Dash Policies

Privacy Policy

Preamble
Dash Navigation, Inc. ("Dash") is committed to protecting the privacy of your personal information. This Privacy Policy details certain policies implemented throughout our company governing Dash's use of personally identifiable information about users of our Internet websites located at dash.net and my.dash.net (the "MyDash Site") (collectively, the "Site(s)"), Dash services and/or Dash products (collectively, services and products are: "Product" or "Products"). Where the Privacy Policy differs depending on whether you are using the Site(s) or the Products, that difference will be noted in this Privacy Policy.

Privacy Policy Updates
Due to the Internet's rapidly evolving nature, Dash may need to update this Privacy Policy from time to time. If so, Dash will post a notice of the change and the updated Privacy Policy on the Sites, including at www.dash.net/policy/privacy. We may also send registered users of the Site(s) email notifications notifying such users of any changes to the Privacy Policy. If any change is unacceptable to you, you shall cease using this Site(s) and the Products. If you do not cease using this Site(s) and the Products, you will be deemed to have accepted the change.

Information Collection

Through the Site(s):

You can generally visit the Site(s) without revealing any personally identifiable information about yourself. However, in certain sections of the Sites, in order to register or purchase your Products, we require you to complete forms during which process we will collect personally identifiable information such as your Dash Device Number (DDN), email address, username, password, and if you choose, your mobile phone number, your credit card number and your billing address as well as any other information that you voluntarily transmit with your communication to us. From certain sections of the Site(s), you will be able to send addresses, and other Internet searches to your Products. Contact and payment information that is necessary to administer your account will be stored on Dash servers and linked to personally identifiable information. We may track the total number of visitors to our Site(s), the number of visitors to each page of our Site(s), and the number of External Web Site (defined below) pages you have visited ("Aggregate Data").

Through the Products:

When you use our Product, the Product communicates to Dash the location (latitude and longitude) of the Product that you are using but all of such information will only be collected and used in an aggregated form and will not be correlated to your DDN, registration information or otherwise used in a manner that personally identifies you. When you use the "report a problem" feature on your Product, the Product will send Dash the log files on your Product regarding the searches you have made, any buttons that you push on your Product, and your DDN and location of the Product.

Use of Information
Dash uses the location information we collect through your use of the Products to track traffic conditions and provide data on traffic conditions to users of the Products and on the MyDash Site. Again, this information is provided in the form of general data about traffic and route conditions and not in a way that provides any information about individual users.

When you use the "report a problem" feature on your Product, Dash will use the information that it receives from your Product (i.e. log files on your Product regarding the searches you have made, any buttons that you push on your Product, and your DDN and location of the Product) to contact you and to work to resolve the problem experienced.

We may also use your personally identifiable information you submit to the Site(s) to contact you to deliver certain services or information you have requested, verify your authority to enter our Site(s), improve the content and general administration of the Site(s), services and Products, provide you with notices regarding goods, services and/or Products that you have purchased or may wish to purchase in the future and for targeted advertising.

The aggregate information extracted from the Aggregate Data will be maintained, used and disclosed in aggregate form only and will not contain personally identifiable information. We may use such aggregate information extracted from the Aggregate Data to analyze trends, improve the services and Products we provide to our users, administer the Site(s) and gather broad demographic information for aggregate use.

Disclosure of Information
If you have added a search button to your Products on the MyDash Site, you will have the option to mark such search button on the MyDash Site as public and other Site users will be able to view and use your search button on their Products. We may provide your personally identifiable information and/or the aggregate information to vendors and service agencies that we may engage to assist us in providing our Products and services to you. For example, we may provide your personally identifiable information to a credit card processing company to process your payment. We will also disclose your personally identifiable information (a) if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an investigation of a governmental authority, (b) to enforce the Dash Terms of Use agreement or to protect our rights or (c) to protect the safety of users of our Site(s), services and our Products. We will not sell your personally identifiable information to any company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Dash participates or to a purchaser of all or substantially all of Dash's assets to which the Site(s) relate.

Comment Regarding Children's Privacy
Dash recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Site(s) are not intended for children under the age of 13. Dash does not target its services or the Site(s) to children under 13. Dash does not knowingly collect personally identifiable information from children under the age of 13.

Cookies
We may use small text files called cookies to improve overall Product and Site(s) experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.

Links to Third Party Sites
The Site(s) may provide links to other Web sites or resources over which Dash does not have control ("External Web Sites"). Such links do not constitute an endorsement by Dash of those External Web Sites. You acknowledge that Dash is providing these links to you only as a convenience, and further agree that Dash is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Security
We may employ procedural and technological measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Dash may use password protection and take other physical security measures and place internal restrictions on who within Dash may access your data to help prevent unauthorized access to your personally identifiable information.

