Terms of Use

Please read the following terms of use and disclaimers carefully before using this WEBSITE (the "Site").

These Terms of Use (these “Terms of Use”) apply to the website of Navien Canada, Inc. (“NAVIEN”), located at www.navieninc.com, and all other associated websites linked to www.navieninc.com by NAVIEN, its subsidiaries and/or its affiliates (the “Site”). The Site is created and operated by NAVIEN from its office in Ontario, Canada. These Terms of Use are intended to set forth the terms and conditions with respect to your access or use of the Site and any information contained on the Site.

Throughout the Site and these Terms of Use, the words “we”, “us” and “our” refer to NAVIEN. NAVIEN offers the Site, including all information, tools and services available from the Site to you, “the user” or “you”, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

Please read the Terms of Use carefully before accessing or using the Site. Your use of the Site shall be deemed to be your agreement to each of the terms stated herein and all applicable laws set forth below. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Any new features or tools which are added to the Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on the Site. We reserve the right to update, change or replace any part of the Terms of Use by posting updates and/or changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

I. Proprietary Information
All text, graphics, visual interfaces, photographs, documents (such as manuals), artwork and computer code (the "Materials"), including, but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials, contained on the Site is owned, controlled or licensed by or to NAVIEN (the “Proprietary Information”), and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, including international law and the laws of the State of California and the laws of Republic of South Korea. You acknowledge that your access to or use of the Site any Materials does not transfer ownership of the Proprietary Information to you or constitute a license to any of the Proprietary Information.

NAVIEN grants you the limited right to display the Materials only on your personal electronic device for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of NAVIEN.

You may use information on NAVIEN products and services (such as operating manuals, warranty cards, articles and other similar materials) made available by NAVIEN for downloading from the Site, provided that you: (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial information purposes and do not copy or post such information on any networked computer or broadcast in any media; (iii) make no modifications to any such information; and (iv) not make any additional representations or warranties relating to such information or documents, as related to the products or services of NAVIEN.

Unless otherwise agreed by NAVIEN in writing, you may not engage in any “mirroring” activity to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, including, copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting or distributing in any way the part of the Site or the Materials.

ONLINE VENDORS, DISTRIBUTORS OR RETAILERS ARE PROHIBITED FROM POSTING ANY NAVIEN MANUALS, WARRANTY, DOCUMENTS OR INFORMATION THAT IS FOUND ON THE SITE, WITHOUT NAVIEN’S EXPRESS PRIOR WRITTEN CONSENT.

II. Accuracy, Completeness and Timeliness of Information
You acknowledge that the Site may include certain inaccuracies or typographically errors, which may affect the quality of Materials and third-party content. NAVIEN is not responsible for any information made available on the Site that is not accurate, complete or current.

III. Prohibited Use of the Site
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using or accessing the Site or any content contained therein:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites or the Internet;

(h) to collect or track the personal information of others;

(i) to use any “deep-link,” “page-scrape,” “robot,” “spider” or automatic device, program, algorithm or methodology, or any similar equivalent manual process, to access, acquire, copy or monitor any portion of the Site or the Materials, or in any way reproduce or circumvent the navigational structure of the Site to obtain any Materials, documents, or information through any other means intended to achieve the same purpose; or

(j) to attempt to gain unauthorized access or circumvent the security features relating to any portion or feature of the Site, or any other systems or networks connected to the Site or to any NAVIEN server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

NAVIEN reserves the right to terminate your use of the Site or any related website and the services offered through the Site for engaging in any of the prohibited uses.

NAVIEN’s obligations, if any, about NAVIEN products or services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

IV. Links to Third-Party Sites
The Site may contain links to other third-party websites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to our users. The Linked sites are not under NAVIEN’s control, and NAVIEN is not responsible for and does not endorse the content of the Linked Sites, including any information or materials contained in the Linked Sites.

NAVIEN is not responsible for examining or evaluating the content or accuracy contained on the Linked Sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties offered through the Linked Sites.

We are not liable for any harm or damages related to the purchase or use of products, goods, services, resources, content, or any other transactions made in connection with the Linked Sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party offerings should be directed to the third-party.

V. Disclaimers
NAVIEN DOES NOT PROMISE THAT THE SITE, THE USER’S ONLINE EXPERIENCE OR ANY MATERIALS, SERVICE OR FEATURE OF THE SITE OR THE USER’S ONLINE EXPERIENCE 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 SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NAVIEN CANNOT ENSURE THAT ANY DOCUMENTS, MANUALS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

NAVIEN DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NAVIEN 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 SITE OR YOUR ONLINE EXPERIENCE AND/OR ANY NAVIEN SERVICES, PRODUCTS OR MATERIALS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NAVIEN FOR DISSATISFACTION WITH THE SITE OR ANY MATERIALS IS TO STOP USING THE SITE OR ANY SUCH MATERIALS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies, but is not limited to, any damages, liability or injuries suffered by you that were 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 your personal information or unauthorized access to, alteration of or use of the Site, which arises during the course of your access to or use of the Site, whether for breach of contract, tort, negligence or any other cause of action. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.

NAVIEN reserves the right to do any of the following, at any time, without notice to you: (i) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion of the Site, for any reason; and (iii) to interrupt the operation of the Site, or any portion of the Site, for any reason, including but not limited to, as necessary to perform routine or non-routine maintenance, error correction or other changes.

VI. Information Submitted by Users
Should any user of the Site respond with information, including personal information and feedback data such as questions, comments and suggestions regarding the content of any portion of the Site, such information shall be deemed to be non-confidential. NAVIEN shall have no obligation of any kind concerning such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, NAVIEN shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.

NAVIEN may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any user’s intellectual property or these Terms of Use.

You agree that any information submitted to the Site will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any information you submit to the Site will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site.

VII. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall NAVIEN, its parent, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, venders, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy be liable to you, your heirs, successors and assigns or any third-party for any non-pecuniary, pecuniary, indirect, special, incidental, compensatory, exemplary, punitive or consequential damages arising from or indirectly related to:

(a) your access to or use of, or inability to access or use, the Site or Material;

(b) unauthorized access to or loss, corruption or alteration of your information, data, transmissions, content or other information;

(d) statements or conduct of any third-party using or advertised on the Site;

(e) the acts or omissions of any third-party using or integrating the Site or Materials; or

(f) any other matter relating to your access to or use of the Site and Materials, including without limitation, loss of revenue, anticipated profits, goodwill, lost business, use, data, sales, cost of substitute services, or other intangible losses or losses of other economic advantages, even if NAVIEN has been advised of the possibility of such damages.

VIII. INDEMNIFICATION
You agree to indemnify, defend and hold harmless NAVIEN and its parent, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, venders, fulfillment and carrier partners, insurers, successors, agents, assignees and trustee in bankruptcy harmless from any claim or demand, including legal fees on a solicitor-client basis, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

IX. GOVERNING LAW

Any action related to these Terms of Use will be governed by the laws of the Province of Ontario and the laws of Canada to resolve any interpretations or dispute arising from these Terms of Use and any conflicts that arise from this Site. You expressly agree to attorn to the exclusive jurisdiction of the Courts of Ontario.

X. Changes to Terms of Use
NAVIEN may make improvements and changes to the Materials, products or services described in the Site, if any, at any time and without notice to you, and you agree that NAVIEN can revise these Terms of Use at any time without notice by updating this webpage. Your continued use of the Site after such modifications have been made to the Site constitutes your acceptance of such revised Terms of Use.

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