These Premium Navigation Subscription Terms and Conditions (these “Terms”) are an agreement between you and Garmin International, Inc. or its affiliate(s) (collectively, “Garmin”). Garmin is sometimes referred to in these Terms as "we," "us" or "our." These Terms set forth the terms and conditions governing your subscription to and use of premium navigation functions, content and features (collectively, the "Subscription Content") offered by Garmin for use with your Garmin product and/or mobile application ("Garmin Product").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO ANY SUBSCRIPTION CONTENT. By using or subscribing to the Subscription Content, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use or subscribe to the Subscription Content. You must be at least 18 years of age, or the applicable age of majority in your jurisdiction, to subscribe to the Subscription Content. If you are under the applicable age of majority, you must have the permission of your parent or guardian to agree to these Terms and use the Subscription Content. If you are under the age of majority in a country in the European Economic Area (together, "EEA"), the United Kingdom ("U.K.") or Switzerland, your parent or guardian must enter into these Terms on your behalf.
Your use of the Subscription Content is also subject to the End User License Agreement for the applicable Garmin Product(s) (the "EULA") and Garmin's Terms of Use (the "Terms of Use"). In the event of any conflict between these Terms and the EULA or between these Terms and the Terms of Use, these Terms will prevail.
Garmin respects the information that you provide to us. Please review Garmin's Privacy Policy, which further explains how Garmin collects and uses the information that we obtain through your use of the Subscription Content.
PLEASE NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GARMIN. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. IF YOU ARE A CONSUMER RESIDENT IN THE EEA, U.K., SWITZERLAND, AUSTRALIA OR NEW ZEALAND, SUCH BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS DO NOT APPLY TO YOU.
NOTHING IN THESE TERMS IS INTENDED TO REDUCE YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION (YOUR "MANDATORY CONSUMER RIGHTS"). IF THERE IS A CONFLICT BETWEEN YOUR MANDATORY CONSUMER RIGHTS AND THESE TERMS, YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION WILL PREVAIL. WE SET OUT CERTAIN MANDATORY CONSUMER RIGHTS AND THE LOCAL JURISDICTION TO WHICH THEY APPLY IN THESE TERMS.
1.1. Use of the Subscription Content requires a paid subscription. Information regarding the various subscriptions offered by Garmin is available through the Garmin Product.
1.2. Your subscription must be purchased via a third-party app store, such as Google Play or the Apple App Store (an "App Store"). Your subscription is therefore subject to the applicable App Store's terms and conditions ("App Store Terms"). In the event of any conflict between these Terms and any App Store Terms related to subscription purchase, cancellation, refunds and payment, the App Store Terms will prevail.
1.3. The term of your subscription starts when you first sign up for the Subscription Content. Your subscription will automatically renew until you cancel your subscription as provided in these Terms. Unless Garmin notifies you otherwise, the duration of each renewal term will be the same duration as the original term.
1.4. You may not sell, rent, lease or otherwise charge for the Subscription Content or any information or services associated with or derived from the Subscription Content without Garmin's written permission.
1.5. The Subscription Content 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 Content to you.
2.1. You may cancel your subscription at any time before the end of the current billing term. To cancel a subscription purchased via an App Store, please follow the cancellation steps provided by the applicable App Store. Cancellation of your subscription will take effect at the end of the then-current billing term. You will have access to the Subscription Content until your cancellation becomes effective at the end of the then-current billing term.
2.2. If you fail to comply with these Terms, the EULA and the Terms of Use or any other applicable terms with respect to your use of the Subscription Content, or if you act in any manner which clearly shows you do not intend to, or are unable to, comply with these Terms, the EULA and the Terms of Use or any other applicable terms, Garmin may terminate your subscription and discontinue the provision of some or all Subscription Content 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 your subscription if required to do so by any governmental regulatory body and/or law. Garmin's termination of your subscription will not relieve you of any otherwise applicable fees that may be due.
3.1. Fees for your subscription will be billed on a recurring basis via the payment information provided by you to the applicable App Store through which you purchase your subscription.
3.2. Unless otherwise provided in the applicable App Store Terms and/or App Store policies, payments for Subscription Content are nonrefundable, and you will not be credited for any unused Subscription Content.
3.3. Unless stated otherwise, the published price for your subscription 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, and these taxes may be added to the final price charged to you.
3.4. We may offer free trials and other promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. By accepting any promotional offer, you agree to the terms of the promotion, including any time limitations, and you agree to provide your payment information to the applicable App Store for any additional services and to extend your subscription beyond the promotional period. Immediately following the end of any promotional period, you will be charged via the applicable App Store at the applicable full-price rate unless you cancel your subscription prior to the end of the promotional period.
4.1. Garmin makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Subscription Content or about the results to be obtained from using the Subscription Content. Changes are periodically made to Subscription Content and may be made at any time. Some Subscription Content (or portions thereof) may be provided by third parties, and Garmin will not be held responsible for any such Subscription Content (or portions thereof) provided by third parties.
4.2. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION CONTENT BE USED ONLY FOR GENERAL INFORMATION PURPOSES AND YOU SHOULD NOT RELY ON THE SUBSCRIPTION CONTENT FOR ANY LIFE-OR-DEATH SITUATION OR FOR OPERATION OF A VEHICLE. GARMIN ENCOURAGES YOU TO COMPLY WITH ALL APPLICABLE RULES, INCLUDING SPEED LIMITS, AND RECOMMENDS SAFE, PRUDENT, AND VIGILANT BEHAVIOR. YOU ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SUBSCRIPTION CONTENT IS AT YOUR OWN RISK.
