Terms and Conditions
By visiting, or using any of the products or services offered by NavSeeker.com (hereinafter, referred to as ‘Website’), you hereby agree and accept to be legally bound by the provisions of this Terms of Use Agreement (hereinafter, referred to as ‘Agreement’) and any dispute arising hereunder shall be subject to the laws and jurisdiction of the Courts of Tempe, Arizona, United States of America without regard to conflicts of law provisions. This Website is owned, managed, and operated by NavSeeker having its principal place of business at 60 E Rio Salado Parkway, Suite 900 Tempe, Arizona 85281, United States.
If you find any clause, sub-clause or provision contained in this Agreement unacceptable, immediately cease all the usage of the Website.
This Agreement is subject to modifications or alterations at any time for any reason without notice at the sole discretion of NavSeeker. Such modifications or alterations shall immediately come into operation upon posting on this page. The use of this Website, and the products or services provided through this Website, shall be subject to the updated provisions of this Agreement. Your continued use of this Website signifies your implicit consent to abide by all such modifications and alterations, when posted.
EligIbilty
The minimum age for registering on this Website is 13 years. By registering on this Website, you are representing that you are at least 13 years old, and that if you are under 18 years of age, you have your parent’s consent before using the Website. If you are a parent with a child below 18 years of age, you may consider using commercially available Parental Control Systems, like hardware, software, or filtering services, which can assist you to limit access to online material that is harmful to minors. NavSeeker reserves the right to place appropriate age restrictions on the sale of any of the products and services available for sale on this Website.
General Terms
The users understand and agree that their conduct on this Website shall be in accordance with the sub-clauses contained hereunder –
- No illegal use of this Website, whether directly or indirectly, is permissible in any manner whatsoever. The users agree to abide by all applicable local, state, national, and international laws and regulations. In this regard, the users shall be solely responsible for all acts or omissions that occur under their Username, including but not limited to the content of any communications that are made using the services provided or through this Website.
- No activity that infringes any of the clauses, sub-clauses, or provisions of this Agreement is permissible.
- No user is allowed unauthorized commercial usage of this Website or the servers supporting this Website in any manner whatsoever.
- The products and/or services sold on or through this Website may contain some additional Terms of Use. The user conduct of such products and/or services shall be governed by such additions Terms of Use in addition to this Agreement, and in case of an irreconcilable inconsistency between the Additional Terms of Use and this Agreement, the Additional Terms of Use shall prevail.
- NavSeeker reserves the right to make any changes to any products or services offered on this Website, or to the applicable prices of any such products or services, at any time, without prior notice.
- The users may not attempt to gain unauthorized access to any portion or feature of this Website, or any other systems or networks connected to this Website or any of its servers by any means whatsoever.
- You agree not to use any device or software to interfere or attempt to interfere with the proper functioning of this Website.
- You shall not misrepresent any detail about yourself or impersonate any other individual or entity during your interactions with any of the features available on or through this Website.
- This Website is available freely throughout the world. However, if the users access this Website from outside the United States of America, they do so on their own initiative and are solely responsible for complying with the applicable local and national laws.
Account And Password
Every registered user of this Website may be assigned a unique Username and a Password. To access the services offered to the registered users by this Website, the Username and Password must match. The users shall be solely responsible and liable –
- to provide accurate and complete information about themselves and to maintain and update their information;
- for maintaining the confidentiality of their password;
- for using the account, username, or password of another user, at any time;
- for all uses of their account, whether authorized or unauthorized; and
- to notify NavSeeker immediately, if they suspect any unauthorized use of their account or access to their password.
Proprietary Rights In Content
The content on this Website is the exclusive property of NavSeeker. All such content is protected by the domestic and international legislations pertaining to Intellectual Property, including but not limited to copyright, trademark, patent, trade secret, designs, logos, etc., and NavSeeker owns and retains all rights in the content contained on this Website. NavSeeker hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the NavSeeker.com content solely for your personal use in connection with viewing NavSeeker.com and using the features offered on NavSeeker.com.
Trademarks And Copyright Policy
The Trademarks (including trade marks, service marks, and logos) displayed on this Website, whether registered or unregistered, are the exclusive intellectual property of NavSeeker. Unless a written consent is obtained from NavSeeker or any of its authorized personnel, no express or implied permission is granted to the users of this Website to use, in any manner whatsoever, the registered or unregistered trademarks of NavSeeker as contained on this Website.
