PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MAGELLAN SITES
1. Description of Site and Restrictions on Use. Magellan currently provides users with access to online resources, including information regarding Magellan products, support services and a system for purchasing Magellan products. You understand and agree that the Magellan sites are provided "as is." Except as expressly provided, Magellan does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Magellan maintains the Magellan sites for your personal information and education. Please feel free to browse the Magellan sites. You may print or download material owned by Magellan displayed on the Magellan sites for noncommercial, informational, personal use only, provided you retain all copyright and other proprietary notices contained on the materials. Materials include text, graphical images, pictures, diagrams and video materials. You may not publicly display, sell, rent, decompile, reverse engineer, disassemble, distribute, broadcast, transmit, modify, reuse, repost, use, or create derivative works based on the content of the Magellan sites in whole or in part for any purpose, without written permission from Magellan or the owner of such content in each instance. To access some portions of the sites you may be required to complete a Registration form.
2. Links. Some links on the Magellan sites may permit you to leave the Magellan site and access information provided on other sites not under the control of Magellan. Magellan has not reviewed any or all of the sites linked to the Magellan sites and is not responsible for the content of any linked site or any other sites linked to the Magellan sites. Your linking to the Magellan sites, or other sites is at your own risk. Magellan shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the Magellan sites. Magellan provides links to you as a convenience and does not imply the recommendation or endorsement of the linked information or company. We welcome links to the Magellan sites. You are free to establish a hypertext link to the Magellan sites so long as the link and use of the link does not state or imply any sponsorship, endorsement or affiliation of you or your site by Magellan. Without the prior written permission of Magellan, you may not frame any of the content of the Magellan sites, or incorporate into another web site or other service the intellectual property of Magellan or any of its licensors.
3. User Conduct. You are prohibited from violating or attempting to violate the security of the Magellan sites, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Magellan sites, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, spamming or to transmitting chain letters, junk email or bulk communications, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, including pretending to be someone else or spoofing their identity. Violations of system or network security may result in civil or criminal liability. Magellan will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Magellan reserves the right to block, filter or delete unsolicited email.
4. International Use. Software and other materials from the Magellan sites may also be subject to export controls of the United States and/or such other country whose export restriction may apply. Export Control laws prohibit the export of certain technical data and software to certain territories such as Libya, Cuba, North Korea, Syria, Iran or Iraq. No software or other materials from the Magellan sites may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions or proscribed by the United States Export Administration Regulations without first complying with the licensing requirements of such regulations. Magellan does not authorize the downloading or exportation of any software or technical data from the Magellan sites to any jurisdiction prohibited by the Export Laws.
5. U.S. Government Restricted Rights. The information on the Magellan sites is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227.-7013 et seq. or its successor. Use of the information by the U.S. Government constitutes acknowledgement of Magellan's proprietary rights in the information.
6. Copyright Information. The Magellan sites and their contents are protected by copyright, author rights and/or other intellectual property rights which are the property of Magellan, its parent company or third parties. You should assume that everything you see or read on the Magellan sites is copyright protected unless otherwise noted, and may not be used except as provided in these terms and conditions, without the written permission of Magellan. Magellan neither warrants nor represents that your use of materials displayed on the Magellan sites will not infringe rights of third parties not owned by or affiliated with Magellan.
7. Trademark Information. The following trademarks, logos, and service marks displayed on the Magellan sites are registered and common law trademarks of MiTAC International Corporation and are used under license by MiTAC Digital Corp. (Magellan).
Company, Brands and Products
ASK MAGGIE EXPLORIST MAESTRO MAGELLAN MAGELLAN and design (satellite logo) MAPSEND MERIDIAN MAGELLAN ROADMATE QUICKSPELL SPORTRAK SMARTVOLUME TRITON TRUEVIEW VANTAGEPOINT AS INDIVIDUAL AS YOU ARE BLUE NAV ONETOUCH SAYWHERE SMARTDETOUR TURN IT ON AND GO YOUR FAVORITES AT YOUR FINGERTIPS ADVENTUREPACK CROSSOVERGPS
Other products or company names mentioned in the Magellan sites may be the trademarks or registered trademarks of their respective owners. Nothing contained on the Magellan sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks on products, in advertising or publicity, or for any other purpose without the written permission of Magellan or such third party that may own the trademarks. Your use of the trademarks, or any other content on the Magellan sites, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Magellan will aggressively enforce its intellectual property rights to the fullest extent of the law.
8. Use of Images. Images of people or places displayed on the Magellan sites are either the property of, or used with permission by, Magellan. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
10. Disclaimer. Magellan strives to provide you with accurate information. Nevertheless, Magellan makes no warranties or representations as to the Magellan sites or their accuracy. The information and materials provided on the Magellan sites may include technical inaccuracies, typographical errors or software "bugs." Some information is dated and may not be accurate at a later date. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items on the Magellan sites. We may make changes to the performance or pricing of the products described on the Magellan sites at any time without notice and we do not commit to updating or continuing to provide information on any subject or product. Magellan reserves the right to refuse to accept or to cancel orders placed for products or services listed at an incorrect price, due to typographical or other error, whether or not the order has been confirmed or your credit card has been charged.
11. Disclaimer of Warranties. Your use of and browsing in the Magellan sites are at your risk. You understand and agree that Magellan assumes no responsibility for the timeliness, deletion or incorrect delivery of any communications. MAGELLAN, ANY OF ITS AFFILIATES, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF MAGELLAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Magellan also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Magellan sites or your downloading of any materials, data, text, images, video, or audio from the Magellan sites.
12. Termination. Magellan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Magellan sites and any licenses granted through the sites (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Magellan shall not be liable to you or any third party for any modification, suspension or discontinuance of the Magellan sites.
13. General Information. This constitutes the entire agreement between you and Magellan regarding use of the Magellan sites, superseding any prior agreement between you and Magellan regarding use of the Magellan sites. You may also be subject to additional terms and conditions that may apply when you purchase products or services. Magellan may at any time revise these terms and conditions by updating this posting. The failure of Magellan to exercise or enforce any right shall not constitute a waiver of such right. The Magellan sites are controlled and operated by Magellan from its offices within the United States of America. Magellan makes no representation that materials in the Magellan sites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Magellan sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The internal substantive laws of the State of California shall govern any claim relating to the Magellan sites or information provided on the Magellan sites.