The NAVIGON Web Site ("Web Site") is a service provided by Navigon, Inc. ("Navigon"), subject to your compliance with the terms and conditions ("Terms") set forth below.
This page ("Agreement") states the Terms and Conditions under which you may use this Web Site and/or purchase products from Navigon through the Web Site. Please read this Agreement carefully before accessing or using the Web Site and/or purchasing products through the Web Site. By accessing or purchasing products through the Web Site, you agree to be bound by the terms and conditions set forth below and all applicable laws and regulations. If you do not wish to be bound by these terms and conditions, you may not access, use, or purchase through the Web Site. If you utilize the Web Site in a manner inconsistent with these terms and conditions, Navigon my terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. Navigon my modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modification. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement. Those who choose to access this Web Site do so at their own initiative and are responsible for compliance with applicable local laws.
These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item or licenses offered for sale or use on or via the Navigon website ("Products"). By submitting an order through the Web Site, you accept and are bound by all the Terms and Conditions herin and any amendments and additons to it.
Navigon's Lifetime Traffic Service
Navigon's Lifetime Traffic service is currently available in 68 markets in the U.S. and Canada. Service is only available where Total Traffic Network RDS-TMC coverage exists. Coverage areas can expand or change without notice. Service is available for the life of the product as long as coverage exists. Navigon's Lifetime Traffic is a standard feature on both the 7100 and 5100 models. An additional accessory purchase is required to activate the service on NAVIGON 2100/2120 products.
Prices, Orders and Delivery
a) The quoted prices and tenders are subject to change and Products are subject to availability at any time prior to Navigon's acceptance of your order. Shipping charges (if any) will apply in addition to the price indicated on the website. You are responsible for any local taxes, other taxes, and government levies, in any associated with the order.
b) Navigon reserves the right to reject any orders, in part or in full. All orders for Products are subject to stock availability.
c) Delivery of products to a common carrier at Navigon's principal place of business or at any other loading point specified by Navigon, shall constitute delivery to you ("Delivery") and the risk of loss for damage will pass to you at that moment. If you refuse delivery, or are responsible for any shipment delay, all further risk of loss or damage as well as costs for handling, transportation and storage shall be borne by you.
d) If delivery to you should fail, Navigon reserves the right to dissolbe the purchase agreement and refund any monies paid.
e) Navigon shall not be liable for any damage as a result of any delay or failure to deliver due to any cuase beyond Navigon's reasonable control.
f) Unless otherwise specified on the face hereof, the terms of payment of the total invoice price for the Products ordered hereunder shall be within fourteen (14) days after Delivery. In case of partial Delivery, Navigon may invoice you and you shall make payment for teh value of such partial Delivery.
g) Overdue amounts shall bear a deliquency charge of interest at eighteen percent (18%) per annum or the maximum rate permitted by law.
Cancellation
If you fail to accept Delivery or make any payment when it becomes due, then at Navigon's sole option Navigon may defer or cancel any further deliveries or services and treat the contract between you and Navigon as terminated, but such termination shall be without prejudice to Navigon's right to any unpaid price for Products delivered or cost of work done and to damages for loss suffered in consequence of such termination. Following Navigon's acceptance of the order, the same may not be cancelled by you without Navigon's written consent.
TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE
Use of Material
Navigon provides users with access to certain online resources, including a system for purchasing Navigon products. The contents of this Web Site, including products, text, graphics, images, audio, video and other material as well as the domain names, tagline, organization and user look-and-feel of this Web Site (collectively, the "Material"), are protected copyright, trademark and other such laws under both United States and foreign laws, and are owned or controlled by Navigon or by third parties that have licensed their Material to Navigon. Unauthorized use of the material may violate copyright, trademark and other laws.
You may print and download portions of the Material from the different areas of the Web Site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Web Site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Navigon. You agree not to change or delete any proprietary notices from materials downloaded from the Web Site. Except as expressly provided, Navigon does not grant any express or implied right to you under any patents, copyrights, trademarks, or other secret trade information.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
The Material may contain inaccuracies or typographical errors. Navigon makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site may be provided by third parties and Navigon shall not be held responsible for any such Material provided by third parties.
You understand that, except for the Material clearly identified as being supplied by Navigon, Navigon does not operate, control or endorse any information, products or services on the Internet in any way. Except for Navigon-identified Material, all information, products and services offered through the Web Site or on the Internet generally are offered by third parties that are not affiliated with Navigon. You also understand that Navigon cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of lost data.
The Web Site may contain links to third party web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Navigon of the contents on such third-party web sites. Navigon is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
NAVIGON DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, NAVIGON IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NAVIGON AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. NAVIGON AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. NAVIGON HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
In no event will Navigon be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Web Site, or any information, or transactions provided on the Web Site or downloaded or hyperlinked from the Web Site, even if Navigon or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Web Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Navigon's liability is limited to the greatest extent permitted by law.
Indemnification. You agree to indemnify, defend and hold harmless Navigon, its officers, directors, employees, agents, licensors, suppliers, retailers and any third-party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Third Party Rights. The provisions of Navigon's Liability and Indemnification are for the benefit of Navigon and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
User Information. Navigon may use the information it obtains relating to you, including, but not limited to, your Internet Protocol ("IP") address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third-parties for such purposes, strictly subject to the privacy specifications set forth in Navigon's Privacy Statement. You agree to grant to Navigon a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Web Site (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to Navigon the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Navigon for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Miscellaneous. All legal issues arising from or related to the use of the Web Site and sale of products shall be construed in accordance with and determined by the laws of the State of Illinois including, but not limited to, all contracts entered in to or performed without respect to conflict of laws and principles.