Unless otherwise mentioned, all the information, data, or material available on this Website in readable or downloadable format is protected by the domestic and international copyright legislations, treaties, rules, and byelaws, and may only be used strictly in accordance with the provisions contained herein. Unless a written consent is obtained from NavSeeker or any of its authorized personnel, no express or implied permission is granted to the users of this Website to use, in any manner whatsoever, the copyright-protected content on this Website. NavSeeker reserves the right to seek any and all remedies available under law, or under equity, if any user is found to indulge in any kind of copyright violation pertaining to this Website. NavSeeker does not warrant or represent that your use of materials displayed on this web site will not infringe rights of third parties who are not owned or affiliated with NavSeeker.
Without limiting the foregoing, if you believe that your rights are being infringed on this Website in a way that constitutes copyright infringement, you may notify us. We will require the following information, consistent with the Digital Millennium Copyright Act (DMCA), to redress the complaint effectively –
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that, you claim, has been infringed
- a description where the material that, you claim, is infringing is located on NavSeeker.com;
- your address, telephone number, and email address;
- a written statement to the effect that you are acting in good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law;
- a statement to the effect made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
NavSeeker Copyright Agent for notice of claims of copyright infringement can be reached at:
Copyright Agent,
60 E Rio Salado Parkway, Suite 900
Tempe, Arizona 85281
United States
Attn: Copyright Agent
Email:legal@navseeker.com
Privacy
The use of the features and services offered on or through this Website is governed by our Privacy Policy, which may change from time to time.
Indemnity
You agree to indemnify and hold NavSeeker.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of NavSeeker.com, your connection to NavSeeker.com, your violation of this Agreement, your violation of any rights of another, or any other loss suffered by NavSeeker on account of your direct or indirect conduct on or through NavSeeker.com.
Limitation On LiaBbility
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL NAVSEEKER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NAVSEEKER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAVSEEKER.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NAVSEEKER.COM FOR THE PRODUCTS OR SERVICES PURCHASED FROM OR THROUGH THIS WEBSITE.
External Links
NavSeeker.com may contain links to other websites that may belong to its affiliates, promoters, partners, or advertisers. We do not regulate or monitor or endorse the content on these linked websites. NavSeeker disclaims your communications or subsequent transactions with these linked websites, including payment and/or delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings. You expressly agree that NavSeeker shall not be responsible or liable for any loss or damage incurred as a result of any such transaction or as a result of the presence of such links on NavSeeker.com.
US Export Controls
The products and/or services available on or through this Website are subject to United States export controls as laid down under relevant applicable laws. No product or service may be purchased or otherwise exported or re-exported on or through this Website in violation of US export laws. Using such products or services is at your sole risk.
Disclaimers
- NavSeeker take ample precautions to ensure accuracy of the content available on NavSeeker.com. However, we shall not be liable for any incorrect or inaccurate content on the Website or in connection with the products and/or services purchased on or through this Website;
- NavSeeker assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to this Website;
- NavSeeker.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from using or downloading materials in connection with this Website;
- NavSeeker.com disclaims any liability for any damages to your computer or other equipment, or for any effects of viruses or other malware that may affect your computer or other property, related to your access to or use of this Website, or related to your downloading of any materials, data, text, images, video, or audio from this Website;
- NavSeeker.com is provided on an “as is and as available” basis, and NavSeeker disclaims any warranty of fitness for a particular purpose or non-infringement;
- NavSeeker.com cannot and does not guarantee any specific results from use of this Website;
- No advice or information, whether oral or written, obtained by the users from NavSeeker.com shall create any warranty not expressly stated in this Agreement.
- NavSeeker reserves the right to modify, suspend or terminate the content or operation of or access to this Website, or any portion of this Website, for any reason at any time, without notice. Further NavSeeker reserves the right to interrupt the operation of this Website, or any portion of this Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Miscellaneous Provisions
The failure of NavSeeker to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement, and does not affect the validity and enforceability of any remaining provision(s).
Last updated May 03, 2009
© 2009 NavSeeker LLC. All rights reserved