Correction and Updating Personally Identifiable Information Collected Through the Site(s)
Dash provides you with the ability to review and correct your registration information that you have provided to us through the Site(s); provided, however, that Dash will retain a copy in its files of all personally identifiable information, even if corrected, in order to resolve disputes or enforce its terms of use. If you wish to review or correct the foregoing information, you may access your account and review or correct your personally identifiable information or contact us.

If you have any questions regarding this Privacy Policy please contact us via email at: privacy@dash.net.

This Privacy Policy is effective as of: 12/13/2007

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Payment Terms

1.     Charges and Billing.

1.1    Not Applicable to Some Situations. If the Dash Service is available without a fee (such as, for a limited time trial offer), then Section 1.2 will not apply to such free period. If the Dash Service is provided for a fee paid to Dash Navigation, Inc (either currently, or in the future), then the terms of this Section 12 apply to you. If the Dash Service is provided for a fee that you paid or will pay to a company other than Dash Navigation, Inc, the terms applicable to charges and billing are as set forth by the other company.

1.2    Payment Method. Your subscription fee will cover the Dash Service, authorized by Dash. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the Dash Service. Prices for the Dash Service exclude all applicable taxes, unless expressly stated otherwise, and such taxes and charges are your responsibility. Currency exchange settlements will be based on agreements between you and the provider of your Payment Method (your "Payment Method Provider").

1.3    Billing. Dash bills you through an online account for the Dash Service. You will pay Dash all charges at the prices then in effect as set forth at the URL: www.dash.net/policy/payment for the Dash Service ordered, and you authorize Dash to charge, and you agree to pay, using your designated payment method (your "Payment Method") for the Dash Service. You have a choice of subscription payment options that may change over time. Dash reserves the right to discontinue any subscription payment option at any time without notice. You may switch your Payment Method at the end of each period. If you choose a billing option with recurring payments (including any pre-paid billing option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that Dash may automatically charge the subscription fee to your payment method at the beginning of each period. Dash reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If you have subscribed for the Dash Service on the 29th, 30th, or 31st day of the month, then the anniversary date of your subscription period will be deemed to be the 1st day of the following month. You represent that you are authorized to use the Payment Method. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION IN ORDER TO RECEIVE THE DASH SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION, BY CALLING CUSTOMER SUPPORT AT 1-877-500-3274, TO KEEP YOUR SERVICE ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY DASH IF YOUR PAYMENT METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY.

1.4    Trial Period Offers. If you are participating in any trial period offer, the Dash Servcie will be terminated at the end of the applicable trial period unless you purchase a service subscription plan.

1.5    Prices and Price Increases. Dash Navigation, Inc. may, with 30 days notice to you, change the pricing of the Dash Service, from time to time. If there is a specific time period and price for your Service subscription (for example, monthly or yearly), then that price will remain in effect for such time period, but continued use of the Dash Service thereafter will be at the new price. If your Service subscription is with no specified duration, then any change in pricing will be effective on the date indicated by Dash. If you are signing up for the Dash Service under a promotional subscription fee, additional restrictions may apply. If you have multiple Dash Service subscriptions under the same account information, additional terms and conditions may apply. If you do not agree to such change, then you must cancel your Dash Service subscription and stop using the Dash Service prior to the effective date of such change. Your continued use of the Dash Service after the effective date of such change constitutes your acceptance of and agreement to such change. If you terminate your Dash Service subscription, then such termination will be effective immediately. The charges for the Dash Service are payable in advance, unless stated otherwise. TO CHANGE YOUR PAYMENT METHOD, CALL CUSTOMER SUPPORT AT 1-877-500-3274, at its discretion, change the Dash Service fees, early termination fee, restocking fee and any other fee, from time to time, and charge fees (which Dash may also change) for features and functionalities that are not a part of the Dash Service. You may obtain the fees currently in effect at any time by contacting Dash Customer Support at 1-877-500-3274.

1.6    Refund Policies.

Hardware return policy for purchases made through Dash.net:

For up to 30 days after the date of your purchase, unused hardware in original packaging with all in-box materials (including all accessories packaged in the box) may be returned to Dash for a full refund. If the hardware has been used but remains in resellable condition (as determined by Dash) you will be charged a $75.00 restocking fee. You are responsible for return shipping costs in both cases unless the return is due to a defective or incorrect item (as determined by Dash), in which case Dash will cover shipping. You must in all cases contact Dash to obtain a Return Materials Authorization number before returning hardware to Dash at http://my.dash.net/support. Credit will be applied to the credit card used for the purchase. Damaged hardware cannot be returned to Dash for any refund.

