Terms and Conditions for Garmin Subscription Services

1.1. Garmin offers several Subscription Services, and in many cases, Garmin offers various types of subscription plans for a particular Subscription Service. Information regarding the various subscription plans offered by Garmin is posted in connection with the applicable Subscription Service.

1.2. Unless otherwise stated in writing by Garmin, the term of your subscription to a Subscription Service starts when you first sign up for that Subscription Service and, subject to Mandatory Consumer Rights, will automatically renew on a monthly or annual basis (depending on your subscription plan) until you cancel your subscription (or disable automatic renewal, if applicable) as provided in Section 2 below.

Please see Section 5.5 below for more information on automatic renewal of subscription plans.

1.3. Unless expressly permitted by Garmin in writing or by applicable law, you may not (a) sell, rent, lease or otherwise charge for the Subscription Services or any information or services associated with or derived from the Subscription Services; (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of any Subscription Services; (c) modify, translate, or create derivative works based on any element of the Subscription Services or any related documentation; (d) use the Subscription Services for any purpose other than their intended purpose; (e) interfere with or disrupt the integrity or performance of the Subscription Services; or (f) attempt to gain unauthorized access to the Subscription Services, their related systems or networks, or to the content and data uploaded by other users. As between Garmin and you, Garmin is the owner of (i) all right, title and interest in the Subscription Services; (ii) any content, data, images and other materials, made available through the use of the Subscription Services; (iii) all suggestions, ideas and feedback proposed by any user regarding the Subscription Services; and (iv) all modifications and enhancements of any of the foregoing, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing.

1.4. The Subscription Services may be provided to you on behalf of Garmin by certain affiliates and third-party service providers of Garmin. You acknowledge that these affiliates and third-party services providers are entitled to provide the Subscription Services to you, but they shall do so in accordance with these Terms and the applicable Service Terms. If you purchase Subscription Services through a third-party reseller of the Subscription Services, you and we are still bound by these Terms and any applicable Service Terms as though you purchased your subscription directly from Garmin, except as modified by your reseller and agreed to by you.

1.5. Subscriptions for some Subscription Services may be purchased via an in-app transaction facilitated by a third-party app store, such as Google Play or the Apple App Store (an "App Store"). If you purchase your subscription via an App Store, your purchase and subscription are also subject to the applicable App Store's terms and conditions ("App Store Terms"). In the event of any conflict between these Terms and any applicable App Store Terms related to your purchase, cancellation, refunds and payment, the App Store Terms will prevail.

1.6. Garmin reserves the right to update, change or discontinue any Subscription Service (or portion thereof) and to update prices and fees for any Subscription Service at any time as Garmin may determine in its sole and absolute discretion. Except as otherwise provided in these Terms or any applicable Service Terms, any such changes will take effect upon notice to you. Without limiting the foregoing, Garmin also reserves the right to limit or discontinue the availability of Subscription Services on, or provision of Subscription Services to, any devices on or through which the Subscription Services function at any time as Garmin may determine in its sole and absolute discretion. Except as otherwise provided in these Terms or any applicable Service Terms, any such limitation or discontinuation will take effect upon notice to you.

2.1. To cancel a subscription purchased directly from Garmin, you must sign into your account and follow the instructions for cancellation. To cancel a subscription purchased via an App Store, please follow the cancellation instructions provided by the applicable App Store. If you subscribe to more than one type of Subscription Service from Garmin, you may choose to cancel your subscription to one Subscription Service without canceling your subscription to other Subscription Services.

2.2. If you are unable to sign into your account, you may cancel a subscription purchased directly from Garmin by submitting a request to GarminServicesBilling@garmin.com. Your request must include the email address associated with your Garmin account and the billing address used for your subscription plan. For subscription plans related to a specific Garmin device you must also include the IMEI, serial number or unit ID of the device(s) for which you wish to cancel your subscription plan. Failure to submit the proper information can delay the implementation of your cancellation request. The effective cancellation date of a request submitted to GarminServicesBilling@garmin.com can take 2 business days or more after submission.

