that will use this information on a "need to know" basis in accordance with this Privacy Policy. You acknowledge and agree that GPS-Buddy may exchange any Personal Information between the GPS-Buddy entities including, but not limited to, those based in countries within and outside the EU, for the purposes mentioned in this Privacy Policy. GPS-Buddy may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the information personally identifiable to you. We may use this Anonymous Information to analyse usage patterns, to improve our services and reserve the right to use and disclose Anonymous Information to third parties in its discretion. If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. Your Choices regarding your Personal Information We offer you choices regarding the collection, use and sharing of your Personal Information. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you e-mails regarding our products and services or notices of any updates to the terms and conditions or Privacy Policy. You may change any of the Personal Information in your account by editing your account information at your profile area in your "MyGPS-Buddy" account. Information for Persons Outside the United States By consenting to this Privacy Policy, you confirm that you command knowledge of English is sufficient to understand the terms and conditions set forth herein. For persons in the European Union, as used herein, terms such as "Personal Information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. We will not collect any personal data from you unless you provide it to us voluntarily with your freely given specific and informed consent. By using GPS-Buddy, our Website, products and/or services, you agree that we may transfer your personal information outside the European Union in connection with the purposes stated in this Privacy Policy. Your personal data may be transferred to the United States (and/or other non-European Union jurisdictions, as applicable). California Privacy Rights Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. For inquiries regarding our disclosure policy, please refer to the contact form on our website. Transfer of Business Assets In the event that GPS-Buddy undergoes a change of control or is sold or transferred, or in the event that substantially all of its assets are sold or transferred to a third party, GPS-Buddy's website, products and services, and any personally identifiable information collected by GPS-Buddy, will be among the transferred assets. By using our Website, products and/or services, you hereby agree and consent to such transfer or assignment of your personal information collected by GPS-Buddy or to a change of control of GPS-Buddy, and you further waive any claims that could be made against us in relation thereto. Feedback If you provide feedback to us, we may use such feedback for any purpose, provided we do not associate such feedback with your Personal Information. GPS-Buddy will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy. Other Sites Our provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content and privacy practices. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. If you are concerned about the privacy policy of a certain third party, you may contact them directly or visit their individual web sites to learn more about their individual privacy policies. Regarding Children GPS-Buddy, our Website, products and services are not directed toward children. If you are under the age of 13, you may not give us any Personal Information, you may not create an account on our Website, you may not sign up for or participate in any of our services, or buy anything through our Website. Except as may be required by law, GPS-Buddy will not knowingly collect, maintain, or disclose any Personal information from children under the age of 13. If you are between the ages of 13 and 18, please let your parent or guardian know about this Privacy Policy and get his or her permission before you give us any of your Personal Information, before you use any of our bulletin boards or chat rooms, before you sign up or participate in any of our services, and before you buy anything from our Website. Do not disclose your real name on a bulletin board or in a chat room, and never tell anyone online anything private about yourself or your family, including your phone number and address. GPS-Buddy encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the internet, including our Website. Parents and guardians should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. If you are a parent or guardian who has discovered that your child has submitted his or her Personal Information without your permission or consent, we will take reasonable steps to promptly remove that information from our database at your request. To request removal of your child's information, please use the contact form on our website and be sure to include in your message the same account name, password, and email address that your child submitted. Safeguarding the information you share with us We recognize our responsibility to protect the Personal Information you entrust to us. We take precautions including administrative, technical and physical measures to safeguard your Personal Information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Whenever you give GPS-Buddy sensitive or confidential information, such as credit card numbers, we will use standard encryption technology when transferring or receiving such information to ensure that your privacy is protected. Unless otherwise specified herein or on the site where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes. While GPS-Buddy takes precautions against possible breaches in its web sites and customer databases, no company, including GPS-Buddy, can fully eliminate security risks associated with Personal Information, and no website or Internet transmission is completely secure. Accordingly, GPS-Buddy cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur and cannot be held liable for any unauthorized access or use of the data you have supplied to GPS-Buddy. Your use of our Website and services is at your own risk. We urge you to take steps to take precautions to protect your Personal Information when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure