Terms of Use
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Terms of Use

TERMS of Use

Last Updated: November 19, 2012

Introduction

Welcome to www.thisisant.com, the Internet site of ANT Wireless, a division of Garmin Canada Inc. (“ANT Wireless”). ANT Wireless is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use this site.

Note that special terms might apply to some services or features offered on this site. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

ANT Wireless may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on this site, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in Canada and foreign countries, and is owned or controlled by ANT Wireless or by third parties that have licensed their Content to ANT Wireless. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where this site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of ANT Wireless, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of ANT Wireless, "mirror" on any other server any material contained on this site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of ANT Wireless. The trademarks, logos and service marks (the "Marks") displayed on this site are owned by ANT Wireless or third parties. You are prohibited from use of those Marks without the express, written permission of ANT Wireless or such third party. If you would like information about obtaining ANT Wireless' permission to use the Content on your Web site, e-mail [email protected].

In the event that we offer downloads of software on a this site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, ANT WIRELESS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

ANT WIRELESS SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, ANT WIRELESS' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Public Forums and Communication

"Public Forum" means an area or feature offered as part of this site that offers the opportunity for users to submit content ("User Submissions") for viewing by one or more site users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, ANT Wireless or any other third party. You may be held legally responsible for damages suffered by other users, ANT Wireless or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to this site. ANT Wireless is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through this site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to this site, you automatically grant, or warrant that the owner of such material has expressly granted, ANT Wireless the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant ANT Wireless the right to edit, copy, publish and distribute any material you make available on this site.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using this site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on this site that:

  1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  2. is bigoted, hateful, or racially or otherwise offensive;
  3. is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  4. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  5. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  6. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  7. contains a virus or other harmful component, or otherwise tampers with, impairs or damages  this site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of  this site;
  8. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
  9. is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from this site that violates these Terms of Use (including the Rules of Conduct).

Accounts

Some services on this site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this site.

We may suspend or terminate your account and your ability to use this site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

ANT Wireless' Liability

ANT Wireless makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using this site and the Content. Any use of this site and the Content is at your own risk. Changes are periodically made to this site and may be made at any time. Some Content on this site may be provided by third parties and ANT Wireless will not be held responsible for any such Content provided by third parties.

ANT WIRELESS DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR THE SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, ANT WIRELESS WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THIS SITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ANT WIRELESS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of this site is at your own risk. If you are dissatisfied with any of the Content or other contents of this site or with these Terms and Conditions, your sole remedy is to discontinue use of the this site. IN NO EVENT WILL ANT WIRELESS OR ANY THIRD PARTIES MENTIONED AT THIS SITE 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 THIS SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANT WIRELESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Links to Other Sites

This site may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by ANT Wireless of the contents on such third-party Web sites. ANT Wireless is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless ANT Wireless, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Export Control

Canada and certain other countries control the export of products and information. You acknowledge that the Content, and/or technology and/or technical data (regardless of the format), provided to you in connection with the Content may be subject to Canadian and foreign export, re-export, import and/or use controls, laws or regulations. You agree that:  (a) your receipt and use of the Content, and/or technology and/or technical data provided to you in connection with the Content does not violate applicable laws or regulations; (b) you will not import, export, or re-export the Content, and/or technology and/or any technical data provided to you in connection with the Content to any country or person in violation of applicable laws or regulations; and (c) you will ensure that your authorized users, as applicable, receive and use the Content, and/or technology and/or technical data in accordance with applicable laws and regulations.

Copyright Policy

ANT Wireless respects the intellectual property rights of others. It is ANT Wireless' policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to ANT Wireless, please submit a notice by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:
[email protected]

By Mail:
Attn: Copyright Management
Garmin Canada Inc.
124 - 30 Bow Street Common.
Cochrane, AB
T4C 2N1

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of this site will be construed in accordance with and determined by the laws of the Province of Alberta applicable to contracts entered into and performed within the Province of Alberta without respect to its conflict of laws principles. By using a this site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this site is the Provincial Court of Alberta, or any courts located within the province of Alberta. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which 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 Canadian citizen; (b) you do not reside in Canada.; (c) you are not accessing the this site from Canada 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

 

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