2.3. Some subscription plans have an initial commitment of 1 year and automatically renew after the first year for successive 1-month terms until you cancel your subscription (or disable automatic renewal, if applicable) as provided in this Section 2. These subscription plans are referred to in these Terms and any applicable Service Terms as "Annual Contract Plans." If you cancel an Annual Contract Plan during its initial 1-year term, then you will be billed at the time of cancellation for an amount equal to the fees for the remaining initial term of the Annual Contract Plan. If you cancel an Annual Contract Plan after its initial 1-year term, no additional charges will be billed to you as a result of your cancellation. Subscription plans that are not Annual Contract Plans will automatically renew for a new term that is the same length as the initial term. No additional charges will be billed to you as a result of your cancellation of a subscription plan that is not an Annual Contract Plan. If your Subscription Service is one for which automatic renewal can be disabled, then disabling automatic renewal will cause your subscription to expire at the end of your then-current subscription term. If your Subscription Service is one for which automatic renewal cannot be disabled, then you must cancel your subscription in order to prevent your subscription from automatically renewing.

2.4. Notwithstanding anything in these Terms to the contrary, Garmin may modify these Terms at any time by updating this posting and notifying you of such modifications via email to the address associated with your account. If you do not agree to the changes in these Terms, then you must cancel your account as described in Section 2.2 above within 30 days of your receipt of Garmin's notice of changes and cease all use of the Subscription Services. Your cancellation request must specify that you are terminating your subscription due to a modification of these Terms. Except as otherwise provided in any applicable App Store Terms and/or App Store policies, if you cancel your subscription as provided in this Section 2.4 due to a modification of these Terms, Garmin will provide you with a pro-rata refund of any amounts already paid by you for the period following your cancellation. Your continued use of the Subscription Services after a modification shall be deemed your agreement to the modification.

2.5. If you are in breach of these Terms or any applicable Service Terms, or if you act in any manner which clearly shows you do not intend to, or are unable to, comply with these Terms or any applicable Service Terms, Garmin may terminate your subscription and discontinue the provision of some or all Subscription Services to you at any time without notice or liability to you (except where prior notice is required under applicable laws, standards and codes). Garmin may also terminate these Terms and any applicable Service Terms if required to do so by any governmental regulatory body and/or law.

2.6. If you cancel your subscription to any Subscription Service or if your subscription or these Terms are terminated by Garmin, you must cease using that Subscription Service immediately upon the effective date of such cancellation or termination.

3.1. If you are a consumer resident in the EEA or U.K., you also have certain Mandatory Consumer Rights to end your contract for a Subscription Service as described below:

3.2. You may end your contract for a Subscription Service for a reason described below in this Section 3.2 by contacting us, and we will refund you for any portion of the Subscription Service which has not been provided. The reasons are:

3.3. Exercising your right to change your mind. You have the statutory right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us at GarminServicesBilling@garmin.com of your decision to cancel your contract by a clear statement (e.g., by a letter sent by post or email). You may use the model cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send the communication concerning your right to cancel before the cancellation period has expired.

EFFECTS OF CANCELLATION: If you cancel your contract as set out above, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel your contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated your cancellation of this contract, in comparison with the full coverage of the contract.

MODEL CANCELLATION FORM:

To: [Garmin (Europe) Ltd.

c/o Garmin Services, Inc.

Two DeLorme Drive

Yarmouth, Maine 04096

USA

GarminServicesBilling@garmin.com

I/We[*] hereby give notice that I/we[*] cancel my/our contract of sale of the following goods, [*]

Ordered on [*]/received on, [*]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

3.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of (i) digital content not on a tangible medium, when we have begun to supply this during the cancellation period with (a) your express consent and (b) your acknowledgment that you will lose your right as a result or (ii) in respect of services which we have supplied completely during the cancellation period with your express consent.

4.1. Fees for subscriptions purchased directly from Garmin will be billed on a recurring basis by the applicable service provider described in the table at the bottom of this page. Fees for subscriptions purchased via an App Store will be billed on a recurring basis via the payment information provided by you to the applicable App Store.

4.2. Except as otherwise provided in any applicable App Store Terms and/or App Store policies, payments for Subscription Services are nonrefundable (subject to any applicable App Store Terms and any cancellation rights described under Sections 2 and 3 above), and any unused Subscription Services will not be credited and may not be transferred to a third-party account.