Internet browser. Your Consent By using GPS-Buddy's Website, products and/or services, you consent to the terms of this Privacy Policy and to our use of your Personal Information for the purposes given where the information is collected. If you do not agree to this Privacy Policy, you are not authorized to use our Website, products, and/or services. We reserve the right to make changes in this Privacy Policy, provided that we give notice to you of any such changes. Please check back from time to time to ensure you are aware of any such notices of changes in our privacy practices. Your continued use of GPS-Buddy's Website, products and/or services will signify your acceptance of these changes. Privacy questions If you think that the use of your Personal Information is not in alignment with the purpose for which you have provided it to GPS-Buddy, as described in this Privacy Policy, or if you have any questions or suggestions regarding this Privacy Policy, please refer to the support pages on our website. We will duly process your questions, requests and suggestions. Privacy Policy Updates This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page. If you object to any such changes, you must cease using our Website and our products and services for which Personal Information is collected. Continued use of our Website and our products and services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. This Policy was last updated in October 2008. Copyright © 2008 GPS-Buddy Incorporated. All rights reserved. Terms of use Thank you for visiting GPS-Buddy http://www.GPS-Buddy.com . This website is provided to you by GPS-Buddy Americas (hereinafter ?GPS-Buddy'). By accessing and using this website you agree to be bound by the following terms of use (hereinafter ?Terms of Use') and all terms and conditions referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you. 2. If you disagree with any of these terms of use, you should not use this website. If you do not agree to any additional terms which apply to particular materials, content, products, services or information contained in or available through this website (including but not limited to software, audio, video, text and photographs, domain names, tagline, lay-out and user look-and-feel of this website) (the ?Materials') or transaction concluded through this website (such as the purchase of GPS-Buddy products and services), you should not use the part of the website which contains such Materials or through which transactions may be concluded and you should not use such Materials or conclude such transactions. 3. These Terms of Use may be amended by GPS-Buddy at any time. The amended Terms of Use are effective as of the date of posting on this website. Please check this webpage regularly. Other GPS-Buddy websites may apply different terms of use. Also, additional terms and conditions (such as the applicable end user license agreement) may apply to specific Materials or transactions concluded through this website and you may be requested to explicitly accept such terms and conditions. Such terms may be in addition to these Terms of Use or, to the extent they are inconsistent with the content or intent of these Terms of Use, such terms will supersede these Terms of Use. 4. Although care has been taken to ensure the accuracy of the information on this website, GPS-Buddy assumes no responsibility therefore. This website and the Materials are provided ?as is' and ?as available'. 5. This website may contain references to specific products and services of GPS-Buddy that may not be available or shall not become available at any time in a particular country. Please contact our local representative for further information. 6. GPS-BUDDY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE MATERIALS. GPS-BUDDY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. GPS-BUDDY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAY MAKE THIS WEBSITE AVAILABLE OR ANY - 2 - ELECTRONIC COMMUNICATIONS SENT BY GPS-BUDDY ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. 7. To the maximum extent permitted by applicable law, neither GPS-Buddy nor its affiliates, suppliers and/or subcontractors shall be liable to you or any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to access the website, loss of data or information, loss of business, loss of profits, business interruption or the like) arising out of the use or the inability to use the website or the Materials, even if GPS-Buddy has been advised of the possibility of such damages. 8. Our provision of links to other websites or locations (?links') is solely for your convenience and does not signify our endorsement of such other websites or location or its contents. If you use these links, you will leave our website. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of the GPS-Buddy Privacy Policy do not apply to these outside websites. 9. You agree to use the website only for lawful purposes. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise damage the website or the Materials. You agree not to add to, subtract from or otherwise modify the Materials, or attempt to access any Materials that are not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties. 10. All Materials are protected by copyright and other intellectual property rights and belong to GPS-Buddy or its licensors. All rights in the Materials not expressly granted herein are reserved. Except as otherwise provided, the Materials may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Materials, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of GPS-Buddy is strictly prohibited. All copyright and other proprietary notices of GPS-Buddy or its licensors shall be retained on all reproductions. 11. Software made available for downloading from or through this website is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end-users only and any further copying, reproduction or redistributions of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. GPS-Buddy hereby expressly disclaims all further representations and warranties of any kind, express or implied, with respect to such software. 