SCOPE
By accessing and using
this site, you accept the following Terms and Conditions of Use (“TOU”),
without limitation or qualification.
While this Privacy
Policy applies to all our Services, we also have provided certain specific
privacy supplements that contain additional information about our practices in
connection with particular Services. These supplements apply to your use of the
Services they cover. Additional consent will be obtained for certain data
processing activities.
Part Distribution LLC
(DBA Navanty) (“Navanty”), reserves the right to update the TOU at any time
without notice to you. The most current version of the TOU can be reviewed by
clicking on the “Terms of Use” hypertext link located on the Navanty Website
pages.
These Terms and
Conditions of Use (the “Terms of Use”) apply to the Navanty web site located at
www.Navanty.com, and all associated sites linked to www.Navanty.com by Navanty,
its subsidiaries and affiliates (collectively, the “Website”). The Website is
the property of Part Distribution LLC (DBA Navanty). BY USING THE Website, YOU
AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
ACCEPTANCE OF TERMS
Your access and use of
the Navanty Website is subject to and governed by these Terms of Use, also
referred to as “TOU”, including any additional or different disclaimers, legal
notices, agreements, or terms and conditions that may apply to Your use of or
access Website, Navanty Materials, or User Content. If there is a conflict
between the terms in this TOU and any additional legal terms, the additional
legal terms shall control. This TOU forms a legally binding agreement between
You and Navanty. Please note that this TOU does not govern the use of any cloud
solutions provided by Navanty and for which You are required to enter into a
separate agreement and use of any data provided by you to Navanty shall be
governed by our Privacy
Policy .
CONTENT
Throughout this
Website, Navanty provides you with access to a variety of resources, which may
include upload and download areas, communication forums and information, and
limited Navanty services as described below (collectively “Website Services”).
The Website Services, including any updates, enhancements, new features, and/or
the addition of any new web properties, are subject to these TOU.
All text, graphics,
user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code (collectively, “Content”), including but not
limited to the design, structure, selection, coordination, expression, “look
and feel” and arrangement of such Content, contained on the Website is owned, controlled
or licensed by or to Navanty, and is protected by trade mark, copyright, patent
and trademark laws, and various other intellectual property rights and unfair
competition laws.
INTELLECTUAL PROPERTY
RIGHTS
Except as expressly
provided in these Terms of Use, no part of the Website and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to
any other computer, server, Web site or other medium for publication or
distribution or for any commercial enterprise, without Navanty’s express prior
written consent.
You may use
information on Navanty products and services (such as data sheets, knowledge
base articles, and similar materials) purposely made available by Navanty for
downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
The pages and content
on this website are subject to protection under applicable copyright and
trademark laws, and all copyright information, trademarks and logos must remain
intact. Navanty grants you a non-exclusive, limited permission to access and display
the pages on this Website as a current or potential customer, vendor, or
partner of Navanty, or for non-commercial research purposes, provided you
comply with these Terms of Use. All other use of this Website is prohibited.
Your failure to comply
with such terms or any of the terms on this website will result in automatic
termination of any rights granted to you, without prior notice, and you must
immediately destroy all copies of downloaded materials in your possession,
custody or control. You may not use, reproduce, or distribute any of the
copyrighted material, trademarks, logos, graphics, sounds, videos, images, or
other proprietary content on this website without the express written
permission of Navanty.
DISCLAIMERS
NAVANTY DOES NOT
PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE
ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT
YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT
ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED
ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NAVANTY CANNOT ENSURE THAT
ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES. NAVANTY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAVANTY DISCLAIMS ANY AND
ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE
REMEDY AGAINST NAVANTY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS
TO STOP USING THE WEBSITE OR ANY SUCH CONTENT
The above disclaimer
applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action.
INDEMNITY
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NAVANTY BE LIABLE TO ANY PARTY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY
USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR
ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO,
ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF
PROGRAMS OR OTHER DATA, EVEN IF NAVANTY IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES
OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL
THEORIES.
You agree to indemnify
and hold Navanty, its officers, directors, shareholders, predecessors,
successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including
attorneys’ fees), made against Navanty by any third party due to or arising out
of or in connection with your use of the Website.
RESTRICTION ON USE
Navanty may disclose
any information we have about you (including your identity) if we determine
that such disclosure is necessary in connection with any investigation or
complaint regarding your use of the Website, or to identify, contact or bring
legal action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) Navanty’s rights or property, or the
rights or property of visitors to or users of the Website, including Navanty’s
customers. Navanty reserves the right at all times to disclose any information
that Navanty deems necessary to comply with any applicable law, regulation,
legal process or governmental request. Navanty also may disclose your
information when Navanty determines that applicable law requires or permits
such disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and
agree that Navanty may preserve any transmittal or communication by you with Navanty
through the Website or any service offered on or through the Website, and may
also disclose such data if required to do so by law or Navanty determines that
such preservation or disclosure is reasonably necessary to (1) comply with
legal process, (2) enforce these Terms of Use, (3) respond to claims that any
such data violates the rights of others, or (4) protect the rights, property or
personal safety of Navanty, its employees, users of or visitors to the Website,
and the public.
You agree that Navanty
may, in its sole discretion and without prior notice, terminate your access to
the Website and/or block your future access to the Website if we determine that
you have violated these Terms of Use or other agreements or guidelines which
may be associated with your use of the Website. You also agree that any
violation by you of these Terms of Use will constitute an unlawful and unfair
business practice, and will cause irreparable harm to Navanty, for which
monetary damages would be inadequate, and you consent to Navanty obtaining any
injunctive or equitable relief that Navanty deems necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies Navanty
may have at law or in equity.
You agree that Navanty
may, in its sole discretion and without prior notice, terminate your access to
the Website, for cause, which includes (but is not limited to) (1) requests by
law enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material modification
of the Website or any service offered on or through the Website, or (4)
unexpected technical issues or problems.
If Navanty does take
any legal action against you as a result of your violation of these Terms of
Use, Navanty will be entitled to recover from you, and you agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to any other
relief granted to Navanty. You agree that Navanty will not be liable to you or
to any third party for termination of your access to the Website as a result of
any violation of these Terms of Use.
Governing Law; Dispute
Resolution
You agree that all
matters relating to your access to or use of the Website, including all
disputes, will be governed by the laws of India without regard to its conflicts
of law’s provisions. You agree to the personal jurisdiction by and venue of the
courts in Mumbai, and waive any objection to such jurisdiction or venue. Any
claim under these Terms of Use must be brought within one (1) year after the
cause of action arises, or such claim or cause of action is barred. No recovery
may be sought or received for damages other than out-of-pocket expenses, except
that the prevailing party will be entitled to costs and attorneys’ fees. In the
event of any controversy or dispute between Navanty and you arising out of or
in connection with your use of the Website, the parties shall attempt, promptly
and in good faith, to resolve any such dispute. If we are unable to resolve any
such dispute within a reasonable time (not to exceed thirty (30) days), then
either party may submit such controversy or dispute to mediation. If the
dispute cannot be resolved through mediation, then the parties shall be free to
pursue any right or remedy available to them under applicable law.