4.3. Subject to applicable law, if your bill is not paid within 10 days after the due date, you will be charged a late fee of (i) 1.5% per month or (ii) the maximum legal rate (including under Mandatory Consumer Rights), whichever is lower. This late fee is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. Garmin may suspend any or all of your Subscription Services in the event of late payment in accordance with any applicable standards or codes (including under Mandatory Consumer Rights). If it does so, Garmin may charge a reactivation fee where permitted by such standards, codes or rights.

4.4. Some subscription plans include an activation fee that will be charged to you when you sign up for the applicable Subscription Service. Some other subscription plans include an annual usage fee that will be charged to you when you sign up for the applicable Subscription Service and on each 1-year anniversary of the date you signed up. Changing your address from one country to another country (for example, from the U.S. to Canada) may require service level changes and might incur additional charges on your account. Please see the applicable Service Terms and Section 5.5 below for more details.

4.5. Unless otherwise stated in writing by Garmin, the published price for the Subscription Services does not include all sales, value added, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency. You are required to pay these taxes not already collected for you by Garmin, and these taxes may be added to the final price charged to you in your bill.

4.6. The published price for the Subscription Services also may not include certain applicable surcharges and/or fees associated with the Subscription Services, such as fees associated with the Federal Universal Service Fund for certain Subscription Services in the U.S. These surcharges and/or fees may be added to your bill by Garmin in accordance with all applicable laws, standards and codes.

For consumers resident in the EEA, U.K. and Switzerland only: All prices and other consideration for the Subscription Services will be expressed to you inclusive of VAT and other mandatory local taxes. If the rate of VAT or applicable tax changes between your order date and the date we supply the Subscription Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Subscription Service in full before the change in the rate of VAT takes effect. Payments of recurring subscription charges may be adjusted accordingly. You must pay all applicable activation, usage, cancellation, and disconnection fees, plus any applicable taxes, surcharges, and fees on time. Because your subscription will renew automatically if you do not cancel in accordance with these Terms, Garmin will bill your Payment Method at the time of renewal.

4.7. Your cell phone service provider and/or internet provider may charge you or your recipients additional fees in relation to any SMS/MMS messages, social connectivity messages and/or other emails and/or data sent by you using certain Subscription Services. Please familiarize yourself with any such applicable plans, services and associated fees before using the Subscription Services and any related Garmin devices. You are responsible for any such applicable charges and fees.

4.8. We may offer promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms and the applicable Service Terms. Any additional and/or different terms will be disclosed to you at the time of sign-up. If there is a conflict between the terms for a promotion and these Terms or any applicable Service Terms, the promotion terms will govern. You agree to the terms of the promotion, including any time limitations, and you agree to provide your Payment Method information for any additional services and to extend the Subscription Services beyond the promotional period. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion.

5.1. Except as otherwise provided in any applicable Service Terms, use of the Subscription Services requires a current, valid, accepted method of payment, such as a credit card or payment via an account with a third party (a "Payment Method"), and is subject to credit approval by Garmin. Garmin may seek authorization of your Payment Method prior to your first activation/purchase to validate that you can charge the applicable fees to access the Subscription Services. By authorizing Garmin to charge your Payment Method for the fees associated with your subscription, you are authorizing Garmin to automatically continue charging that Payment Method (or any replacement Payment Method if the original Payment Method is renewed, lost, stolen, or changed for any reason by the issuer, and the issuer informs Garmin of the new replacement Payment Method account) for all fees or charges associated with your subscription, including any renewal fees as described below. You authorize the Payment Method issuer to pay any amounts described herein and authorize Garmin, or any other company that acts as a billing agent for Garmin, to continue to attempt to charge all sums described herein to your Payment Method account until such amounts are paid in full.

5.2. If your Payment Method fails due to expiration, insufficient funds or otherwise, Garmin will notify you via an email message sent to your last known email address. If your Payment Method continues to fail, Garmin reserves the right to terminate your subscription or suspend your access to the applicable Subscription Service(s) until you provide a valid Payment Method.

5.3. Garmin's termination or suspension of your subscription due to Payment Method failure will not relieve you of any otherwise applicable fees that may be due. Additionally, Payment Method failure may result in late payment fees and, if you wish to reactivate your subscription, you may be charged a reactivation fee as set out above. Subject to any applicable Mandatory Consumer Rights, until all applicable payments and fees have been paid in full, (a) you will not be able to sign up for any new Subscription Services or activate any new Garmin device for use with the Subscription Services, and (b) no device currently linked to your account may be activated on any other account.

