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The TomTom Websites are sites operated by either TomTom Inc. if you reside in the US or Canada, or TomTom International BV if you reside elsewhere.
You agree that any notice, agreement, disclosure or other communication that TomTom sends you electronically when you use the TomTom Website will satisfy any legal communication requirements.
Although care has been taken to ensure the accuracy of the information on the TomTom Websites, TomTom assumes no responsibility therefor. These TomTom Websites and the TomTom Content are provided ‘as is’ and ‘as available’. We may update the TomTom Websites from time to time, and may change the TomTom Content at any time. The TomTom Websites may contain references to specific TomTom Content that may not be available or shall not become available at any time in a particular country. Please contact our local representative for further information.
Consult these conditions to understand how you may lawfully use the TomTom Websites.
You may use the TomTom Websites and the TomTom Content only for lawful purposes. You agree not to change or delete any ownership notices from materials downloaded, printed or otherwise obtained via the TomTom Websites. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any content available through the TomTom Websites.
You may not: (i) modify, alter, edit, merge or otherwise change the search results from the format or order in which they are delivered to you via the TomTom Websites, including, modifying, altering, editing, or otherwise changing any trademarks which are displayed as part of the search results; (ii) combine, co-mingle or merge the search results with any other search services results including Google Local Search; (iii) on-sell, commercialize, syndicate or otherwise derive any revenue, either directly or indirectly, or permit any third party to derive revenue from the search results; (iv) undertake any action which would prevent, hinder, distort or otherwise interfere with TomTom’s ability to calculate any advertising revenues generated from the search results.
You agree not to use the TomTom Websites in any manner that might interfere with the rights of third parties.
You agree not to use any data mining, robots, scraping (including screen-scraping) or similar data gathering methods. You agree not to take any action that might compromise the security of the TomTom Websites, render the TomTom Websites inaccessible to others or otherwise damage the TomTom Websites or the TomTom Content.
Find out how the content from the TomTom Websites is protected under copyright laws. For more detailed information on IP, please consult the Intellectual Property section.
Software made available e.g. by downloading or streaming from or via TomTom Websites is licensed subject to the terms of the applicable license agreement or other applicable terms. Except as set forth in the applicable license agreement or other terms, as aforementioned, the software is made available for use of the TomTom Websites only and any further copying, reproduction or redistributions of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. TomTom hereby expressly disclaims all further representations and warranties of any kind, express or implied, with respect to such software.
If the TomTom Websites contain features that are available to certain mobile devices or via connection through such a mobile device (e.g. tethering) you acknowledge and agree that your carrier's rates and fees apply, including in some cases, additional tethering fees. Not all mobile services will work with all carriers or Products.
Your attention is particularly drawn to this section. Consult this section to find out to what extent TomTom is responsible for the operation of the TomTom Websites and for the TomTom Content found there.
The TomTom Websites, including the TomTom Content and Third Party Material found on these TomTom Websites are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, TomTom disclaims all warranties, express or implied, as to the operation of the TomTom Websites and as to the TomTom Content.
TomTom does not warrant or make any representations as to the security of the TomTom Websites. You acknowledge any information sent may be intercepted by unauthorised third parties and TomTom cannot guarantee and does not promise any specific results from use of the TomTom Websites. TomTom does not represent or warrant that the TomTom Websites will be uninterrupted or error-free, that any defects will be corrected, or that the TomTom Websites or the server that makes the TomTom Websites available are free of viruses or anything else harmful.
To the fullest extent permitted by law, TomTom does not make any warranties or representations regarding the use of the TomTom Content on the TomTom Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain TomTom Content at your own risk, and that you will be solely responsible for your use and any damage to your device via which you access the TomTom Websites, loss of data or other harm of any kind that may result. TomTom reserves the right to change any and all TomTom Content and other items used or contained in the TomTom Websites at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Consult this section to find out under which type of circumstances TomTom is liable to you for damages caused by the TomTom Websites and TomTom Content. This section does not affect your rights under the applicable mandatory national legislation.
Subject to the above, to the maximum extent permitted by applicable law, neither TomTom nor its affiliates, suppliers and/or subcontractors shall be liable to you or any third party for any direct, special, incidental, indirect or consequential damages, including for any lost profits, loss of business, business interruption, damages whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with:
– The use of or the inability to access the TomTom Websites;
– Use of or reliance on any TomTom Content displayed on the TomTom Websites;
– lost data or information, or the like that result from the access of, the use of, or the inability to access or use the TomTom Websites including the TomTom Content; or
– The conduct of other Users (whether online or offline) or attendance at a TomTom event.
Even if TomTom has been advised of the possibility of such damages. You assume total responsibility for your use of the TomTom Websites and the TomTom Content. Your only remedy against TomTom for use of the TomTom Websites is to stop using the TomTom Websites.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the TomTom Websites or to your downloading of any TomTom Content or on any website linked to it.
That said, if TomTom is found to be liable to you for any damage or loss which is in any way connected with your (inability to) access and/or use the TomTom Websites, TomTom's aggregate liability under the TomTom Websites for any one or more claims shall not exceed US$350.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any Product(s) to you, which will be set out in our Terms and Conditions [www.tomtom.com/legal].
Except as prohibited by applicable law, any cause of action or claim you may have with respect to the TomTom Websites must be commenced within one (1) year after the claim or cause of action arises.