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Terms of Use
Copyright © 2005 Trimble Mobile Solutions, Inc. All rights reserved.
[Last updated & effective date: May 5, 2005]
CONDITIONS OF USE
WELCOME TO THE TRIMBLE MOBILE SOLUTIONS ON-LINE STORE! Trimble Mobile Solutions (TMS) provides this service to you/your
organization (“you” or “customer”) subject to the following conditions. If you visit or shop at tmsreplacements.com, you are agreeing to be bound
by all terms, conditions and notices contained or referenced in the currently posted “Terms of Use.” Further, your continued use of this Trimble
Mobile Solutions On-Line Store following the posting of any changes to the Terms of Use (“TOU”) will confirm your acceptance of those
changes. If you do not agree to these Terms of Service please do not use this site and service.
Trimble Mobile Solutions reserves the right to update the TOU at any time with or without notice.
PRIVACY
Please review our Privacy Statement at www.trimble.com/privacy.html to understand our data privacy practices. As mentioned in our Privacy
Statement, this TMSReplacements.com site is hosted by e-commerce service provider, Yahoo!, and online payments are collected and
processed on our behalf by Wells Fargo Merchant Solutions. You may find more comprehensive descriptions of the Yahoo! and Wells Fargo data
privacy policies/procedures and data security system that apply to your use of this site at http://privacy.yahoo.com/privacy/us/ and http://www.
wellsfargo.com/privacy_security/index.jhtml.
TERMS AND CONDITIONS OF SALE AND SERVICE
You understand and agree that your purchases of products and services available for sale through this site are subject to the Trimble Mobile
Solutions On-Line Store Terms and Conditions of Sale at www.tmsreplacements.com/terms_of_sale.html
COPYRIGHT AND OWNERSHIP
All Content included on this site, such as text, graphics, logos, button icons, images, software or any other information or materials (collectively
“Content”) is the property of TMS, its parent Trimble Navigation Limited (“Trimble”), and/or its suppliers and service providers and is protected by
worldwide copyright and other intellectual property rights laws and treaties.
LIMITED LICENSE TO USE SITE AND CONTENT
Subject to your compliance with these Terms of Use, TMS grants you a limited non-exclusive license to access and make personal or internal
business use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of
TMS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings,
descriptions, or prices; and derivative use of this site or its contents; and downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TMS.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page
layout or form) of the Trimble or Trimble Mobile Solution name without express written consent. You may not use any meta tags or any other
“hidden text” using TMS or Trimble names or trademarks without the express written consent of such company. Any unauthorized use
immediately terminates the permission or license granted by TMS.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under your account or password.
TMS and its service providers and affiliates reserve the right to refuse service, terminate accounts, terminate your password and delete any one or
more of your related accounts, and to cancel orders in their sole discretion immediately and at any time. If we cancel your account for any
reason, you agree not to reregister for an account with the Trimble Mobile Solutions On-Line Store without written permission from TMS.
PRODUCT DESCRIPTIONS
Although TMS attempts to be as accurate as possible, TMS does not warrant that product or service descriptions or other Content of this site is
accurate, complete, reliable, current or error-free. If a product offered by the Trimble Mobile Solutions On-line Store itself is not as described,
your sole remedy is to return it in unused condition.
MODIFICATION/REMOVAL OF CONTENT, PRODUCT OFFERINGS AND PRICES; DISCONTINUATION OF SERVICES
TMS reserves the right to modify and remove Content (including product offerings and prices) and to discontinue services available on this site at
any time with or without notice.
RISK OF LOSS
All items purchased from the Trimble Mobile Solutions On-line Store are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier.
USER COMMUNICATIONS; NO MISUSE OF SITE
TMS does not wish to receive confidential or proprietary information from you through our site, except as may be necessary to enable us to
provide products or services requested by you. Please note that other than personal identifying information required for such purposes, use of
which is governed by our online Privacy Statement], any information or communication you transmit or post to this site, and any data, images,
sounds, text, materials and other content embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary.
By submitting User Communications to this Site you: (i) agree that TMS and its designees may disclose, reproduce, display, perform, adapt,
modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, unless TMS has by
another writing agreed to limit its use thereof; (ii) agree that TMS and its designees are free to use any ideas, concepts, know-how or techniques
that you send us for any purpose; and (iii) warrant and represent that the public posting and use of your User Communications by TMS or its
designees will not infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from this site any User Communication that is unlawful, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or that consists of or contains
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-
mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User Communications. TMS has the right but not the
obligation to monitor and edit or remove any activity or User Communications. TMS takes no responsibility and assumes no liability for any User
Communications posted by you or any third party.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
TMS FURNISHES AND YOU ACCEPT THIS SITE AND THE AVAILABLE SERVICES ON AN "AS-IS, AS AVAILABLE" BASIS. TMS MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND EXPLICITLY DISCLAIMS, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT,
REGARDING THE OPERATION OF THIS SITE OR THE INFORMATION, MATERIALS OR OTHER CONTENT, OR PRODUCTS INCLUDED ON
THIS SITE. TO THE EXTENT TMS PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, TMS
ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL TMS OR ANY OTHER PARTY CONTRIBUTING TO THE TRIMBLE MOBILE SOLUTIONS ON-LINE STORE SITE BE
LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS,
LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICE, DAMAGES RESULTING FROM
USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TIMS OR ITS SUPPLIERS AND
SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF YOUR USE OF THIS
SITE.