5.4. BY AUTHORIZING GARMIN TO CHARGE YOUR PAYMENT METHOD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR PAYMENT METHOD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT PAYMENT METHOD. YOU GRANT GARMIN ACCESS TO AND THE RIGHT TO (A) REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WHEN YOU SUBSCRIBE, (B) OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY (IF THIS IS PERMITTED BY THE LAW OF YOUR LOCAL JURISDICTION), AND/OR (C) OBTAIN ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT GARMIN REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. AS FURTHER DESCRIBED BELOW, YOU AUTHORIZE GARMIN TO CHARGE YOUR PAYMENT METHOD IN ORDER TO RENEW YOUR SUBSCRIPTION PLAN UP UNTIL SUCH TIME THAT YOU CANCEL THE SUBSCRIPTION SERVICE (OR DISABLE AUTOMATIC RENEWAL, IF APPLICABLE) IN ACCORDANCE WITH SECTION 2 ABOVE.

The basis on which we may access and use any personal data described above is set out in the applicable Privacy Policy for your Subscription Service.

5.5. IMPORTANT NOTICE - AUTOMATIC RENEWAL: Unless you cancel your subscription (or disable automatic renewal, if applicable) in accordance with Section 2 above prior to the last day of your then-current subscription term, then beginning with the first month or year (depending on your subscription plan) following the end of the subscription term for which you initially subscribe, Garmin will automatically renew your subscription and, as authorized by you above and during your registration process, Garmin will charge your Payment Method with the applicable subscription fee and any taxes or other fees applicable to your payment or subscription. With the exception of Annual Contract Plans, each renewal period will be for the same length as your immediately preceding subscription term. If you do not cancel your subscription (or disable automatic renewal, if applicable) prior to the last day of your then-current subscription term, the subscription will automatically renew and you will not receive a refund.

FOR CONSUMERS RESIDENT IN THE EEA, U.K. AND SWITZERLAND ONLY: MANDATORY CONSUMER RIGHTS MAY REQUIRE US TO GIVE YOU PRIOR NOTICE OF SUCH AUTOMATIC RENEWALS.

5.6. Subject to applicable law, you agree to pay Garmin for all reasonable and actual collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Garmin in exercising any of its rights under these Terms or any applicable Service Terms.

6.1. Use of the Subscription Services requires you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. 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 any Subscription Services.

6.2. We may suspend or terminate your account and your ability to use any Subscription Service or portion thereof for failure to comply with these Terms or any applicable Service Terms.

6.3. You are and will remain solely responsible for any content that you create, transmit or display on or through the Subscription Services ("User Content") and for the consequences of your actions by doing so. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your User Content. You retain copyright and any other rights you already hold in User Content which you create, transmit or display. To the fullest extent permitted by law, including any Mandatory Consumer Rights, you acknowledge and agree that by creating, posting or displaying any such User Content, you give Garmin a perpetual, irrevocable, worldwide, royalty-free, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such User Content. Furthermore, you agree that this license includes a right for Garmin to make such User Content available to other companies, organizations or individuals as required for the provision of Subscription Services. The basis on which we may access and use any personal data in User Content or other information described in this Section 6.3 is set out in the applicable Privacy Policy for your Subscription Service.

6.4. Your use of any Garmin website is governed by the terms and conditions of use contained on each such website. Your installation or use of any downloadable software provided by Garmin is governed by the end-user license agreement delivered with such software.

6.5. The Subscription Services may include applications developed by third parties. Garmin is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk and agree to comply with any and all licenses, terms of use and other conditions applicable to the use of such third-party applications.

7.1. Garmin makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Subscription Services or about the results to be obtained from using the Subscription Services. Any use of the Subscription Services is at your own risk. Changes are periodically made to Subscription Services and may be made at any time. Some Subscription Services (or portions thereof) may be provided by third parties, and Garmin will not be held responsible for any such Subscription Services (or portions thereof) provided by third parties.

