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AllSport GPS Website Terms of Use

Acceptance of Terms through Use of this Web Site

Welcome to the AllSport GPS™ web site. The services that Trimble provides to you are subject to the following Terms of Use ("TOU"). Trimble reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our AllSport GPS web site pages.

PLEASE NOTE THAT BY ACCESSING THIS WEB SITE ("SITE"), OR USING ALLSPORT GPS APPLICATIONS ("APPLICATIONS") OBTAINED THROUGH ANY OTHER CHANNELS YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED "TERMS OF USE", AND YOUR CONTINUED USE OF THIS SITE OR APPLICATIONS FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE WILL CONFIRM YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE OR APPLICATIONS.

Description of Services

Through the AllSport GPS web site and other distribution channels including without limitation wireless communication carriers, Trimble provides you with access to a variety of resources including textual and image content, application software, download areas, communication forums, product and other information (collectively "Services"). Your use of certain Services available on this Site may require your purchase of an AllSport GPS subscription. The Services, including any updates, enhancements or new features are subject to the TOU.

To enable your use of subscription Services with your cell phone, you may also need to purchase a separate wireless data plan from your wireless communications carrier. All such wireless communications services and equipment obtained by you are subject to the terms and conditions of the applicable agreement(s) between you and your wireless carrier, and Trimble shall have no responsibility for the quality or performance of wireless communications services and equipment which are the sole responsibility of your wireless carrier.

Ownership of Services; Personal and Non-Commercial Use Limitation

The Services are the property of Trimble and/or its suppliers and are protected by worldwide copyright and other intellectual property rights laws and treaties. The Services are made available solely for your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by Trimble, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, software, products or services obtained from the Services. All rights in the Services not expressly granted under the TOU are reserved to Trimble and its suppliers.

Limited License to Use Site and Services Content

Subject to the terms and conditions of this TOU and your payment of any applicable subscription fees, you are granted a limited license to use the Site and Services and to print and download and upload textual and image content (e.g., maps, photographs, routes, points of interest, trip notes, etc.) from the Services, provided that (1) you do not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the content, (2) your use of such content from the Services is for informational and non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media except the AllSport GPS Site, (3) you do not modify any content other than content that you have created and uploaded, and (4) you adhere to any posted instructions, directions or limitations on usage and reproduction of such content. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.

Application Software

Any AllSport GPS application software, including without limitation AllSport GPS Platinum and AllSport GPS Silver, that can be downloaded from the AllSport GPS web site or obtained through other channels, including without limitation wireless carriers, ("Software") is the copyrighted work of Trimble and/or its suppliers, and is licensed, not sold. Use of the Software is governed by the terms of the End User License Agreement which accompanies the Software or is included by reference to the End User License Agreement page on the AllSport GPS web site ("EULA").

The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS WARRANTED IN THE EULA, TRIMBLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Subscriber Account, Password and Access

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. These Services are only available to persons who can form legally binding contracts under applicable law, and are not available to minors. If you do not qualify, please do not subscribe to the Service. Trimble reserves the right to refuse its Services to anyone at anytime in its sole discretion.

At the time of registration you will also choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account, and you agree that Trimble may terminate your subscription and access to the Services if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Notice about Location Based Services: When you use the Software used with the AllSport GPS Services, information regarding your geographic location(s) may be accessed and disclosed through the Software. You agree to notify any other users associated with your AllSport GPS account of this feature.

User Communications

The Services on this Site may include e-mail services, bulletin board services, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with Trimble (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Trimble, the general public or by members of a public or private community (collectively, "User Communications").

THEREFORE PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

You are granting Trimble, its designees, and members of the general public using the AllSport GPS web site permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive license rights with right of sublicense to disclose, reproduce, display, perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat and otherwise use such User Communications as permitted by the TOU;
Trimble shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

Please note: You may terminate the preceding licenses granted in any User Communications by removing your submitted User Communications from the Services, (i.e. by opting-out of sharing) provided, however, that such termination will not affect any licenses granted in connection with the User Communications prior to the time you completely remove and opt-out of sharing the User Communications. If you are unable to access the AllSport GPS Services to remove your User Communications due to termination of your AllSport GPS subscription and/or wireless telephone service, then you may submit a request for removal of your shared User Communications to support@AllSportGPS.com.

Trimble shall have no obligation to monitor the User Communications to the Services. Nor shall Trimble have an obligation to remove any User Communications that you have opted to input and share with the AllSport GPS community absent its receipt of your written request to do so. However, Trimble reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

Trimble reserves the right at all times to disclose any information as Trimble deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in Trimble's sole discretion.

