DISCLAIMER
The BestGPSMobileNavigation Web Site (the
"Site") is an online information service provided by
BestGPSMobileNavigation ("BestGPSMobileNavigation "),
subject to your compliance with the terms and conditions
set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE.
BestGPSMobileNavigation MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are protected
by international copyright and trademark laws. The owner
of the copyrights and trademarks are
BestGPSMobileNavigation, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR Software
You may print and download portions of material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials.
You agree to grant to BestGPSMobileNavigation a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to BestGPSMobileNavigation by all means and in any
media now known or hereafter developed.
You also grant to BestGPSMobileNavigation the
right to use your name in connection with the submitted
materials and other information as well as in connection
with all advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against BestGPSMobileNavigation for any alleged
or actual infringement or misappropriation of any
proprietary right in your communications to
BestGPSMobileNavigation.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or servicemarks of BestGPSMobileNavigation.
Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied
by BestGPSMobileNavigation, BestGPSMobileNavigationdoes
not operate, control or endorse any information, products
or services on the Internet in any way. Except for
BestGPSMobileNavigation- identified information, products
or services, all information, products and services
offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
BestGPSMobileNavigation a.
You also understand that
BestGPSMobileNavigation cannot and does not guarantee or
warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to
the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET
BestGPSMobileNavigation PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND BestGPSMobileNavigation SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
BestGPSMobileNavigation DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
BestGPSMobileNavigation HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BestGPSMobileNavigation BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF BestGPSMobileNavigation OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, BestGPSMobileNavigation LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
BestGPSMobileNavigation makes no
representations whatsoever about any other web site which
you may access through this one or which may link to this
Site. When you access a non-BestGPSMobileNavigation web
site, please understand that it is independent from
BestGPSMobileNavigation, and that BestGPSMobileNavigation
has no control over the content on that web site. In
addition, a link to a BestGPSMobileNavigation web site
does not mean that BestGPSMobileNavigation endorses or
accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless BestGPSMobileNavigation, its officers,
directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from
and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of
BestGPSMobileNavigation and its officers, directors,
employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these
individuals or entities shall have the right to assert
and enforce those provisions directly against you on its
own behalf.
5.Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United
States of America applicable to agreements made and to be
performed in The United States of America. You agree that
any legal action or proceeding between
BestGPSMobileNavigation and you for any purpose
concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The
United States of America . Any cause of action or claim
you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
BestGPSMobileNavigation's failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Agreement. BestGPSMobileNavigation may
assign its rights and duties under this Agreement to any
party at any time without notice to you.
Any rights not expressly granted herein are
reserved.
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