12. Any information or material sent through or in connection with this website by you (?Information') will be treated as non-confidential and immediately become the property of GPS-Buddy, subject to GPS-Buddy's privacy policy. GPS-Buddy may use such Information as it deems fit, anywhere in the world, without obligation for compensation, and free of moral rights, intellectual property rights and/or other proprietary rights in or to such Information. 14. This website uses cookies to allow GPS-Buddy to collect data about the visitors of the website and the users of our services. Learn about cookies http://www.GPS-Buddy.com/legal/privacy. GPS-Buddy collects (personal) data through or in connection with this website and shall process such data in accordance with the GPS-Buddy privacy policy. 15. These Terms of Use and any disputes related to these Terms of Use are governed by the laws of Massachusetts, without regard to any principles of conflicts of law that would result in the application of the law of any other jurisdiction. All disputes arising out of these Terms of Use shall be settled by the courts of Boston, Massachusetts, United States which will have exclusive jurisdiction in respect of any such disputes. 16. If you have any questions, requests or suggestions, please refer to our website http://www.GPS-Buddy.com/contact us . We will duly process your questions, requests and suggestions. General Terms and Conditions for Online Sales of GPS-Buddy Americas 1) Scope a) These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item, service or subscription offered to you on or via the GPS-Buddy website or, a GPS-Buddy device or other GPS-Buddy application (referred to in these Terms and Conditions as the “Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”) and (ii) services offered by GPS-Buddy (“Services”), which may include (separately or bundled) Internet-based services, or the provision of other data, information, (third party) functionality or content, whether offered to you on a subscription basis (“Subscription”) or on a pre-paid basis and delivered in one or more parts. 2) Orders a) Any purchase order submitted is subject to acceptance by GPS-Buddy. Only upon acceptance by GPS-Buddy by way of an order confirmation is the agreement concluded. b) GPS-Buddy reserves the right to reject any orders in full or in part or to apply a maximum order amount. c) All orders for Hardware are subject to stock availability. 3) Price and payment a) Prices indicated on the website are exclusive of state and local sales and use taxes. You are responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with your order. If state and local sales and use taxes are due, these amounts will be added to the sale price and your payment will be inclusive of those amounts. Shipping and handling charges (if any) will apply in addition to the sale price indicated on the website and the applicable sales and use taxes. Prices are subject to change at any time but will not affect orders for Hardware, (pre-installed) software (“Software”) or Services made (subject to clause 7c). b) All orders must be paid for through the payment service as made available by GPS-Buddy (“Payment Service”). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order. 4) Delivery and risk of loss a) GPS-Buddy will endeavor to deliver or activate the Product within thirty (30) days of order acceptance. If multiple Products are ordered, GPS-Buddy reserves the right to deliver or activate each Product separately. b) Products will be delivered either to your delivery address or possession, or electronically. The risk of loss will pass to you at the moment the Products are delivered. c) If you refuse or neglect to take delivery of the Products, GPS-Buddy reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made. d) If delivery to you should fail for any reason outside of GPS-Buddy's control, GPS-Buddy reserves the right to cancel the purchase agreement and refund any monies paid. e) If GPS-Buddy delivers a Product or an amount of a Product that you did not order or activates a Product on your device by mistake, you shall immediately inform GPS-Buddy of its mistake by email via the contact form on our site and you shall, at GPS-Buddy's request, immediately arrange for the return of the Product (the costs of which shall be met by GPS-Buddy), de-install or destruct the Product. f) Acceptance of a non-ordered Product or amount of a Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with GPS-Buddy. 5) Cancellation Policy a) GPS-Buddy allows you to cancel a purchase agreement for Hardware for any reason provided that it has not yet been used at any time during the seven (7) working days following the date of your delivery address and will refund the purchase price actually paid. If you choose to cancel the purchase agreement for Hardware, you must contact GPS-Buddy during the seven (7) working days following receipt by email via the contact form on our site to obtain a Return Materials Authorization number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by GPS-Buddy. GPS-Buddy may charge you for any directly associated shipping or postage costs incurred. b) You agree that the performance of Services by GPS-Buddy will commence immediately on GPS-Buddy's acceptance of your order. You will not be able to cancel such Services after such performance commences, unless GPS-Buddy fails to provide the Services with reasonable care and skill. 6) License, Copyright & Confidentiality a) Subject to these Terms and Conditions, you are granted a license to reproduce in order to install and execute the Software and/or the data, information, functionality or other content (“Content”) provided to you as part of the Hardware or via for personal and private use only on the terms set out in this article 6 (“License”). You may install and use the Software and Content on only one computer device at any time and in combination with only one navigation system. You may not provide the Software or Content to others, directly or indirectly for their or anyone else's use. This License is non-exclusive and non-transferable which means that GPS-Buddy is free to license the Software and Content to other customers and that your right to use the Software and Content cannot be transferred by you to someone else. This License does not include any right to obtain future upgrades, updates or supplements to the Software or