Service refund policy:

You may cancel your Dash Service by contacting Dash Customer Support at 877-500-3274. Cancellation is effective from the date of cancellation and fees will be pro-rated based on date of cancellation.
During any free trial period of your Dash Service that you receive prior to the paid Dash Service period commencing, you may cancel your Dash Service and you will be issued a full refund of the fees you have paid to Dash in advance for the Dash Service.

Once the paid Dash Service period begins:

-If you cancel a 2-year plan: during the first 180 days of your Dash Service commitment period, you will receive a refund of $100, between 181 days to 1 year of your Dash Service commitment period the refund will be $50, and after 1 year of your Dash Service commitment period there is no refund.
-If you cancel a 1-year plan: during the first 180 days of your Dash Service commitment period you will receive a refund of $50, and starting with the 181st day of your Dash Service commitment period there is no refund.
-There is no refund on the 9-month/gift plan.
-There is no refund on the monthly plan.

1.7    Billing Statement. When you purchase a pre-paid subscription service plan your credit card will be charged and an order confirmation email will be sent to the email address on file. When you purchase a month-to-month subscription service plan, your credit card will be charged each month  and an order confirmation email will be sent each time your credit card is charged to the email address on file.  The order confirmation email will be deemed as the only form of billing statement that Dash provides to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR BILLING STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS.

1.8    Due Date; Late Charge. All amounts you owe Dash must be paid in full on the date such payment is deemed due by Dash. You shall pay any late charges that Dash assesses on amounts due but not timely paid. The late charge will be the lesser of 1% per month (or 12% per annum) on the total amount due but not paid or the maximum rate that is permitted by law. Dash reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys fees and other legal fees and costs.

1.9    Default. If Dash Navigation, Inc does not receive payment for any charge to your Billing Account, you will be in default and Dash may suspend or cancel the Dash Service and your access to the Dash Service. If your Payment Method Provider seeks return of payments previously made to Dash but Dash in good faith believes that you are liable for the charges, then, subject to applicable law, Dash may seek payment from you and you will also be in default. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee.

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Service Agreement

Welcome to Dash! This Agreement explains the Terms and Conditions that will apply to your use of your Dash enabled GPS device ("Dash Product"), the MyDash website ("website") and the Dash Service (The website and the Dash Service are collectively, "Dash Service") and constitutes a legally binding agreement between you and Dash Navigation, Inc. ("Dash"). By using the Dash product or the Dash service, you agree to all the terms and conditions in this agreement ("Agreement"). The DashTM logo on your product means that it is enabled to access the Dash service offered and provided by Dash solely for your personal or internal business use.

Changes. DASH MAY AT ITS DISCRETION CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME BY POSTING A CHANGE NOTICE AND UPDATED TERMS OF USE at www.dash.net/policy/service. DASH MAY SEND YOU AN EMAIL NOTICE OF THE CHANGES. YOU MAY ALSO CALL DASH CUSTOMER SERVICE AT 877-500-3274 FOR A COPY OF THE CURRENT DASH SERVICE AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE DASH SERVICE AND YOU MAY CANCEL YOUR SUBSCRIPTION TO THE DASH SERVICE AS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT CEASE USING THE DASH SERVICE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

1. Eligible Subscribers. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE DASH SERVICE AND TO ASSUME THE RESPONSIBILITIES OF THIS AGREEMENT. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THE DASH SERVICE AND HAVE THEM READ AND AGREE TO THIS AGREEMENT.

2. Dash's Privacy Policy. You must provide us with accurate and complete information when you activate your Dash Service. Dash reserves the right to terminate your account if you give Dash inaccurate or incomplete information. Dash collects, uses and discloses your personally identifiable information in accordance with the Dash Privacy Policy available at www.dash.net/policy/privacy. Please read it carefully before using the Dash Service. By using the Dash Service, you agree to the terms and conditions of our Privacy Policy

3. The Dash Service. The Dash Service is a set of features that include information around traffic, access to internet local search, and messaging services.

4. MyDash website. The Dash Service enables you to personalize your Dash Product using the Website at my.dash.net. Additionally, you may access additional Dash Service related features through the Website. Please note that when you activate a Dash Service subscription, the MyDash feature is always turned on. The MyDash features cannot be turned off unless this Agreement is terminated. This means that if you purchase your Dash Product from another individual, the seller will be able to personalize the Dash Product until you contact Dash and have the Dash Service subscription for the Dash Product transferred to your own account.