7.2. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, GARMIN DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL OPERATE ERROR-FREE OR THAT THE SUBSCRIPTION SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SUBSCRIPTION SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

7.3. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE SUBSCRIPTION SERVICES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

7.4. Your use of the Subscription Services is at your own risk. If you are dissatisfied with the Subscription Services or with these Terms, your sole remedy is to discontinue use of the Subscription Services. IN NO EVENT WILL GARMIN 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 SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE MAXIMUM EXTENT ALLOWABLE UNDER THE APPLICABLE LAW. In New Jersey, this disclaimer of damages does not apply to intentional or reckless acts or gross negligence on the part of Garmin.

7.5. FOR CONSUMERS RESIDENT IN THE EEA, U.K., SWITZERLAND, AUSTRALIA AND NEW ZEALAND ONLY: THE LIMITATIONS SET FORTH IN SECTION 7 ARE SUBJECT TO THE FOLLOWING MODIFICATIONS:

If you reside in Australia:

If you reside in New Zealand:

If you reside in the EEA, U.K., or Switzerland:

C. Garmin shall use reasonable care and skill to protect information submitted by you in connection with the Subscription Services including from fraudulent use.

D. Nothing in these Terms removes or limits Garmin's liability for fraud, gross negligence, willful misconduct, or for death or personal injury.

8.1. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Garmin and its affiliates, licensors, service providers and suppliers and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with your unauthorized use of the Subscription Services and any associated software.

8.2. For consumers in the EEA, U.K., Switzerland, Australia and New Zealand only: The indemnification provisions above do not apply to you, but you may still be held liable to Garmin, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach of these Terms and any applicable Service Terms. You may also be liable for any action taken by Garmin as part of its investigation of a suspected violation of these Terms or any applicable Service Terms, or as a result of its findings or decision that a violation of these Terms or any applicable Service Terms has occurred.

9.1. Dispute Resolution and Arbitration; Class Action Waiver

Please read this provision carefully. It affects your legal rights. If you are a consumer resident in the EEA, U.K., Switzerland, Australia or New Zealand, this Section 9.1 does not apply to you.

This Dispute Resolution and Arbitration; Class Action Waiver provision (this "Provision") facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise between you and Garmin. Effectively, then, "dispute" is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided to you (such as Garmin's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Garmin in the same proceeding.

This Provision provides that all disputes between you and Garmin shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees). You may, however, opt out of this Provision, which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND GARMIN AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-arbitration Claim Resolution. For all disputes, whether pursued in court or arbitration, you must first give Garmin an opportunity to resolve the dispute, which is accomplished by mailing notice to Garmin at 1200 E. 151st Street, Olathe, Kansas, 66062, USA, Attention: Legal Department, which notice should include the following information: (1) your name, (2) your address, (3) a written description of the dispute, and (4) a description of the specific relief you seek. If Garmin does not resolve the dispute within 45 days after receiving your notification, then you may pursue the dispute in arbitration. You may pursue the dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or Garmin may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the "Opt-out Deadline"). You may opt out of this Provision by emailing notice to GarminServicesBilling@garmin.com, which notice should include the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with Garmin through arbitration. A decision to opt out of this Provision will have no adverse effect on your relationship with Garmin, but any opt-out request received after the Opt-out Deadline will not be valid, and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures. If this Provision applies and the dispute is not resolved as provided above (Pre-arbitration Claim Resolution), either you or Garmin may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced or maintained or heard as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for disputes of less than $75,000 USD (or equivalent amount in your local currency), the AAA's Supplementary Procedures for Consumer-related Disputes will apply; for disputes involving $75,000 USD (or equivalent amount in your local currency) or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Subscription Services and these Terms concern interstate commerce, the U.S. Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a Party. Such award will be final and binding on the Parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the Parties for purposes of enforcement.

Location of Arbitration. You or Garmin may initiate arbitration in either Johnson County, Kansas, USA or the federal judicial district that includes your billing address. In the event that you select the latter, Garmin may transfer the arbitration to Johnson County, Kansas, USA so long as Garmin agrees to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.

Payment of Arbitration Fees and Costs. So long as you place a request in writing prior to commencement of the arbitration, Garmin will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys' fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with Garmin as provided in the section above titled "Pre-arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.

Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Garmin specifically agree to do so following initiation of the arbitration. If you choose to pursue the dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Except to the extent that representative claims under California's Private Attorney General Act ("PAGA") are excluded from this Agreement (if PAGA is applicable), neither you, nor any other user of the Subscription Services, can be a class representative, class member or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration. Arbitration does not involve a judge or jury. You understand and agree that by accepting this Provision, you and Garmin are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Garmin might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.

