Effective Date: October 28, 2024

Welcome to the website of Lumishore Limited and its affiliates (collectively, "Lumishore", “we,” “us,” or, “our”).

Acceptance of Terms

These Terms of Use apply to any Lumishore website or online service on which these Terms of Use are posted (collectively, the “Site”). By using the Site, you signify your agreement to these Terms of Use.

If you are a minor under the age of majority in your country of residence, you should review these Terms of Use with a parent or guardian.

We may modify these Terms of Use at any time by updating this posting. If we make a material change to these Terms of Use, we will notify registered users by email. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You should visit this page periodically to review these Terms of Use.

Note that different or additional terms might apply to some services or features offered on the Site. Those terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

Your Use of the Site

Your Account

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update accurate, current, and complete information about yourself as prompted by our registration processes. You must not share your account credentials with any third party.

You also agree to notify us promptly at garminsecurity@garmin.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.

If your account becomes inactive, we may delete your account and related data.

Enforcement of these Terms of Use

We may take any of the following actions to enforce the Terms of Use:

• Suspending or terminating a user account, which may result in loss of access, without a refund, to subscription services associated with the account; and
• Asserting our rights in court based on a breach of the Terms of Use or other cause of action.

Although we endeavor to enforce these Terms of Use consistently to maintain a safe and respectful user environment, we disclaim, to the fullest extent permitted by applicable law, any obligation or responsibility to moderate User Submissions.

Limitation of Liability and Indemnity

Disclaimer of Warranties

Lumishore makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk.

LUMISHORE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, LUMISHORE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LUMISHORE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

LUMISHORE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO THE SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU ACKNOWLEDGE THAT Transmissions USING THE INTERNET are never completely secure OR PRIVATE. You understand that any message or information you send to the Site, EVEN IF ENCRYPTED, may be read or intercepted by others. THEREFORE, YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE LUMISHORE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

LUMISHORE IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.

Disclaimer of Certain Damages

Your use of the Site is at your own risk. If you are dissatisfied with any of the Site, its contents, any service on, or feature of the Site or with these Terms of Use, your sole remedy is to discontinue use of the Site. IN NO EVENT WILL LUMISHORE, ITS LICENSORS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE LUMISHORE SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUMISHORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE LUMISHORE’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. In no event shall the total liability of Lumishore to you for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid Lumishore to use any service on or feature of the Lumishore Sites in the twelve months prior to the date of an initial claim made against Lumishore.

Third-Party Content; Links to Other Sites

The Site may contain links to third-party websites, give you the opportunity to download applications that are maintained by others, or enable you to view User Submissions posted by other users (collectively, “Third-Party Content”). Any such Third-Party Content is provided solely as a convenience to you and not as an endorsement by Lumishore of such Third-Party Content. Lumishore is not responsible for Third-Party Content and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or applications or the privacy practices of such third parties. If you decide to access, download, or use Third-Party Content, you do so at your own risk.

Indemnity

By using the Site, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless Lumishore, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use or your violation of any law or rights of a third party.

Intellectual Property Rights

Ownership of Content

The Content is protected by copyright, trademark, and other such laws in the United States and foreign countries and is owned or controlled by Lumishore or by third parties that have licensed their Content to Lumishore. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Your License to Access the Site

Your access to this Site is provided on a temporary basis with no guarantee for future availability. Except as otherwise provided, you may use the Site and related “Content” (e.g., text, graphics, images, audio, video, domain names, hypertext, and related designs) solely for your personal and non-commercial use. No part of the Site and no Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Lumishore’s prior express written authorization.

Feedback

Any feedback you provide at the Site will be deemed to be non-confidential. Lumishore will be free to use such information on an unrestricted basis.

Trademarks

The trademarks, logos, and service marks (collectively, the "Marks") displayed on the Site are owned by Lumishore or third parties. You are prohibited from use of the Marks without the express, written authorization of Lumishore or such third party. If you would like information about obtaining Lumishore's authorization to use the Content on your website, email terms@garmin.com.

General

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Choice of Law; Dispute Resolution

If you are a resident of any European Economic Area country, the United Kingdom, Switzerland, Australia, or New Zealand the governing law and forum shall be the laws and courts of your usual place of residence.

Except as provided in the previous paragraph, all legal issues arising from or related to your use of the Site and these Terms of Use shall be construed in accordance with and governed by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By using the Site, you agree to submit to the personal and exclusive jurisdiction of the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County, to resolve any dispute, claim or cause of action arising out of these Terms of Use or your use of the Site. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

Specifically excluded from application to these Terms of Use is the United Nations Convention on Contracts for the International Sale of Goods.

Consent to Electronic Communications

You agree to receive all communications from us electronically, either by e-mail or messages or postings on the Site. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.

Contact

In the event of a complaint, or to request further information, you may contact Lumishore by email at terms@garmin.com.