1 Scope

1 Scope
TERMS OF USE TomTom Websites
These Terms of Use apply to the use of TomTom Websites and contain your rights,
obligations and restrictions when using TomTom Websites.
By continuing to use this TomTom Website you accept and are bound by all these
Terms of Use and any amendments and additions to it.
TomTom may change these Terms of Use at any time with or without prior notice,
effective upon its posting on the TomTom Websites. Please check the TomTom
Websites regularly. Your continued use of the TomTom Websitesshall be considered
your acceptance to the revised Terms
Built-in Device
Any Product built-in into a vehicle and sold via a third party to you.
Any hardware, items and accessories, including but not limited to:
All navigation devices (excluding the Built-in Devices)
Sports devices
Accompanying items and accessories
Terms and Conditions
The General TomTom Terms and Conditions as found at www.tomtom.com/legal.
Terms of Use
These Terms of Use TomTom Websites.
Third Party Material
Content, software codes, data, information, functionality, other content and
algorithms licensed or otherwise made available by others than TomTom.
TomTom Content
All information, text, files, scripts, graphics, photos, sounds, music, videos,
interactive features, functionalities or other similar materials, made available by
TomTom Websites
All websites made available by TomTom, which are accessible by you without prior
registration or logging in, including, but not limited to:
Any userof aTomTom Website.
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.
If you reside in the U.S. or Canada, these Terms of Use are entered into between you
and TomTom Inc., a Massachusetts corporation 24 New England Executive Park #
410, Burlington, MA 01803, USA , Company number (ID number): 571139414;;
otherwisethese Terms of Use are entered into between you and TomTom
International B.V. a private company with limited liability, having its corporate seat
in Amsterdam, its registered address at De Ruijterkade 154 (1011 AC) Amsterdam,
the Netherlands and registered in the trade register of the Chamber of Commerce in
The Netherlands under number 34076599, and holding the VAT number NL
8007.65.679.B.01.(in either case "TomTom").
By accessing or using aTomTom Website, you acknowledge that you have read,
understand and agree to be bound by these Terms of Use, andthe applicable law,
regardless of whether you have a registered account with TomTom or not.
If you do not agree to these Terms of Use, please do not use the TomTom Websites.
Additional terms, including the Terms and Conditions[www.tomtom.com/legal],
may apply to a purchase via the TomTom Websites and you may be requested to
explicitly accept such additionalterms. Such additional terms may be in addition to
these Terms of Use or, to the extent they are inconsistent with the content or intent
of these Terms of Use, such additional terms will supersede these Terms of Use.
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
theTomTom 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 particularcountry. Please contact our local representative for further
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 obtainedvia 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
TomTom reserves the right to suspend or terminate your access to the TomTom
Websites if TomTom believes - in its sole discretion - you have violated these Terms
of Use.
All intellectual property in and to the TomTom Websites is owned by TomTom, its
affiliates and its licensors, which includes (without limitation) materials protected by
copyright, trademark, or patent laws. All trademarks, service marks and trade names
(e.g., the TomTom name and the two-hand logo) are owned, registered and/or
licensed by TomTom N.V. and its affiliates. All content on the TomTom Websites is a
collective work under the United States and/or the Netherlands and other copyright
laws and is the proprietary property of TomTom. All rights are reserved. Nothing in
these Terms of Use shall be interpreted as granting any license of intellectual
property rights to you.
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.
Our privacy statement[www.tomtom.com/legal], which is incorporated into these
Terms of Use by this reference, further describes the collection and use of
information on the TomTom Websites and the use of cookies.If you want to read
more about how TomTom deals with information relating to you and the use of
cookies by TomTom, please have a look at TomTom's privacy statement at our
website tomtom.com/legal/privacy .
Third Party Websites
The TomTom Websites may contain links to third party websites, solely for your
convenience.TomTom does not endorse, monitor or have any control over these third
party websites, which have separate terms of use and privacy policies. If you use
these links, you will leave our website. TomTom is not responsible for the content or
policies of third party websitesand you access such third partywebsites at your own
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.
You agree to indemnify, defend, and hold harmless TomTom, its affiliates, officers,
directors, employees, agents, licensors and suppliers from and against all claims,
losses, liabilities, expenses, damages and costs, including, without limitation,
attorneys' fees, arising from or relating in any way to your use of the TomTom
Websites, your conduct in connection with the TomTom Websites or with other
Users, or any violation of these Terms of Use, any law or the rights of any third party.
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
theTomTom 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.
Nothing in these Terms of Use excludes or limits TomTom's liability for death or
personal injury arising from negligence, or fraud or fraudulent misrepresentation, or
in respect of the implied warranties in sections 12 to 15 of the Sale of Goods Act 1979
or the Consumer Protection Act 1987 or your legal rights in respect of defective
products or products which are not as described or for or any other liability that
cannot be excluded or limited by applicable law.
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
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
TomTomContent; 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-ofservice 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].
Applicable law and competent court
If you are a resident of the U.S. or Canada, you agree that these Terms of Use and the
TomTom Content are governed in all respects by the laws of the State of New York,
USA without regard to its choice of law provisions and that all disputes, claims and
legal proceedings directly or indirectly arising out of or relating to the Terms of Use
or the TomTom Content shall be resolved individually, without resort to any form of
class action, and exclusively in the state or federal courts located in New York City,
New York, USA.
If you reside outside of the U.S. or Canada, all disputes, claims and legal proceedings
directly or indirectly arising out of the Terms of Use or the TomTom Content shall be
subject to Dutch law, without regard to any conflicts of law principles that would
result in the application of the law of any other jurisdiction and shall be exclusively
settled by the courts of Amsterdam, The Netherlands. The 1980 U.N. Convention on
Contracts for the International Sale of Goods shall not apply to the TomTom
Websites or these Terms of Use and is hereby expressly disclaimed.
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.
TomTom's failure to insist upon or enforce strict performance of any of the Terms of
Use shall not be considered a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall modify any of the Terms of Use.
TomTom may assign its rights and delegate its duties under the Terms of Use to any
party at any time without notice to you.
If any provision in the Terms of Use is held invalid, the remainder shall continue to
be enforceable. If any provision in the Terms of Use is deemed unlawful, void or
unenforceable, then that provision is deemed severable and the remaining provisions
are still valid and enforceable.
Questions or remarks
Should you have any questions, suggestions, complaints or remarks concerning the
TomTom Websites or these Terms of Use, or if you desire to contact TomTom for any
reason, please do so by email via http://www.tomtom.com/support.
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