5. Password and Security. If you are required to register with Dash, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You authorize Dash to assume that any person using your account with your password and user name either is you or is authorized to act for you. You agree to notify Dash immediately of any unauthorized use of your account or any other breach of security. Dash will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Dash or another party due to someone else using your account or password.

6. Internet connected Service. Many of the advanced Dash Service features are only available if your Dash Product is connected to the Dash Service via the Internet. . Your Dash Product can connect via GPRS (cell phone radio) or via WiFi (wireless) to the Internet. Dash does not guarantee your connection to the Internet. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints and coverage areas. You may not have access to some features such as: Yahoo! Local Search TM, and traffic data when your Dash Product is not connected to the Internet. You must have access to a WiFi internet network and configure your Dash Product appropriately in order to utilize features, such as software updates and map updates. You are responsible for any WiFi or broadband service charges incurred as a result of using or accessing the Dash Service and acknowledge and agree that you shall be solely responsible for all disputes with any Internet service provider related to the same.

7. We Don't Control Third-Party Content. The Dash Service gives you the ability to access content over which Dash exercises no control ("Third Party Content"). You understand that: (a) Dash does not guarantee the access to any particular Third Party Content; (b) content providers may restrict or revoke access to their content at any time; (c) Dash is not responsible for the accuracy and has no editorial control over any such Third Party Content; and (d) Dash has no control over the distribution of such Third Party Content. You agree that Dash will have no liability to you, or anyone else who uses your account and Dash Product, with regard to such Third Party Content such as Yahoo! Local SearchTM results.

8. Third Party Content Is Copyrighted. You also understand that the Third Party Content is the copyrighted material of the third party that supplies it to Dash, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it. You hereby agree and declare that any and all Third Party Content accessed or transferred using the Dash Service is for your personal or internal business use and that the Dash Service will not be used for Third Party Content to be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. Dash reserves the right to terminate the accounts of users of any Dash Service or software who infringe the copyrights of others. In addition, steps intended to defeat or bypass security measures which are designed to prevent infringement of copyrighted works may be illegal under U.S. law or comparable foreign laws. Dash reserves the right to terminate the Dash Service accounts of users who develop or use any method to defeat or bypass such security measures and to take any other necessary or appropriate action to prevent infringement of copyright holders' rights.

9. Changes to Your Dash Service. Dash may at its discretion and from time to time change, add, or remove features and functionality of the Dash Service or the Dash Product without notice. If you are dissatisfied with any such changes to the Dash Service, you may cancel your subscription to the Dash Service as provided in this Agreement. Dash reserves the right to discontinue one, some, or all of the features of the Dash Service you receive at any time at its discretion. Dash may at its discretion discontinue the provision of software updates to certain Dash Products. This means that while other Dash Products may receive continued software updates and functionality; Dash is not required to provide such updates to your Dash Product. Additionally, the level of service Dash provides may not be the same on each Dash Product; a given Dash Product may support different features and functionality, and Dash is under no obligation to provide all features and functionality to your Dash Product.

10. Using the Dash Service. You may access and use the Dash Service only with a Dash Product that is authorized to receive the Dash Service and you agree not to tamper with or otherwise modify your Dash Product. The Dash Service is provided for your personal, or internal business use , and may not be resold, in whole or in part. Except as expressly provided in this Agreement, you may not transfer the Dash Service. By using the Dash Service, you agree to receive all software updates and upgrades that Dash sends to your Dash Product. If your Dash Product accesses the Dash Service (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the Dash Service and are bound by the terms of this Agreement.

11. Payment Terms You agree to pay Dash as set forth on the payment page available at www.dash.net/policy/payment.

12. Termination of Service. Subject to any Dash Service commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the Dash Service, at any time and for any reason or no reason, by contacting Dash Customer Support at 877-500-3274. The Dash Service will be terminated within 24 hours after your call and unused subscription fees are nonrefundable except as stated in www.dash.net/policy/payment. Notwithstanding anything to the contrary in this Agreement, Dash retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if we fail to collect payment described in this Section 13, if you breach any provision in this Agreement, if you misuse the Dash Service, and/or if you alter your Dash Product or use the Dash Service in such a manner as to infringe upon the intellectual property rights of Dash or any third party. In addition, Dash reserves the right to terminate your account and this Agreement for any other reason or no reason if Dash gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Dash Service before termination. If your Dash Service is cancelled or terminated at any time, for any reason, you will still be able to use your Dash Product as a turn-by-turn GPS device but you will not have access to the features that the Dash Service provides (such as, Yahoo! Local SearchTM, and traffic data).

13. Advertising and Promotions. The Dash Service is advertiser supported. Dash reserves the right to send content (including advertising and promotional material) to such reserved portions of your Dash Product's storage as part of the Dash Service. This content may include text, logos, pictures, audio, video or any other form of display on the Dash Product.

