The Traffic Service Provider holds the rights to the traffic incident data (the “Traffic Service Data”) and, if you receive RDS/TMC traffic, the RDS/TMC network through which it is delivered. You may not modify, copy, scan, or use any other method to reproduce, duplicate, republish, transmit, or distribute in any way any portion of Traffic Service Data. You agree to indemnify, defend, and hold harmless the Traffic Service Provider (and its affiliates) and Garmin Ltd. (and its subsidiaries) (collectively, “Garmin”) against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of (a) your unauthorized use of the Traffic Service Data or the RDS/TMC network, (b) your violation of this Traffic Service End User Subscriber Agreement and/or (c) any unauthorized or unlawful activities by you in connection herewith.
The Traffic Service Data is informational only. You assume all risk of use. The Traffic Service Provider, Garmin, and their suppliers make no representations about content, traffic and road conditions, route usability, or speed.
Garmin and its Traffic Service Provider(s) make no warranty of fitness or compatibility of the Traffic Service Data with the Garmin software application (the “Application”) you have chosen to download or your device and no warranty that the Traffic Service Data will operate properly as integrated and interfaced with the Application or your device . In addition, Garmin and its Traffic Service Provider(s) make no warranty with regard to the reliability, accuracy, exhaustiveness and completeness of the Traffic Service Data, which may contain inaccuracies and/or errors from time to time. To the maximum extent permitted by applicable law, any and all warranties of any kind whatsoever with regard to the Traffic Service Data are hereby expressly waived and excluded, including, but not limited to, those of merchantability, fitness for a particular purpose, accuracy or completeness of the Traffic Service Data, and/or a lack of viruses.
Garmin and its Traffic Service Provider(s) disclaim all liability for any loss, injury, or damage resulting from use of or inability to use the Application and Traffic Service Data as a result of weather difficulties, the destruction of transmitters and/or other broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness or accuracy of the Traffic Service Data. In no event shall Garmin or its Traffic Service Provider(s) be liable to you or any other party for any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Application or the Traffic Service Data, even if Garmin has been advised of the possibility of such damages.
If you purchase “lifetime” or “one-time” traffic, you will receive Traffic Data for the useful life of your Garmin-enabled traffic receiver (as long as you own a compatible GPS) or as long as Garmin receives Traffic Data from its third party content supplier, whichever is shorter. Garmin may terminate your traffic subscription immediately if you violate any of the terms of this Agreement. Your traffic subscription may not be transferred to another person or another Garmin product.