Trimble does not control or endorse the content, messages or information found in any User Communications to the Services and, therefore, Trimble specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.

No Misuse of Services

As a condition of your use of the Services you agree that you will not use the Services for any purpose that is unlawful or prohibited by the TOU. Trimble may restrict or cancel Services to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by Trimble or any other party (including attorneys fees) as a result of your misuse or fraudulent use of the Service.

Misuse or fraudulent use includes, but is not limited to,

Using the Services in such a manner so as to interfere unreasonably with the use of Services by one or more other users or wireless customers or to interfere unreasonably with the underlying carrier’s ability to provide Services;
Subscription fraud or unauthorized access;
Using the Services to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
Using the Services to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;
Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
Using any information, images or other materials available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
Advertising, offering to sell or buy goods, or using the Site for business promotional purposes, unless the Services expressly permit such messages;
Violating any code of conduct associated with the Services, or any applicable laws or regulations;
Using the Services without permission on a stolen or lost device;
Taking any action that imposes an unreasonable or disproportionately large load on the Services infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.
Attempting or assisting another to access, alter, or interfere with the communications and/or information about another user or wireless customer;
Tampering with or making an unauthorized connection to the network;
Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio frequencies used to provide the Services;
Using the Services in such a manner that it is not used in compliance with FCC rules;
Reselling or re-billing the Services provided to you to any other individual or entity.

Termination of Services, Account

If you violate these Terms of Use, or if the wireless service carrier through which you purchase Services on this Site terminates your wireless service, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Services content obtained from the Site.

Network Coverage, GPS Satellites, Interruption of Service

You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage. You further acknowledge that Trimble is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.

Trimble shall not be held liable by you or any third party for any loss or damage arising from Services, or its interruption, transmission errors, defects or any other cause, including, but not limited to, interruption caused by the underlying carrier. Trimble does not assume and shall not have any liability for events beyond Trimble's control or the control of Trimble's subcontractors, licensors or business partners, including, but not limited to, acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.

Risk of Loss

You are responsible for any risk of loss for the hardware equipment required to communicate with the Service, from any cause, including vehicle failure, theft, fire, collision, tampering, and vandalism.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Trimble reserves the right to remove or discontinue Services available on this Site with or without notice. Trimble further reserves the right to terminate your authorization to use any Services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason, immediately and at any time.

Links to Third Party Sites

This Site may contain links to third party Web sites. Access to any other Internet site linked to this Web Site is at the user's own risk. Trimble does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

General Disclaimer and Limitation of Liability

Although Trimble has attempted to provide accurate information on this Site, Trimble assumes no responsibility for the accuracy of the information or Services; nor does Trimble warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Your use of this Site is at your sole risk. Trimble may change the Services at any time without notice. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

TRIMBLE FURNISHES AND YOU ACCEPT THE SERVICES AND THIS SITE ON AN "AS-IS, AS AVAILABLE" BASIS WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING THE SERVICE TO YOU, OR ANY THIRD PARTY. TO THE EXTENT TRIMBLE PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, TRIMBLE ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.

IN NO EVENT SHALL TRIMBLE OR ANY THIRD PARTY CONTRIBUTING TO THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISK OF ACCIDENTS BY USING THE SERVICES WHILE OPERATING A MOVING VEHICLE.

THE SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT TRIMBLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

UPON A REQUEST BY TRIMBLE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRIMBLE AND THIRD PARTIES CONTRIBUTING TO THE SERVICES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE SERVICES AND THIS SITE. TRIMBLE RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH TRIMBLE IN ASSERTING ANY AVAILABLE DEFENSES.

International

This Site is administered by Trimble from its offices at Sunnyvale, California, in the United States of America. Trimble makes no representation that Services on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Services or content available on this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Copyright and Trademark Information

Copyright information and a list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.html. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble should be referred to Trimble's Intellectual Property department at U.S. 1-408-481-8000.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Materials by the Government constitutes acknowledgment of Trimble's proprietary rights in them.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

General Provisions

These Terms of Use, along with any applicable license agreement(s), constitute the entire agreement between you and Trimble, and supersedes any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Trimble with respect to the Services. No change, modification, or wavier of the terms and conditions of the TOU, shall be binding on Trimble unless made in writing, with Trimble's approval. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Trimble. The failure of Trimble to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.