Welcome to the Trimble Outdoors website. The services that Trimble provides to you are subject to the following Terms of Use (“TOU”). Trimble reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Trimble Outdoors website pages.
PLEASE NOTE THAT BY ACCESSING THIS WEBSITE
("SITE"), YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND
NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED "TERMS OF
USE," AND YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY
CHANGES TO THE TERMS OF USE WILL CONFIRM YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
PLEASE DO NOT USE THIS SITE.
Through the Trimble Outdoors website Trimble provides you with access to a variety of resources including textual and image content, software, download areas, communication forums, product and other information (collectively “Services”). Your use of certain Services available on this Site may require your purchase of a Trimble Outdoors subscription. The Services, including any updates, enhancements or new features are subject to the TOU.
To enable your use of subscription Services with your
cell phone, you will also need to purchase a separate wireless data plan from
your wireless communications carrier.
All such wireless communications services and equipment obtained by you
are subject to the terms and conditions of the applicable agreement(s) between
you and your wireless carrier, and Trimble shall have no responsibility for the
quality or performance of wireless communications services and equipment which
are the sole responsibility of your wireless carrier.
The Services are the property of Trimble and/or
its suppliers and are protected by worldwide copyright and other intellectual
property rights laws and treaties. The
Services are made available solely for your personal and non-commercial
use. Unless otherwise specified herein
or expressly agreed to in writing by Trimble, you may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, lease or sell any information, software,
products or services obtained from the Services. All rights in the Services not expressly
granted under the TOU are reserved to Trimble and its suppliers.
Subject to the
terms and conditions of this TOU and your payment of any applicable
subscription fees, you are granted a limited license to use the Site and
Services and to print and download and upload textual and image content (e.g.,
maps, photographs, routes, points of interest, trip notes, etc.) from the
Services, provided that (1) you do not remove or alter any copyright, trademark
or other proprietary notices or related visual marks and logos from the
content, (2) your use of such content from the Services is for informational
and non-commercial and personal use only and will not be copied or posted on
any network computer or broadcast in any media except the Trimble Outdoors
Site, (3) you do not modify any content other than content that you have
created and uploaded, and (4) you adhere to any posted instructions, directions
or limitations on usage and reproduction of such content. Use for any other purpose is expressly
prohibited by law, and may result in civil and criminal penalties.
Any software that is made available to download from the Services ("Software"), is the copyrighted work of Trimble and/or its suppliers, and is licensed, not sold. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("EULA"). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA terms.
The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS WARRANTED IN THE EULA, TRIMBLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. These Services are only available to persons who can form legally binding contracts under applicable law, and are not available to minors. If you do not qualify, please do not subscribe to the Service. Trimble reserves the right to refuse its Services to anyone at anytime in its sole discretion.
At the time of registration you will also choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account, and you agree that Trimble may terminate your subscription and access to the Services if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Notice about Location Based
Services. When you use the Software used with the Trimble
Outdoors Services to voluntarily upload and share Adventure Planner Trips
through Site, information regarding your geographic location(s) may be accessed
and disclosed through the Software. You
agree to notify any other users associated with your Trimble Outdoors account
of this feature.
The Services on this Site may include e-mail services, bulletin board services, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with Trimble (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Trimble, the general public or by members of a public or private community (collectively, “User Communications”). Specifically, a principal feature of the Trimble Outdoors Service accessed through this Site is enabling subscribers to create Adventure Planner Trips that may be inputted and shared with other members of the Trimble Outdoors community and the general public. To enhance the Trimble Outdoors experience of its community members Trimble intends to maintain online all inputted and shared Adventure Planner Trip User Communications for an indefinite period. Trimble may also permit its business partners to use and display Adventure Planner Trip User Communications on other websites for viewing and use by their own subscribers or the general public.
