Terms of Use

These Terms of Use govern all use of the Ciao! Service. Please read these Terms of Use carefully.

1. Agreement to Terms. You agree to these Terms of Use in consideration of, and as a condition to, being allowed to use the Ciao! Service (defined below). Establishing a myGarminâ„¢ account to access the Ciao! Service constitutes and indicates your acceptance of these Terms of Use.

2. Definitions. The following definitions apply to these Terms of Use:

A. "Garmin" means Garmin Ltd. and its subsidiaries.

B. "Ciao! Service" means the Garmin application that allows you to access Third Party Providers' networks that among other things gather, use and disclose information regarding the location of people in the networks.

C. "Third Party Providers" means the third parties that provide you access to their networks when you establish an account on myGarmin to access the Ciao! Service.

D. "myGarmin Account" means your myGarmin account that you establish in order to use the Ciao! Service.

3. Registration; myGarmin Account. In order to use the Ciao! Service you will be required to register and create a myGarmin Account. You must be at least 18 years old to establish and maintain a myGarmin Account. As part of the registration process, you will select a user name and password. You are responsible for maintaining the confidentiality and security of your user name and password and you will be responsible for all uses of your user name and password, whether or not authorized by you. You must notify Garmin of any known or suspected unauthorized use of your myGarmin Account, or known or suspected theft of your user name and password. All personal information you provide to Garmin during the registration process, such as your name, mobile phone number and email address, will be collected, used and disclosed by Garmin in accordance with its Privacy Statement, which can be found here: www.garmin.com/product/privacy.

4. Use of Ciao! Service. By using the Ciao! Service, you agree that the Third Party Providers will gather, use and disclose information regarding your location. The Ciao! Service allows the friends you choose to see where you are using your real-time geographic location information that the Third Party Providers collect from your mobile device. You control when and to whom your location is disclosed by managing the settings from within the Ciao! application and on the Third Party Providers' applications. Garmin assumes no responsibility for the gathering, use or disclosure of any of your information by the Third Party Providers, and you agree that you will not seek to hold Garmin responsible for any gathering, use or disclosure of any of your information by the Third Party Providers. Garmin does not guarantee the accuracy of any location information displayed through the Ciao! Service or the applications of the Third Party Providers. The Ciao! Service should not be relied upon for any situations involving personal safety. The ways in which the Third Party Providers protect, use and disclose such information is governed by the terms of use and privacy policies of such Third Party Providers, which you should read carefully before creating your myGarmin account and using the Ciao! Service.

You understand and hereby further agree that you will not:

(a) use the Ciao! Service to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store personal information about other users without their consent;

(b) use the Ciao! Service if you are under the age of 18 years old;

(c) use the Ciao! Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;

(d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Ciao! Service accounts of others without permission; engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;

(e) share Garmin-issued passwords with any third party or encourage any other user to do so;

(f) misrepresent the source, identity or content of information transmitted via the Ciao! Service;

(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Ciao! Service, features that prevent or restrict use or copying of any content accessible through the Ciao! Service, or features that enforce limitations on use of the Ciao! Service;

(h) intentionally interfere with or damage operation of the Ciao! Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; or

(i) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.

5. User Disputes. You are solely responsible for your interactions with other Ciao! Service users. Garmin reserves the right, but has no obligation, to become involved in any way with any dispute between you and another Ciao! Service user.

6. Privacy. Use of the Ciao! Service is also governed by our Privacy Statement, which is incorporated into these Terms of Use by this reference and can be found here: www.garmin.com/product/privacy.

7. Disclaimers. GARMIN IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NETWORKS OF THE THIRD PARTY PROVIDERS OR THE WAYS IN WHICH THEY PROTECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION, INCLUDING YOUR LOCATION. Without limiting the foregoing, Garmin does not warrant that the Ciao! Service or the networks or applications of the Third Party Providers will be accurate, reliable, uninterrupted, error-free or free of viruses or other harmful agents. When you use the networks or applications of the Third Party Providers you do so at your own risk. Garmin is not responsible for the use of the Ciao! Service by any other users. Under no circumstances will Garmin be responsible for any loss or damage, including personal injury or death, resulting from use of the Ciao! Service or from the conduct of any other users of the Ciao! Service. THE CIAO! SERVICE IS PROVIDED "AS-IS" AND GARMIN EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GARMIN DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CIAO! SERVICE OR THE NETWORKS OR APPLICATIONS OF THE THIRD PARTY PROVIDERS.

8. Limitation on Liability. IN NO EVENT WILL GARMIN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CIAO! SERVICES, EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBIILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GARMIN'S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GARMIN FOR THE CIAO! SERVICES.

9. Disputes. Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Ciao! Service will be construed in accordance with and determined by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By using the Ciao! Service, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Ciao! Service is the United States 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 that 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. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Ciao! Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms of Use will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of: Governing law and forum:
Any European Union country English laws; London, England

Specifically excluded from application to this Terms of Use is that law known as the United Nations Convention on the International Sale of Goods.

10. Indemnity. You agree to defend, indemnify, and hold harmless Garmin, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Ciao! Service or the networks or applications of the Third Party Providers or your breach of these Terms of Use.

11. Other.

a. Garmin reserves the right to change, modify, suspend or discontinue any aspect of the Ciao! Service at any time, without notice or liability. Garmin may also impose limits on certain features or restrict your access to parts or all of the Ciao! Service at any time without notice or liability.

b. Garmin reserves the right to modify, amend, delete or make additions to these Terms of Use from time to time. Notice of any such modification, amendment, deletion or addition will be posted on www.mygarmin.com. Your continued use of the Ciao! Service after any such notice has been posted will constitute your agreement to the modified Terms of Use.

c. You acknowledge that Garmin reserves the right to charge for any portion of the Ciao! Service and to change its fees (if any) from time to time in its discretion.

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