Terms and Conditions of Use
Terms and Conditions of Use
Last updated 5th March 2021
Welcome to the Navillus Website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
Agreement. This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.navillusinc.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Navillus upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Ownership. All content included on this site is and shall continue to be the property of Navillus Tile, Inc. dba Navillus Contracting (“Navillus”) or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
Trademarks. www.navillusinc.com and others are either trademarks or registered trademarks of Navillus. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Site Use. Navillus grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Navillus and Navillus may terminate your use of this website at any time.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
User Conduct. There are rules of conduct that you are required to follow when you use the Site. You must not:
“harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site;
use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
“stream catch” (download, store or transmit copies of streamed content);
obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
“flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
circumvent or reverse-engineer the Site or its systems;
restrict or inhibit another user or users from using and enjoying the Site;
manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees;
impersonate any person, including but not limited to other community members or our employees;
use strong, vulgar, obscene or otherwise harmful language;
use racially, ethnically, or otherwise, objectionable language;
infringe any third-party intellectual property right (such as copyrights);
is defamatory (i.e., something that is negative and untrue about another person or entity);
divulge another person’s or entity’s confidential or private information or trade secret;
is fraudulent, unlawful, threatening, harassing, abusive or discriminatory
encourage criminal conduct;
contain any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
contain any virus, malware, spyware or other harmful content or code.
Nondiscrimination. Navillus ensures nondiscrimination and equal employment in all programs and activities in accordance with all federal laws, including Title VI of the Civil Rights Act of 1964.
Indemnification. You agree to indemnify, defend and hold Navillus and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NAVILLUS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL NAVILLUS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Site is for Use in the United States. The Site is hosted in the United States and is intended for users located in the United States. If You are a non-U.S. user of Site, by visiting the Site, using the Services and/or providing Us with any personal, anonymous browsing or non-personal information, User Generated Content, or any other Content, You agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which You reside.
No Endorsement of Links to Other Web Site. Any links to other websites are provided as merely a convenience to You. This Site or any Navillus advertising or promotional materials may provide links or references to other websites but Navillus has not reviewed all of these other websites, have no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Navillus, Navillus does not operate, control or endorse any information, products or services on the Internet in any way. Navillus does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If You decide to access any of these other websites linked to this Site, You do so entirely at Your own risk.
Applicable Law. You agree that the laws of the State of New York without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Navillus or its affiliates.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Navillus to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Navillus must be in writing and signed by an authorized representative of Navillus.
Termination. Your failure to follow the requirements of this Agreement may result in suspension or termination of Your access to the Site, without notice, in addition to Navillus’ other remedies. Navillus further reserves the right to terminate, without notice and in its sole discretion, any user’s access to or use of the Site for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.