THEREFORE PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND
NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO
SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:
Please note: You may terminate the preceding licenses
granted in any User Communications by removing your submitted User
Communications from the Services, (i.e. by opting-out of sharing) provided,
however, that such termination will not affect any permissions or licenses
granted in connection with the User Communications prior to the time you
completely remove and opt-out of sharing the User Communications. If you are unable to access the Trimble
Outdoors Services to remove your User Communications due to termination of your
Trimble Outdoors subscription and/or wireless telephone service, then you may
submit a request for removal of your shared User Communications to Support@TrimbleOutdoors.com.
Trimble shall
have no obligation to monitor the User Communications to the Services. Nor
shall Trimble have an obligation to remove any User Communications that you
have opted to input and share with the Trimble Outdoors community absent its
receipt of your written request to do so.
However, Trimble reserves the right to review materials posted to the
Services and to remove any materials in its sole discretion.
Trimble reserves
the right at all times to disclose any information as Trimble deems necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any User Communications or
other materials, in whole or in part, in Trimble's sole discretion.
Trimble does not
control or endorse the content, messages or information found in any User
Communications to the Services and, therefore, Trimble specifically disclaims
any liability with regard to them and any actions resulting from your
participation in any Services.
As a condition of your use of the Services you agree that you will not
use the Services for any purpose that is unlawful or prohibited by the TOU.
Trimble may restrict or cancel Services to you if there is a reasonable
suspicion of, or any actual misuse or fraudulent use by you. You will be
responsible for any costs incurred by Trimble or any other party (including
attorneys fees) as a result of your misuse or fraudulent use of the
Service.
Misuse or fraudulent use includes, but is not limited to,
UPON A REQUEST BY TRIMBLE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRIMBLE AND THIRD PARTIES CONTRIBUTING TO THE SERVICES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE SERVICES AND THIS SITE. TRIMBLE RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH TRIMBLE IN ASSERTING ANY AVAILABLE DEFENSES.
If you violate these Terms of Use, or if the wireless service carrier through which you purchase Services on this Site terminates your wireless service, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Services content obtained from the Site.
You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage. You further acknowledge that Trimble is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.
Trimble shall not be held liable by you or any third party for any loss or damage arising from Services, or its interruption, transmission errors, defects or any other cause, including, but not limited to, interruption caused by the underlying carrier. Trimble does not assume and shall not have any liability for events beyond Trimble's control or the control of Trimble's subcontractors, licensors or business partners, including, but not limited to, acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.
You are responsible for any risk of loss for the hardware equipment
required to communicate with the Service, from any cause, including vehicle
failure, theft, fire, collision, tampering, and vandalism.
Trimble reserves the right to remove or discontinue Services available on this Site with or without notice. Trimble further reserves the right to terminate your authorization to use any Services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason, immediately and at any time.
This Site may contain links to third party websites. Access to any other Internet site linked to this website is at the user's own risk. Trimble does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Although Trimble has attempted to provide accurate information on this Site, Trimble assumes no responsibility for the accuracy of the information or Services; nor does Trimble warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Your use of this Site is at your sole risk. Trimble may change the Services at any time without notice. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
TRIMBLE FURNISHES AND YOU
ACCEPT THE SERVICES AND THIS SITE ON AN "AS-IS, AS AVAILABLE" BASIS
WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY
DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING
THE SERVICE TO YOU, OR ANY THIRD PARTY. TO THE EXTENT TRIMBLE PROVIDES ACCESS
TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, TRIMBLE ACCEPTS NO
LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
CONTENT THEREOF.
IN NO EVENT SHALL TRIMBLE OR
ANY THIRD PARTY CONTRIBUTING TO THE SERVICES BE LIABLE TO YOU OR ANY OTHER
PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS
INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF
THE USE OR INABILITY TO USE THE SERVICES OR SITE, DAMAGES RESULTING FROM USE OF
OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF
TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
ASSUME ALL RISK OF USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISK
OF ACCIDENTS BY USING THE SERVICES WHILE OPERATING A MOVING VEHICLE.