THE SITE IS NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT TMS OR ANY OTHER PARTY
CONTRIBUTING TO THE TRIMBLE MOBILE SOLUTIONS ON-LINE STORE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
LACK OF PRIVACY OR SECURITY.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
UPON A REQUEST BY TMS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TMS AND THIRD PARTIES CONTRIBUTING TO
THE FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF
SITE AND AVAILABLE SERVICES. TMS 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 AGREE TO COOPERATE WITH
TMS IN ASSERTING ANY AVAILABLE DEFENSES.
INTERNATIONAL
The Trimble Mobile Solutions On-Line Store is administered by TMS from its offices at Chandler, Arizona, in the United States of America. TMS
makes no representation that the Content and product offerings on this site are appropriate or available for use in locations outside the United
States, and accessing them from territories where they are illegal is prohibited. You may not use or export or re-export the Content or products or
any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations.
If you choose to access the site from locations outside the United States, you do so on your own initiative and are responsible for compliance
with applicable local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States
federal law, without reference to “conflicts of laws” provisions or principles. The United Nations Convention on Contracts for the International Sale
of Goods will not apply. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or related to these Terms of Use
or your use of this site shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California;
and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.
GENERAL PROVISIONS
These Terms of Use, along with the Terms and Conditions of Sale www.tmsreplacements.com/terms_of_sale.html, as applicable, constitute the
entire agreement between you and TMS with respect to your use of this site, and supersedes any and all prior agreements, negotiations and
communications (whether written, oral or electronic) between you and TMS with respect to use of this site. No change, modification, or wavier of
the terms and conditions of the TOU, shall be binding on TMS unless made in writing, with TMS's approval. You also may be subject to
additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to the
Trimble Mobile Solutions On-Line Store and site. Any rights not otherwise expressly granted by this Agreement are reserved by TMS. The failure
of TMS to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is
held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
OUR ADDRESS
Trimble Mobile Solutions, Inc.
3650 Concorde Parkway
Suite 150
Chantilly, VA 20151
Tel.- (703)-502-8125
[Last updated & effective date: May 5, 2005]
CONDITIONS OF USE
WELCOME TO THE TRIMBLE MOBILE SOLUTIONS ON-LINE STORE! Trimble Mobile Solutions (TMS) provides this service to you/your
organization (“you” or “customer”) subject to the following conditions. If you visit or shop at tmsreplacements.com, you are agreeing to be bound
by all terms, conditions and notices contained or referenced in the currently posted “Terms of Use.” Further, your continued use of this Trimble
Mobile Solutions On-Line Store following the posting of any changes to the Terms of Use (“TOU”) will confirm your acceptance of those
changes. If you do not agree to these Terms of Service please do not use this site and service.
Trimble Mobile Solutions reserves the right to update the TOU at any time with or without notice.
PRIVACY
Please review our Privacy Statement at www.trimble.com/privacy.html to understand our data privacy practices. As mentioned in our Privacy
Statement, this TMSReplacements.com site is hosted by e-commerce service provider, Yahoo!, and online payments are collected and
processed on our behalf by Wells Fargo Merchant Solutions. You may find more comprehensive descriptions of the Yahoo! and Wells Fargo data
privacy policies/procedures and data security system that apply to your use of this site at http://privacy.yahoo.com/privacy/us/ and http://www.
wellsfargo.com/privacy_security/index.jhtml.
TERMS AND CONDITIONS OF SALE AND SERVICE
You understand and agree that your purchases of products and services available for sale through this site are subject to the Trimble Mobile
Solutions On-Line Store Terms and Conditions of Sale at www.tmsreplacements.com/terms_of_sale.html
COPYRIGHT AND OWNERSHIP
All Content included on this site, such as text, graphics, logos, button icons, images, software or any other information or materials (collectively
“Content”) is the property of TMS, its parent Trimble Navigation Limited (“Trimble”), and/or its suppliers and service providers and is protected by
worldwide copyright and other intellectual property rights laws and treaties.
LIMITED LICENSE TO USE SITE AND CONTENT
Subject to your compliance with these Terms of Use, TMS grants you a limited non-exclusive license to access and make personal or internal
business use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of
TMS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings,
descriptions, or prices; and derivative use of this site or its contents; and downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TMS.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page
layout or form) of the Trimble or Trimble Mobile Solution name without express written consent. You may not use any meta tags or any other
“hidden text” using TMS or Trimble names or trademarks without the express written consent of such company. Any unauthorized use
immediately terminates the permission or license granted by TMS.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under your account or password.