Content, unless GPS-Buddy has specifically indicated that obtaining such updates, upgrades or supplements is an integral part of the Product. If upgrades, updates or supplements to the Software or Content are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms and Conditions or such other terms and conditions as you shall be asked to accept prior to GPS-Buddy supplying you with the relevant upgrade, update or supplement. b) GPS-Buddy reserves the right, with or without notice, to discontinue update upgrade and supplement services provided to you or made available to you through the use of the Software or Content, unless the provision of such updates, upgrades or supplements forms an integral part of the Product, as indicated by GPS-Buddy at the time of sale. c) Without prejudice to any other rights, GPS-Buddy may immediately terminate the License without notice of default being required if you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9. In such event, you must destroy all copies of the Software and all of its component parts as well as any Content. d) Copyright and other intellectual, industrial and/or proprietary rights to the Software, to the Content, and to any copies made of it are owned by GPS-Buddy and/or its suppliers. GPS-Buddy permits you to use the Software and Content only in accordance with these Terms and Conditions. All rights not specifically granted in these Terms and Conditions are reserved by GPS-Buddy. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided the original is kept solely for backup or archival purposes. Product manual(s) or written materials may not be copied, except for your own use. You may not copy, download, upload or in any other way reproduce Content, except for creating one copy solely for backup or archival purposes. You do not acquire ownership of the Software or Content .7) Subscriptions b) If your Subscription is for a fixed period of time, it will automatically end upon expiration of such period of time. c) GPS-Buddy reserves the right to change the prices for or the terms and conditions applicable to your Subscription, subject to giving you prior notice thereof (either via email, the GPS-Buddy website or otherwise). If such change will result in higher prices or otherwise works towards your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your Subscription prior to and against the date such change comes into effect by sending an e-mail via the contact form on our site. d) GPS-Buddy may terminate your Subscription as per the end of a calendar month by providing at least 30 days prior notice if GPS-Buddy decides to discontinue offering such Subscription. e) GPS-Buddy may terminate your Subscription with immediate effect without notice of default being required if (i) you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9 or (ii) collection through the Payment Service for Subscriptions should fail after a second attempt. f) Upon termination of your Subscription, your License as detailed in clause 6 will terminate simultaneously. 8) Third Party Software Materials GPS-Buddy Products may make use of third party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The official copyright notices and specific license conditions of these Third Party Materials are to be found in or via our website under Legal information, Terms and conditions . You hereby agree that the submission of any order implies that you have read and accepted the terms and conditions for any Third Party Materials included in the Products ordered. 9) Other Restrictions Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to break or circumvent encryption or to allow or enable third parties to do so. 10) Limited Warranty a) GPS-Buddy does not and cannot warrant that the Products operate in a manner that is completely error-free nor that any information provided is always accurate. Calculation errors may occur when using navigation systems such as those caused by local environmental conditions and/or incomplete or incorrect data. b) GPS-Buddy offers a limited warranty that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased (“Warranty Period”). Any warranty obligation of GPS-Buddy under this Section is expressly conditioned on your compliance with this Agreement. During the Warranty Period, the Hardware will be repaired or replaced by GPS-Buddy (“Limited Warranty”) without charge for either parts or labor. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. This warranty does not cover Services. c) This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Hardware being opened or repaired by someone not authorized by GPS-Buddy, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware. d) EXCEPT FOR THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GPS-BUDDY AND ITS SUPPLIERS PROVIDE THE PRODUCTS “AS IS AND WITH ALL FAULTS”, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, TITLE, SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF REASONABLE CARE AND SKILL, ALL WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCTS OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS. e) In order to make a claim under the Limited Warranty of a Defect, you must contact GPS-Buddy by email during the Warranty Period via the contact form on our site to explain the Defect and to obtain a Return Materials Authorization number if necessary. The Software or Hardware must be returned to GPS-Buddy as soon as possible following your notification of the Defect, along with an explanation of the Defect, to the address provided by GPS-Buddy. You must comply with any other return procedures stipulated by GPS-Buddy, if any. f) This Limited Warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. g) If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to one (1) years. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. The provisions of this clause 10 do not affect any of your legal rights under applicable national legislation governing the sale of consumer goods. h) This Limited Warranty is not transferable. i) This clause 9 sets forth your sole and exclusive remedy in connection with any warranties granted by GPS-Buddy hereunder. Some jurisdictions do not allow limitations on how long an implied warranty lasts and/or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. 