THE SERVICES ARE NOT
GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT TRIMBLE SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
This Site is administered by Trimble from its offices in the United States of America. Trimble makes no representation that Services on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Services or content available on this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Copyright information and a list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.html. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble should be referred to Trimble's Intellectual Property department at U.S. 1-408-481-8000.
Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Materials by the Government constitutes acknowledgment of Trimble's proprietary rights in them.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.
The Services may include
the NAVBuilder product which is the sole and exclusive property of Networks In
Motion, Inc. ("NIM"), a
You acknowledge and agree that NIM is a third-party beneficiary to the End User License Agreement and that the provisions of the End User License Agreement related to your use of the NAVBuilder product are made expressly to the benefit of NIM and are enforceable by NIM in addition to Trimble.
You are only granted a non-exclusive, non-transferable right to use the NAVBuilder product for your personal, non-commercial use. You may only use the NAVBuilder product with and as part of the Services, and are prohibited from using the NAVBuilder product for application development purposes or otherwise outside of the scope of these TOU.
You shall be prohibited from sublicensing, timesharing, renting the NAVBuilder product or using the NAVBuilder product on a service bureau basis.
NIM reserves and retains all right, title and interest (including, without limitation, all intellectual property rights) in and to the NAVBuilder product, and all copies thereof. You may not copy the NAVBuilder product, except for inactive backup and archival purposes only, and must include on all copies of the NAVBuilder product all copyright, government restricted rights and other proprietary notices or legends included on the NAVBuilder product when it was delivered to you.
NIM shall not be liable for any special, indirect, consequential or incidental damages arising out of usage or distribution of the NAVBuilder product. NIM's entire liability to you for damages concerning performance or non-performance of the NAVBuilder product or in any way arising from or related to End User License Agreement, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise, shall not exceed the amount received by NIM from Trimble on a per unit basis as consideration for use of the NAVBuilder Product.
Only object code versions of the NAVBuilder product are licensed to you and reverse engineering, disassembly or decompilation to derive source code shall be prohibited (except to the extent expressly allowed under applicable law).
You agree to comply with
all export and re-export restrictions and regulations imposed by the government
of the
Although copyrighted, the NAVBuilder product is unpublished and contains proprietary and confidential information of NIM. You shall agree to maintain the NAVBuilder product in confidence and shall protect the NAVBuilder product with at least the same degree of care with which you protect your own similar confidential information (but in no event less than reasonable care).
You shall indemnify, hold harmless and defend NIM and its directors, officers, employees and representatives harmless from and against any and all claims, suits, proceedings, damages, judgments and expenses (including, without limitation, reasonable attorneys' fees) or settlement thereof in connection with or arising from any third-party claim based upon your breach or alleged breach of the terms and conditions granted to you hereunder, or in the End User License Agreement, or based upon your use of the NAVBuilder product.
Trimble may terminate this agreement with you immediately upon written notice to you in the event that you breach any of the terms or obligations set forth in herein.
The NAVBuilder product is licensed to you "AS IS" and NIM makes no representation or warranties, express or implied, regarding the accuracy of any data provided by the NAVBuilder product. NIM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED IN CONNECTION WITH, ARISING FROM OR RELATING TO THE LICENSED SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
These Terms of Use, along with any applicable license agreement(s), constitute the entire agreement between you and Trimble, and supersedes any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Trimble with respect to the Services. No change, modification, or wavier of the terms and conditions of the TOU, shall be binding on Trimble unless made in writing, with Trimble's approval. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Trimble. The failure of Trimble to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Procedure for
Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to the Trimble Designated
Agent. The contact information of the Trimble Designated Agent is:
Heidi Hofmann
Legal Department
Trimble Navigation Limited
935 Stewart Drive
Sunnyvale, CA 94085
Ph: 408-481-7296
Fax: 408-481-7780
Email: Heidi Hofmann