14. Software. Your use of the software embedded in the Dash Product is subject to certain limited license rights. The license and other software specific terms regarding your use of any software embedded in the Dash Product, including, without limitation, warranties with respect to such embedded software, is as set forth at www.dash.net/policy/about.

15. Intellectual Property. Dash or its licensors retain all right, title and interest in and to all intellectual property embodied in the Dash Products. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sub-license, distribute or use for other purposes the Dash Product is strictly prohibited.

16. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DASH FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST DASH, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE DASH SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE DASH PRODUCT.

17. Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE DASH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DASH MAKES NO WARRANTY THAT THE DASH SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE DASH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES DASH MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE DASH SERVICE (INCLUDING, WITHOUT LIMITATION, THE THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE DASH SERVICE WILL BE CORRECTED OR THAT THE DASH PRODUCT OR DASH SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, DASH DOES NOT WARRANT THAT THE DASH SERVICE OR THE DASH SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT DASH) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. DASH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR DASH PRODUCT, DASH PRODUCT SOFTWARE, OR OTHER HARDWARE. DASH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE DASH SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, this section may not apply to you.

18. Limitations of Dash's Liability. IN NO EVENT WILL DASH OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE DASH SERVICE OR USE OF THE DASH SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF DASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL DASH'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE DASH SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO DASH IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF DASH'S AND DASH'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit Dash's liability in the event of Dash's willful or intentional misconduct. Moreover, if Dash mistakenly or wrongfully overcharges your account, this section does not limit Dash's obligation to refund such mistakenly or wrongfully overcharged amounts.

19. Miscellaneous. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and Dash agree to submit to the exclusive personal jurisdiction of the courts located within the county of Santa Clara, California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. This document and the terms of any applicable written Dash Service commitment offer from Dash accepted by you represent the entire agreement governing your use of and subscription to the Dash Service and supersedes any prior or contemporaneous written or oral statements by Dash or its representatives or resellers. Dash's failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of Dash's right to do so at any time. Sections 11 ("Using the Dash Service"), 12 ("Payment Terms"), 13 ("Termination of Service"), 15 ("Software"), 16 ("Intellectual Property"), 17 ("Indemnity"), 18 ("Warranty Disclaimer"), 19 ("Limitations of Dash's Liability"), and 20 ("Miscellaneous") shall survive any termination or expiration of this Agreement.

BY USING THE DASH PRODUCT OR DASH SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.

This Agreement was last revised on December 13, 2007.

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Dash Software License Agreement

Copyright 2003 - 2008 Dash Navigation, Inc. All rights reserved. Dash, and the Dash logo are the exclusive trademarks of Dash Navigation, Inc.

IMPORTANT-READ CAREFULLY: BY USING THE SOFTWARE OR THE DATA EMBEDDED IN THE DASH PRODUCTS, YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY) AS THE "CUSTOMER" AGREE TO ALL THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") WITH DASH NAVIGATION, INC. ("DASH") REGARDING CUSTOMER'S USE OF THE SOFTWARE AND THE DATA. IF CUSTOMER DOES NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE SOFTWARE OR THE DATA AND CUSTOMER WILL NOT BE ABLE TO USE THE SOFTWARE OR THE DATA. THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE THAT YOU ACCEPT THIS AGREEMENT BY USING THE SOFTWARE OR THE DATA.

1. Definitions.

1.1 "Data" means the data and materials that are embedded within the Dash Product.

1.2 "Software" means the software embedded within the Dash Product, including, without limitation, the Third-Party Software or Data.

1.3 "Third-Party Software or Data" means certain software or data that Dash licenses from third parties and provides to you with or within the Dash Product.

1.4 "Open Source Software" means certain software applications that are made available under certain open source licenses, including, without limitation, the GPL and the LGPL, as described below.

2. License.

2.1 Grant. Subject to the terms and conditions of this Agreement, Dash hereby grants to Customer a non-exclusive, non-transferable license (without the right to sublicense) to (i) use the object code form of the Software and (ii) use the Data; each solely during the term of this Agreement, solely as embedded within the Dash Product and solely for personal or internal business use. This Agreement is between Customer and Dash and governs Customer's use of the Software and Data. Certain Third-Party Software or Data and Open Source Software provided within the Dash Product may be subject to additional or different terms and conditions imposed by the licensors of such Third-Party Software or Data and Open Source Software, as set forth in the below in the Third-Party Software or Data and Open Source notices and licenses section and you agree to comply with terms and conditions contained in all such Third-Party Software or Data and Open Source notices and licenses.

