Terms of Service.
NAVI INC. TERMS OF SERVICE AGREEMENT NOTICE
Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the “Website,” or “Site”). Navi Inc. (“Navi, “we”, “us” or “our”) may change the Terms of Service (“Terms”) from time to time. By continuing to access and use this Site, you signify that you have read and understood these Terms and that you agree to abide by them.
General terms & conditions
In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration page and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Navi has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access devices.
By using the navicostcontrol.com website, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, NAVI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER NAVI NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
Navi is the owner of all intellectual property rights in the Site and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Site, and is the copyright owner or licensee of the content and/or information on this Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. Except as specified in the next sentence, nothing in these Terms or the Site grants you any rights in any trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property of Navi or of any third party. You may reproduce materials on this site once for your personal informational uses, but only on the condition that you always acknowledge Navi as the author of those materials, abstain from modifying any such copy or any notices appearing thereon, and use the copy only in compliance with these Terms.
Navi reserves the right to change any information on this Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Site might take you to other websites for which Navi assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to this Website” below.) The content presented at this Site may vary depending upon your browser limitations.
User conduct on the site
While using the Site, you may not:
restrict or inhibit any other user from using and enjoying the Site; or
post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the Canadian export control laws and regulations; or
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Navi) or engage in spamming or flooding; or
post or transmit any information or software which contains a virus, trojan horse, worm or other harmful components; or
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under Canadian copyright laws.
Navi has no obligation to monitor the Site
You acknowledge and agree that Navi has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests, to operate the Site properly, or to protect itself or its customers. Navi will not intentionally monitor or disclose any private electronic-mail message unless required by law. Navi reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, Navi is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to comply with terms and conditions and termination
You acknowledge and agree that Navi may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Navi in its sole discretion believes violate any of the terms and conditions, violate the rights of Navi, or is otherwise inappropriate for continued access.
You acknowledge and agree that Navi may in its sole discretion deny you access through Navi to any materials stored on the Internet, or to access third-party services, merchandise or information on the Internet through Navi, and Navi shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Navi and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
Links from and to this website
You acknowledge and agree that Navi and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Navi or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to Navi’s Site comes from a variety of sources. Some of this information comes from official Navi licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Navi. Navi does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Navi and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
If you provide a link to Navi’s Site on your website, you shall not indicate or suggest that Navi is affiliated with, endorses or sponsors your website or any non-Navi website, entity, service or product and shall not use any Navi trademarks without the express prior written permission of Navi.
Payments
Payment information will be used only to effectuate your order and may be stored securely for purposes of future orders. Navi has executed appropriate contracts with the service providers that prohibit them from using or sharing your personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Choice of Law and Forum.
The laws of Canada and the Province of Ontario govern all matters arising under these Terms. Any proceeding that you bring against Navi in connection with the Site or these Terms, you may bring only in the courts of the Province of Ontario.
The failure of Navi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Miscellaneous
Navi is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
Privacy Policy
Navi values your privacy. This Privacy Policy section (“Policy”) applies to the Website made available by Navi. This Policy applies only to information collected on or through the Website. It does not apply to information collected or obtained by or through any other means (including, without limitation, information collected offline, in person, over the telephone and/or by mail, or from third parties outside the Website).
For information about how Navi collects, uses, and shares your information, please review our Privacy Policy: https://www.navicostcontrol.com/privacy-policy. You agree that, by using the Website, you consent to the collection, use, and sharing (as outlined in the Privacy Policy) of that information (including the transfer of this information to the United States and or Canada for Navi's storage, processing, and use).
If you have questions about these Terms of Service, please contact us at info@navicostcontrol.com, or by mail at:
Navi Cost Control
915-555 Richmond St West
Toronto, Ontario, M5V 3B
P.O. Box 101