Garmin® GTU™ Terms of Use

These Terms of Use govern your use of the Garmin GTU location tracking products and services (the “Services”). Please also read the Terms of Use located on https://my.garmin.com (the “myGarmin™ Website”), which govern your use of the myGarmin™ Website.

Authorized use of the Services

The Services may only be used to track the location of (i) personal property; or (ii) a minor or other person on whose behalf you have the legal authority to provide consent. You must inform any person whose location you wish to track in accordance with these Terms of Use, and you warrant to Garmin that you can lawfully and do provide consent for such use on behalf of any such person. Any other uses of the Services are not authorized by Garmin and are undertaken at your own risk. If Garmin has a reasonable belief that you use the Services for purposes other than those listed above, Garmin reserves the right to terminate your access to the Services immediately. Without limiting the generality of the foregoing, you must not use the Services to stalk, harass, harm or threaten to harm, or to invade the privacy of, any person.

Your wireless data service plan is provided by a third party wireless service carrier. Garmin and the third party wireless service carrier reserve the right to deny, disconnect, modify and/or terminate the Services, without notice, to anyone it believes is using the Services or wireless data service in any manner prohibited. In addition, the use of content or information may be blocked, temporarily or otherwise, due to measures taken by mobile network operators in order to prevent the (further) dissemination of information that constitutes a criminal offense or may be unlawful in relation to third parties.

Opt-Out of Repeated Notices

In some jurisdictions, including Germany, Garmin may be required to repeatedly notify you that location information has been collected from your GTU for purposes of providing you with the Services, unless you opt-out of such repeated notices. By accepting this Terms of Use, you opt-out of receiving such repeated notices.

Compliance with laws and regulations

You agree that your use of the Services and the wireless data service plan will comply with applicable laws and regulations in your area regarding the use of location tracking products and services. Garmin and the third party wireless service carrier will not be responsible for your use of the Services or the wireless data service plan in violation of any laws or regulations.

Disclaimer of Certain Damages

IN NO EVENT WILL GARMIN OR THE THIRD PARTY WIRELESS SERVICE CARRIER 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN OR THE THIRD PARTY WIRELESS SERVICE CARRIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES 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 FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Garmin’s Liability

Any use of the Services and the wireless data service plan is at your own risk. Garmin and the third party wireless service carrier make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Services or about the results to be obtained from using the Services, other than the limited warranty applicable to your GTU device.

YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN GARMIN AND THE UNDERLYING CARRIER. YOU UNDERSTAND AND AGREE THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS OF USE, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF THE SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THESE TERMS OF USE OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE SERVICE EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE.

YOU UNDERSTAND THAT GARMIN AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES. THE SERVICES ARE FOR YOUR USE ONLY AND YOU MAY NOT RESELL THE SERVICES TO ANY OTHER PARTY.

Term

These Terms of Use shall continue for as long as you use the Services provided; however, your use will terminate automatically without notice from Garmin if you fail to comply with any of these terms and conditions. Garmin also reserves the right to discontinue offering any data or services provided by a third party if such supplier ceases to supply such data or services to Garmin or Garmin’s contract with such supplier terminates for any reason.