4.3. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, GARMIN DOES NOT WARRANT THAT THE SUBSCRIPTION CONTENT WILL OPERATE ERROR-FREE OR THAT THE SUBSCRIPTION CONTENT IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SUBSCRIPTION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
4.4. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE SUBSCRIPTION CONTENT IS 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 WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
4.5. Your use of the Subscription Content is at your own risk. If you are dissatisfied with the Subscription Content or with these Terms, your sole remedy is to discontinue use of the Subscription Content. 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 CONTENT, 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.
4.6. FOR CONSUMERS RESIDENT IN THE EEA, U.K., SWITZERLAND, AUSTRALIA AND NEW ZEALAND ONLY: THE LIMITATIONS SET FORTH IN SECTION 4 ARE SUBJECT TO THE FOLLOWING MODIFICATIONS:
If you reside in Australia:
A. Section 4 of these Terms does not apply so as to limit Garmin's obligation to comply with applicable consumer guarantees under the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
B. Subject to C. below, the liability of Garmin for any liability, loss, cost or damage, however caused (including by the negligence of Garmin), suffered or incurred by you because of a failure by Garmin to comply with a consumer guarantee when providing the Subscription Content is limited to, Garmin (at its election) either (1) resupplying that Subscription Content, or (2) paying the cost of having the Subscription Content supplied again.
C. The preceding limitations in B. do not apply if it is not fair or reasonable for Garmin to rely on it for the purposes of section 64A of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
If you reside in New Zealand:
A. Section 4 of these Terms does not apply so as to limit Garmin's obligation to comply with applicable consumer guarantees under the Consumer Guarantees Act 1993.
B. Where a consumer has a right of redress against Garmin in respect of a failure of Garmin to comply with a consumer guarantee when providing the Subscription Content, the consumer will have the remedies set out in the Consumer Guarantees Act 1993.
If you reside in the EEA, U.K., or Switzerland:
A. Section 4 of these Terms does not apply so as to limit or exclude Garmin's obligations under applicable consumer protection laws.
Garmin will provide the Subscription Content with the reasonable care and skill generally shown by a competent supplier of such services. Accordingly, Garmin does not promise that (1) your use of the Subscription Content will be uninterrupted or error-free due to certain aspects of the Subscription Content which are outside the control of Garmin. Garmin may carry out upgrades and maintenance works and may suspend or materially reduce the Subscription Content for reasonable periods of time for technical or operational reasons and will, to the extent reasonably practicable, notify you of this; or (2) the Subscription Content or related software will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion as these may be outside Garmin's reasonable control and the reasonable control of Garmin's suppliers, even when Garmin and the suppliers have used reasonable care and skill. You shall be responsible for backing up your own system. If anything does go wrong, Garmin will try to fix it quickly, and, where possible, Garmin will attempt to reperform affected services. If we cannot do so, in some cases you may be entitled to a full or partial refund in respect of the affected services. If the Subscription Content is suspended, materially reduced or otherwise does not meet the standard described above for an unreasonable period of time you may be able to cancel your contract; please see the cancellation provisions in the applicable App Store terms.
B. Except as set out in D. below, or in the event that you are exercising any applicable consumer right to refund or compensation which cannot be limited or excluded, in no case shall Garmin, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by Garmin, its employees or agents where:
C. Garmin shall use reasonable care and skill to protect information submitted by you in connection with the Subscription Content 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.
5.1. 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 Content and any associated software.
5.2. 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. You may also be liable for any action taken by Garmin as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.
6.1. 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 6.1 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; (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 Content 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 the Arbitration 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 Content, 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 your discontinued use of the Subscription Content. 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.
6.2. Except as otherwise expressly provided in this Section 6, these Terms and any dispute or claim arising from these Terms or related to the use of the Content Services, will be construed in accordance with the laws of the State of Kansas, without respect to its conflict of laws principles. By using or subscribing to the Content 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 Content 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.
6.3. If (a) you do not reside in the U.S., EEA, U.K., Switzerland, Australia or New Zealand, (b) you are not accessing the Content Services from the U.S., EEA, U.K., Switzerland, Australia or New Zealand, and (c) you are using the Content Services as a consumer, then to the extent that your Mandatory Consumer Rights prevent the application of provisions of Sections 6.1 and 6.2, these Terms and any dispute or claim arising from these Terms or related to the use of the Content 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.
6.4. For consumers resident in the EEA, U.K., Switzerland, Australia and New Zealand only: These Terms and any dispute or claim arising from these Terms or related to the use of the Content Services, shall be governed by the laws of your usual place of residence and (subject to Section 6.5 below) the courts of your usual place of residence shall have jurisdiction.
6.5. 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.
6.6. The United Nations Convention on the International Sale of Goods is specifically excluded from application to these Terms. You and Garmin 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.
7.1. Access or use of the Subscription Content in locations outside your place of residence is done on your own initiative. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Subscription Content which, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Subscription Content except as authorized by U.S. law and the laws of the jurisdiction(s) in which the Subscription Content is 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 Content for any purposes prohibited by U.S. law. Additionally, you will not export or re-export the Subscription Content (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.
7.2. These Terms, the EULA and Terms of Use constitute the entire agreement between you and Garmin with respect to the subject matter hereof. Any headings are provided for convenience only.
7.3. The failure of Garmin to exercise or enforce any right under these 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 is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of these 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, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.
7.4. You may not assign these Terms or any of your rights or obligations hereunder, but Garmin may assign these Terms and any of its rights and obligations hereunder. These Terms inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.