Continuation. This Provision shall survive the termination of these Terms and any applicable Service Terms and your discontinued use of the Subscription Services. Notwithstanding any provision in this Agreement to the contrary, Garmin agrees that if it makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Garmin to adhere to the language as of the date you entered into this Agreement if a dispute between Garmin and you arises.

9.2. Except as otherwise expressly provided in this Section 9, these Terms and any applicable Service Terms, as well as any dispute or claim arising from these Terms and any applicable Service Terms or related to the use of the Subscription Services, will be construed in accordance with and determined by the Federal Arbitration Act, applicable U.S. federal law, and the laws of the State of Kansas, without respect to its conflict of laws principles. By using or subscribing to the Subscription Services, you agree that, except for disputes subject to arbitration as described above, the exclusive forum for any claims or causes of action arising out of your use of the Subscription Services is the U.S. District Court for the District of Kansas, or any Kansas state court sitting in Johnson County. 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.

9.3. If (a) you do not reside in the U.S., EEA, U.K., Switzerland, Australia or New Zealand, (b) you are not accessing the Subscription Services from the U.S., EEA, U.K., Switzerland, Australia or New Zealand, and (c) you are using the Subscription Services as a consumer, then to the extent that your Mandatory Consumer Rights prevent the application of provisions of Sections 9.1 and 9.2, these Terms and any applicable Service Terms, as well as any dispute or claim arising from these Terms and any applicable Service Terms or related to the use of the Subscription Services, will be governed by the laws of your usual place of residence, without regard to any conflict of law provisions, and (unless you and we both agree to refer any matter to mediation or arbitration) the courts of your usual place of residence shall have jurisdiction.

9.4. For consumers resident in the EEA, U.K., Switzerland, Australia and New Zealand only: These Terms and any applicable Service Terms, as well as any dispute or claim arising from these Terms and any applicable Service Terms or related to the use of the Subscription Services, shall be governed by the laws of your usual place of residence and (subject to Section 9.5 below) and the courts of your usual place of residence shall have jurisdiction.

9.5. For consumers in the EEA, U.K. and Switzerland only: If you are not happy with the way that Garmin deals with any disagreement then you and we may agree to refer the matter to mediation or arbitration, but you and we are not restricted from bringing court proceedings. The European Commission provides for an online dispute resolution platform within the EEA, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please email us at GarminServicesBilling@garmin.com.

9.6. The United Nations Convention on the International Sale of Goods is specifically excluded from application to these Terms. The Parties further agree to waive and opt out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state of the U.S. in any form.

10.1. Access or use of the Subscription Services in locations outside your place of residence is done on your own initiative. You are solely responsible for compliance with all laws applicable to your use of the Subscription Services. Access to the Subscription Services which, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Subscription Services except as authorized by U.S. law and the laws of the jurisdiction(s) in which the Subscription Services are obtained. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Subscription Services for any purposes prohibited by U.S. law. Additionally, you will not export or re-export the Subscription Services (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's restricted lists.

10.2. These Terms, together with any applicable Service Terms, website terms and conditions and end-user license agreements, constitute the entire agreement between you and Garmin with respect to the subject matter hereof. Any headings are provided for convenience only.

10.3. The failure of Garmin to exercise or enforce any right under these Terms or any applicable Service Terms shall not constitute a waiver of such right. All rights and remedies granted to Garmin are cumulative and not alternate. If any provision of these Terms or any applicable Service Terms is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of these Terms or any such applicable Service Terms, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of these Terms and any applicable Service Terms, including payment obligations, disclaimer of warranty, rights of indemnity, limitation of liability, arbitration and class action waiver, shall survive such termination.

10.4. You may not assign these Terms or any applicable Service Terms, or any of your rights or obligations hereunder or thereunder, but Garmin may assign these Terms and any applicable Service Terms and any of its rights and obligations hereunder or thereunder. These Terms and any applicable Service Terms inure to the benefit of and are binding on the parties' respective successors and permitted assigns.

The provider of Subscription Services is Garmin International, Inc., 1200 E. 151st Street, Olathe, KS 66062, USA. The provider of Subscription Services is subject to change upon notice by Garmin. Your billing relationship will be directly with the applicable third-party App Store operator.