2.2 Restrictions. Except as explicitly set forth in this Agreement, Customer shall not, and shall not permit any third party to: (i) permit other persons or entities to use the Software or Data; (ii) reproduce the Software or Data; (iii) modify, translate, port, adapt or create derivative works from the Software or Data; (iv) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or attempt to extract source code from the Software or the Third-Party Software or Data that is Yahoo! data; (v) lend, lease, distribute or otherwise transfer the Software or Data; (vi) remove, obscure or alter any proprietary notices or labels on the Software or Data or Third-Party Software or Data; or (vii) knowingly take any action that would cause the Software, Data or Third-Party Software or Data to be placed in the public domain.

3. Acceptance. The Software and Data shall be deemed accepted upon Customer's use of the same.

4. Disclaimer. CUSTOMER AGREES THAT DASH AND ITS LICENSORS AND SUPPLIERS PROVIDE THE SOFTWARE AND THE DATA AND THE THIRD-PARTY SOFTWARE OR DATA ON AN "AS IS" BASIS AND "WITH ALL FAULTS". NEITHER DASH NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE PERFORMANCE OF THE SOFTWARE, THE DATA AND/OR ANY THIRD-PARTY SOFTWARE OR DATA PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DASH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT.

5. Ownership. All right, title and interest in and to the Software (including all fixes and updates thereto) and Data shall at all times remain exclusively vested in Dash and/or its licensors, including without limitation all copyrights, patents and the right to apply for patents, trade secrets, moral rights and other intellectual and industrial property rights, and Customer hereby assigns to Dash any interest it may have in the same. Subject to the licenses granted under this Agreement, Dash expressly reserves all right, title and interest in and to all compilations, selections, arrangements, portions, extracts, adaptations, and derivatives of the Software (including all fixes and updates thereto) and Data.

6. Consequential Damages/Limitation of Liability. EACH PARTY AGREES THAT IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OF ANY KIND RELATING TO THIS AGREEMENT, THE SOFTWARE, DATA OR ANY THIRD-PARTY SOFTWARE OR DATA PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST DATA, PROPERTY DAMAGE OR INABILITY TO USE THE SOFTWARE, DATA OR THIRD-PARTY SOFTWARE OR DATA, EVEN IF A PARTY OR DASH'S LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL DASH'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE CUMULATIVE AMOUNTS RECEIVED BY DASH PURSUANT TO THIS AGREEMENT AND ANY OTHER AGREEMENT WITH CUSTOMER FROM CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. ADDITIONALLY, IN NO EVENT SHALL DASH'S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES UNDER THIS AGREEMENT. THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE, PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT APPLY TO ANY INTENTIONAL OR WILLFUL ACT BY A PARTY.

7. Term/Termination. This Agreement shall commence on the Effective Date and continue until otherwise terminated pursuant to this Section 7 ("Term/Termination"). Dash may terminate this Agreement upon any material breach of this Agreement by Customer that is not cured within thirty (30) days following written notice thereof. Promptly upon termination or expiration of this Agreement, Customer will: (i) cease use of the Software and Data; and (ii) destroy all copies of the Software and Data, and certify such destruction in writing to Dash. The foregoing requirement applies to all copies in any form, partial or complete, including copies in storage media and regardless if any copy is merged into other materials. Sections 1, 4, 5, 6, 7, 8 and 9 shall survive any termination of this Agreement.

8. Government Rights. Dash licenses its Software and Data to users within the United States Government and any contractor thereof only under the terms of Dash's standard licensing agreement for commercial end use. Dash hereby identifies the Software and Data, and Customer will identify the Software and Data in all proposals and agreements with the United States Government or any contractor thereof, as follows: (a) For acquisition by or on behalf of civilian agencies, as necessary to obtain protection as "commercial computer software" and related documentation in accordance with the terms of the party's standard software license agreement, as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; (b) For acquisition by or on behalf of units of the Department of Defense ("DoD"), as necessary to obtain protection as "commercial computer software" and "commercial computer software documentation" in accordance with the terms of the party's standard software license agreement, as specified in 48 C.F.R. 227.7202.