TMS and its service providers and affiliates reserve the right to refuse service, terminate accounts, terminate your password and delete any one or
more of your related accounts, and to cancel orders in their sole discretion immediately and at any time. If we cancel your account for any
reason, you agree not to reregister for an account with the Trimble Mobile Solutions On-Line Store without written permission from TMS.
PRODUCT DESCRIPTIONS
Although TMS attempts to be as accurate as possible, TMS does not warrant that product or service descriptions or other Content of this site is
accurate, complete, reliable, current or error-free. If a product offered by the Trimble Mobile Solutions On-line Store itself is not as described,
your sole remedy is to return it in unused condition.
MODIFICATION/REMOVAL OF CONTENT, PRODUCT OFFERINGS AND PRICES; DISCONTINUATION OF SERVICES
TMS reserves the right to modify and remove Content (including product offerings and prices) and to discontinue services available on this site at
any time with or without notice.
RISK OF LOSS
All items purchased from the Trimble Mobile Solutions On-line Store are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier.
USER COMMUNICATIONS; NO MISUSE OF SITE
TMS does not wish to receive confidential or proprietary information from you through our site, except as may be necessary to enable us to
provide products or services requested by you. Please note that other than personal identifying information required for such purposes, use of
which is governed by our online Privacy Statement], any information or communication you transmit or post to this site, and any data, images,
sounds, text, materials and other content embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary.
By submitting User Communications to this Site you: (i) agree that TMS and its designees may disclose, reproduce, display, perform, adapt,
modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, unless TMS has by
another writing agreed to limit its use thereof; (ii) agree that TMS and its designees are free to use any ideas, concepts, know-how or techniques
that you send us for any purpose; and (iii) warrant and represent that the public posting and use of your User Communications by TMS or its
designees will not infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from this site any User Communication that is unlawful, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or that consists of or contains
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-
mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User Communications. TMS has the right but not the
obligation to monitor and edit or remove any activity or User Communications. TMS takes no responsibility and assumes no liability for any User
Communications posted by you or any third party.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
TMS FURNISHES AND YOU ACCEPT THIS SITE AND THE AVAILABLE SERVICES ON AN "AS-IS, AS AVAILABLE" BASIS. TMS MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND EXPLICITLY DISCLAIMS, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT,
REGARDING THE OPERATION OF THIS SITE OR THE INFORMATION, MATERIALS OR OTHER CONTENT, OR PRODUCTS INCLUDED ON
THIS SITE. TO THE EXTENT TMS PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, TMS
ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL TMS OR ANY OTHER PARTY CONTRIBUTING TO THE TRIMBLE MOBILE SOLUTIONS ON-LINE STORE SITE BE
LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS,
LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICE, DAMAGES RESULTING FROM
USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TIMS OR ITS SUPPLIERS AND
SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF YOUR USE OF THIS
SITE.
THE SITE IS NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT TMS OR ANY OTHER PARTY
CONTRIBUTING TO THE TRIMBLE MOBILE SOLUTIONS ON-LINE STORE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
LACK OF PRIVACY OR SECURITY.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
UPON A REQUEST BY TMS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TMS AND THIRD PARTIES CONTRIBUTING TO
THE FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF
SITE AND AVAILABLE SERVICES. TMS 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 AGREE TO COOPERATE WITH
TMS IN ASSERTING ANY AVAILABLE DEFENSES.
INTERNATIONAL
The Trimble Mobile Solutions On-Line Store is administered by TMS from its offices at Chandler, Arizona, in the United States of America. TMS
makes no representation that the Content and product offerings on this site are appropriate or available for use in locations outside the United
States, and accessing them from territories where they are illegal is prohibited. You may not use or export or re-export the Content or products or
any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations.
If you choose to access the site from locations outside the United States, you do so on your own initiative and are responsible for compliance
with applicable local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States
federal law, without reference to “conflicts of laws” provisions or principles. The United Nations Convention on Contracts for the International Sale
of Goods will not apply. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or related to these Terms of Use
or your use of this site shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California;
and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.
GENERAL PROVISIONS
These Terms of Use, along with the Terms and Conditions of Sale www.tmsreplacements.com/terms_of_sale.html, as applicable, constitute the
entire agreement between you and TMS with respect to your use of this site, and supersedes any and all prior agreements, negotiations and
communications (whether written, oral or electronic) between you and TMS with respect to use of this site. No change, modification, or wavier of
the terms and conditions of the TOU, shall be binding on TMS unless made in writing, with TMS's approval. You also may be subject to
additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to the
Trimble Mobile Solutions On-Line Store and site. Any rights not otherwise expressly granted by this Agreement are reserved by TMS. The failure
of TMS to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is
held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
OUR ADDRESS
Trimble Mobile Solutions, Inc.
3650 Concorde Parkway
Suite 150
Chantilly, VA 20151
Tel.- (703)-502-8125
Mobile Solutions