11) Limitation of Liability a) NEITHER GPS-BUDDY NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE OR ACCESS THE PRODUCTS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF GPS-BUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF GPS-BUDDY AND ANY OF ITS SUPPLIERS ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS CONCERNED. c) Notwithstanding articles 11(a) and (b), or anything else contained in these Terms and Conditions neither party's liability for death or personal injury resulting from its own negligence shall be limited. d) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above limitation of liability does not affect any legal rights under the applicable national legislation. 12) Export Controls You will comply with all applicable laws and regulations, including without limitation the U.S. Export Administration Act, regarding the export of technology with respect to the Products. 13) Force Majeure Force majeure means circumstances that impede the fulfillment of GPS-Buddy's obligations under these Terms and Conditions which are not within GPS-Buddy's reasonable control, including late and/or delayed deliveries and incomplete deliveries by GPS-Buddy caused by circumstances beyond GPS-Buddy's reasonable control. In a force majeure situation all of GPS-Buddy's obligations shall be suspended. Should the period in which GPS-Buddy cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution. 14) Privacy GPS-Buddy will not disclose information regarding your personal details, account or transactions to any third party other than in accordance with its Privacy Policy, as indicated on the website. You hereby agree that you have read and accepted the Privacy Policy. 15) Links to Third Party Websites GPS-Buddy is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where GPS-Buddy provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by GPS-Buddy of the third-party site or service. 16) Third Party Rights Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation. 17) Survival Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect. 18) Severability If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and GPS-Buddy are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them. 19) Governing law These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by the courts of Boston, which will have exclusive jurisdiction in respect of any such disputes. 20) Translations This English version of these Terms and Conditions is the version that governs your purchase, of Products from GPS-Buddy if you are located in the Unites States of America. Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact GPS-Buddy for any reason, please do so by email by visiting GPS-Buddy's website via the contact form on our site. Limited Warranty WARRANTOR U.S. Purchases: If you have made your purchase in the United States, this Limited Warranty is granted by and this Limitation of Liability is stipulated for the benefit of GPS-Buddy Americas., 182 Boxboro Road , Stow, MA 01775 (United States of America). WHAT THIS WARRANTY COVERS 1) GPS-Buddy Americas (“GPS-Buddy”) warrants to the original purchaser (“you”) of the hardware with which this Limited Warranty is included (“Hardware”) that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of two (1) years from the date that the Hardware was first purchased by you (“Warranty Period”). During the Warranty Period the Hardware will be repaired or replaced at GPS-Buddy's choice (“Limited Warranty”) without charge to you for either parts or labor. This Limited Warranty covers the replacement of the Hardware only. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair WHAT THIS WARRANTY DOES NOT COVER 2) The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or repaired by someone not authorized by GPS-Buddy and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, noncompliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware. HOW TO MAKE A WARRANTY CLAIM 3) In order to make a claim of a Defect, you must contact GPS-Buddy during the Warranty Period by email vi awebshop.usa@gps-buddy.com to explain the Defect and to obtain an RMA number (Return Materials Authorization) if necessary. You must return the Hardware during the Warranty Period, along with an explanationof the Defect, to the address provided to you by GPS-Buddy. If a defect arises and a valid claim under this Limited Warranty is received by GPS-Buddy after the first one hundred and eighty (180) days of the Warranty Period,GPS-Buddy is entitled to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement of the Hardware. You must comply with any other return procedures stipulated by GPS-Buddy,if any. YOUR LEGAL RIGHTS 4) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction. 5) If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect. 6) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. 7) Except for the Limited Warranty and to the maximum extent permitted by applicable law, GPS-Buddy and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of: merchantability, non-infringement, quiet enjoyment, system integration, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, workmanlike effort, lack of viruses, and reasonable care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the Hardware or otherwise arising out of the use of the Hardware. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. 8) This Limited Warranty cannot be transferred to any other person. LIMITATION OF LIABILITY 9) Neither GPS-Buddy nor its suppliers shall be liable to you or to any third party for any indirect, incidental, consequential, special or exemplary damages (including in each case, but not limited to, damages for the inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Hardware even if GPS-Buddy has been advised of the possibility of such damages. 10) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of GPS-Buddy and any of its suppliers shall be limited to the amount actually paid by you for the Hardware. 11) Notwithstanding the above, neither party's liability for death or personal injury resulting from its own negligence shall be limited. 12) Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Version October 2008 Copyright © 2008 GPS-Buddy Incorporated. All rights reserved.
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