9. General. The Software, the Data, the terms of this Agreement and the Third-Party Software or Data that are Tele Atlas North America, Inc. maps are the confidential information of Dash or its licensors, as applicable, and shall not be used other than as set forth herein and shall not be disclosed to any third party. This Agreement shall be governed by the laws of the state of California, without regard to its conflict of law provisions. Each party shall have the right to disclose the relationship between the parties with the prior written consent of the other party, where email shall be deemed an acceptable form of written consent. No waiver, amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided herein, shall be deemed as a waiver of any such right, power or remedy. Either party may assign this Agreement to an entity acquiring substantially all of its assets or merging with it, provided that such assignee agrees in writing to assume all obligations under this Agreement and a copy of such writing is provided to the other party hereunder. Except as set forth above, neither party may assign any of its rights or delegate any of its obligations under this Agreement to any party without the express written consent of the other party. Any attempted assignment in violation of the foregoing shall be void and of no effect. Subject to the above, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Customer acknowledges that the Software and Data contain trade secrets, the disclosure of which would cause substantial harm to Dash that could not be remedied by the payment of damages alone. Accordingly, Dash will be entitled to preliminary and permanent injunctive relief and other equitable relief against Customer for any breach of the terms of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. Customer shall not export the Software or the Data in violation of any export control laws. Any notice, consent or other communication hereunder shall be in writing, and shall be given personally, certified mail or express delivery to either party at their respective addresses, for Customer the address set forth in the registration or download form and for Dash as set forth on Dash's website or such other address as may be designated by written notice of either party. Notices shall be deemed given when delivered or transmitted, or seven (7) days after deposit in the mail. The parties' relationship shall be solely that of independent contractor and nothing contained in this Agreement shall be construed to make either party an agent, partner, joint venturer or representative of the other for any purpose. This Agreement constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, negotiations, agreements and all other communications between the parties with respect to the subject matter hereof.

Location lists, search results, and associated information are for personal use only.

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Third Party Content

    Notice regarding Tele Atlas North America, Inc. maps:

    In the event that any Customer is a government entity, include the following: U.S. GOVERNMENT RIGHTS. If Customer is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data - commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is Tele Atlas North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643.0330. The Tele Atlas are (C) 1984-2007 by Tele Atlas North America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Tele Atlas North America, Inc. maps are a trade secret and a proprietary commercial product and not subject to disclosure.

    If Customer is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then Customer hereby agrees to protect the Tele Atlas North America, Inc. maps from public disclosure and to consider the Tele Atlas North America, Inc. maps exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Tele Atlas North America, Inc. maps. In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Tele Atlas North America, Inc. maps shall be terminated and considered immediately null and void. Any copies of the Tele Atlas North America, Inc. maps held by Licensee shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Tele Atlas North America, Inc. maps shall immediately be destroyed.

    Customer shall not use Tele Atlas Premium POIs (i) to create mailing lists or (ii) for other such similar uses. Customer shall not copy any Tele Atlas North America, Inc. maps.

    Maps copyright 2007 Tele Atlas. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.

    Traffic information provided by Inrix, Inc. and Virginia Department of Transportation. All rights reserved.

    Probe based arterial and freeway traffic provided by Dash Driver Network. All rights reserved.

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Safety Notice

WARNING: PLEASE READ THE GETTING STARTED GUIDE AND INSTALLATION GUIDE COMPLETELY BEFORE INSTALLING OR OPERATING YOUR DASH EXPRESS DEVICE ("PRODUCT"). IMPROPER INSTALLATION OR USE OF THIS PRODUCT MAY CAUSE ACCIDENT, INJURY OR DEATH.

Mounting Product*: Failure to follow these precautions may result in unsafe driving conditions

  • Install Product in a safe place where it does not obstruct the driver's view.
  • Never install the Product so that it obstructs an air bag.
  • Place cables where they do not obstruct driving.
  • Be sure to attach the Product to the mounting arm.
  • Be sure to clean the surface of the suction cup and mounting surface (windshield or mounting disk) before mounting. Confirm that the mounting arm is securely attached to windshield or mounting disk, after installation. If not secure, Product and mounting arm my fall.
  • Do not apply excessive force to Product or mounting arm, as it may fall.
  • If temperature is low, warm up car interior and then install mounting arm. The suction cup may be affected by low and high temperatures or sudden changes in temperature and may come loose from mounting location.
  • If condensation occurs inside the car, wipe windshield before installation, as the suction cup may come off.
  • Never attempt to mount or remove mount while driving.

*SPECIAL NOTE REGARDING DRIVING IN CALIFORNIA and MINNESOTACalifornia Vehicle Code Section 26708 (a) and Minnesota Statutes 2005, section 169.71 prohibit drivers from using suction mounts while operating motor vehicles. Check your local and state laws and regulations for similar restrictions. Dash Navigation, Inc. bears no responsibility for any fines, penalties or damage that may be incurred by disregarding this notice. While driving in California and Minnesota, Dash recommends using a dashboard mounting disk as described in the Installation guide.

