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Terms of use

Navico: Terms of Use                                                                                                                                          Updated March 11, 2016

 

Acceptance of Terms

 

By using this site, you acknowledge that you agree to the Terms of Use described below and our Privacy Policy found at [insert URL] incorporated herein by reference. If you do not agree to these terms, do not use this site. Please check these terms periodically for changes. Your continued use of this site after the posting of changes to these terms will mean you agree to abide by those changes.

 

 Navico operates this site from its office within the United States. Navico makes no representations that the materials on this site are appropriate or available for use in other areas of the world. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to this site or use of this site will be governed by and interpreted in accordance with the laws of the State of Oklahoma, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Tulsa County, Oklahoma. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

 

Children Under the Age of 13

 

This site is intended for adults.  No one under age 13 may provide any personal information on this site.

 

 Copyright and Trademarks Notice

 

The information contained within this site such as text, graphics, audio, videos, images, and other material, as well as the domain names, logos, product and service names, slogans, designs, and organization is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Navico or its affiliates, or by the original creator of the material, or by third parties that have licensed their information to Navico, or by other respective owners. Unauthorized use of his information may violate copyright, trademark, and other laws.  Everything on this site is copyrighted. Permission is granted to view, copy, print, and distribute material from this site for personal, informational, non-commercial use only, provided you do not modify the materials and that you retain all copyright notices contained in the materials. You may not use such information and materials contained in this site for any other purpose without written permission from Navico.

 

Prohibited Activities

 

You may not access or use this site for any purpose other than the purpose for which Navico makes it available to you. Navico may prohibit certain activities in connection with this site in our discretion.  These prohibited activities include, without limitation, the following:

 

  • Criminal, tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
  • Advertising to, or solicitation of, any user to buy or sell any products or services, except with the express written approval of Navico.
  • Transmitting chain letters or junk email to other users.
  • Using any information from the site in order to contact, advertise to, solicit to sell any products or services without their prior explicit consent.
  • Engaging in any automated use of the site, such as using scripts to send comments or messages.
  • Interfering with, disrupting, disabling, or creating an undue burden on the site or the networks or services connect to the site including security related features.
  • Copying, reproducing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting  such site information for any other purpose whatsoever without the express written consent of Navico.
  • Using the site in a manner inconsistent with any and all applicable laws and regulations.

 

Export Control  

 

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export this site’s information to countries or persons prohibited under export control laws.  By downloading any of the site’s information, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding import, export, or re-export of this site’s information.

 

Disclaimer of Warranties  

 

You understand that Navico cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NAVICO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

 YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

 NAVICO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 Navico reserves the right to make changes or improvements to its products, programs and services at any time, without incurring the obligation to install such improvements or changes on products previously manufactured, or to discontinue any products, programs, or services without notice.

 

Limitations of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVICO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 Indemnification  

 

You agree to defend, indemnify and hold harmless Navico, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Waiver and Severability  

 

No waiver of by Navico of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Navico to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement  

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Navico with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Links

 

This site may contain links to third-party sites, resources or data. Navico is not responsible for the content of any linked sites. Navico provides these links solely as a convenience to users and does not endorse the companies or contents of any linked sites.  You acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites.