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TroutStreamGPS.com Terms of Service

By purchasing and/or downloading one of TroutStreamGPS.com's products, you agree to the following terms of service:

Guarantee

Because electronic files cannot be returned and TroutStreamGPS.com does not have the ability to verify that one of its products has been completely removed from a user's computer, ALL SALES ARE FINAL AND REFUNDS WILL NOT BE ISSUED.

TroutStreamGPS.com will, however, make every resonable effort to help purchasers download and use the product(s) they purchase.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TROUTSTREAMGPS.COM, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS (COLLECTIVELY, "TROUTSTREAMGPS.COM") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE TROUTSTREAMGPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TROUTSTREAMGPS.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL TROUTSTREAMGPS.COM BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE.

Without limiting the foregoing, under no circumstances shall the TroutStreamGPS.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

Upon a request by TroutStreamGPS.com, you agree to defend, indemnify, and hold harmless the TroutStreamGPS.com from all liabilities, claims, and expenses, including attorney's fees that arise from your violation of these Terms of Use or your use or misuse of the Materials or this website. TroutStreamGPS.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TroutStreamGPS.com in asserting any available defenses.

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