Using the Product

  • Observe all traffic rules and regulations, such as one-way streets, or turn restrictions while driving with the route guidance.
  • Comply with all traffic laws and regulations.
  • When navigating, carefully compare information displayed on the Product to all available navigation sources, including information from street signs, visual sightings, and maps.
  • Failure to avoid the following potentially hazardous situations could result in an accident or collision resulting in death or serious injury.
  • Always operate the vehicle in a safe manner. Do not become distracted by the unit while driving, and always be fully aware of all driving conditions.
  • Do not view the screen of the Product while the vehicle is in motion and use voice prompts when possible.
  • Do not input destinations, change settings, or access any functions requiring prolonged use of the unit's controls while driving. Pull over in a safe and legal manner before attempting such operations.
  • The Product is designed to provide you with route suggestions. We cannot guarantee the accuracy of the route, navigation information, road conditions, traffic congestion, weather conditions or other factors that may affect safety or timing while driving.
  • Use the Product only as a navigational aid. Do not attempt to use the Product for any purpose requiring precise measurement of direction, distance, location or topography. This product should not be used for any emergency services.
  • We get our map data from a private data source, which has some inaccuracies or incomplete data. Therefore we can not guarantee the accuracy of the data.

 

Handling Product

  • Do not expose Product to fire, water, rain, snow or sleet as it may cause malfunction.
  • Do not allow any liquid or foreign matter to enter the Product, as it may cause malfunction.
  • Be sure to remove the Product and mount when leaving your car to prevent theft or high temperature damage inside the car.

GPS Information

  • The Global Positioning System (GPS) is operated by the United States government, which is solely responsible for its accuracy and maintenance. The government's system is subject to changes which should affect the accuracy and performance of all GPS equipment, including the Product. Although the Product is a precision navigation device, any navigation device can be misused or misinterpreted and, therefore, become unsafe.
  • GPS information is obtained from satellites and it may be impossible or difficult to obtain information in the some locations, examples are: tunnel or underground, under a highway, between tall buildings, between tall trees and in parking structures.
  • It may take several minutes to receive a GPS signal when turning the Product on.

 

FCC NOTICE
This Product has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This Product generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this Product does cause harmful interference to radio or television reception, which can be determined by turning the Product off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.
  • Increase the separation between the Product and receiver.
  • Connect the Product into an outlet on a circuit different from that to which the receiver is connected.
  • Consult the dealer or an experienced radio/TV technician for help.

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Warranty

Limited Warranty
Dash Express Navigation Hardware Device ("Product")
One year Free Parts and Labor

WHO IS COVERED?
An original or copy of a sales receipt from the original sales retailer is required for warranty service. Online sales auction confirmations are NOT accepted for warranty verification.

WHAT IS COVERED?
Dash Navigation, Inc. ("Dash") warrants that the Product will be free from defects in workmanship and materials under normal use for a period of one year from the original purchase date. During such one year warranty period, the Product will be replaced without charge to you for either parts or labor. This limited warranty covers the replacement of the Product only. Replacement Products may be new, factory reconditioned, refurbished, re-manufactured or functionally equivalent and will be furnished only on an exchange basis. Replacement Products are warranted as above for the remainder of the original applicable Product warranty period.

If the Product is repaired after the warranty period has expired, the warranty period for the repair will expire six (6) months after the date of repair. After one year from the date of the original Product purchase, you will be required to pay for the replacement of all parts, and for all labor and shipping charges.

WHAT IS NOT COVERED?

  • Normal wear and tear of Product use
  • Misuse, accident, moisture, liquids, proximity or exposure to heat, abuse, unauthorized repair, or other cause not within the control of Dash Navigation, Inc.
  • Physical damage to the surface of the Product

Please note that removing the cover of the Product for any reason voids the warranty.

 

HOW TO MAKE A WARRANTY CLAIM
You must contact customer support at 877-500-3274, during the warranty period to explain the defect and to obtain an RMA number (Return Materials Authorization) if necessary. You must return the Product during the warranty period, along with an explanation of the defect, to the address provided to you by customer support.

WARRANTY DISCLAIMERS
EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS DASH EXPRESS LIMITED WARRANTY, DASH EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH, BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCTS FURNISHED BY DASH HEREUNDER. Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you.

LIMITATION OF LIABILITY
NEITHER DASH NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS AND EVEN IF DASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF DASH AND ANY OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Your use of the software embedded in the Product is subject to certain limited license rights. The license and other software specific terms regarding your use of any software embedded in the Product, including, without limitation, warranties with respect to such embedded software, is as set forth in that certain Dash license agreement available at the URL: www.dash.net/policy/license. Dash collects, uses and discloses your personally identifiable information in accordance with the Dash Privacy Policy available at the URL: www.dash.net/policy/privacy.

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