”) carefully because they govern your use of the website located at www.narvar.com
(and each of its subdomains) and any other websites or portals operated or offered by Narvar, Inc. (“Narvar
”), including those through which Narvar provides applications, data, information, and services to its customers (the “Sites
Agreement to Terms.
By using our Sites, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Sites. Unless you and Narvar have entered into a separate written agreement, these Terms constitute the entire and exclusive agreement between Narvar and you regarding the Sites, the content contained on the Sites, and the services accessible through the Sites.
03Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Sites or through other communications.
We may make available through the Sites content that is subject to intellectual property rights. We retain all rights to that content. We grant you permission to display, copy, distribute and download the content and materials on this Sites for personal, noncommercial use only, provided you do not modify the content and materials and that you retain all copyright and other proprietary notices contained in the content and materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any content or material on the Sites for public or commercial use without prior written approval of Narvar. All rights not expressly granted are reserved by Narvar.
You may not: (a) use, display, mirror or frame the Sites or any content on the Sites, Narvar’s name, any Narvar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Narvar’s express written consent; (b) access, tamper with, or use non-public areas of the Sites; (c) attempt to probe, scan or test the vulnerability of the Sites or breach any security or authentication measures; (d) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Narvar or Narvar’s providers to protect the Sites; (e) attempt to access or search any content on the Sites or download content from the Sites using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third-party web browser; (f) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites; or (g) encourage or enable any other individual to do any of the foregoing.
Links to Third Party Websites or Resources.
The Sites may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
THE SITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Sites.
IF YOU ARE USING THE SITES TO PROCESS PACKAGE SHIPMENT (E.G., A RETURN) TO A NARVAR CUSTOMER, YOU EXPRESSLY ACKNOWLEDGE THAT NARVAR IS NOT THE CUSTODIAN OF THE SUBJECT PACKAGE. NARVAR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL LOST, STOLEN OR DAMAGED PACKAGES, AS WELL AS ANY FAILURE TO COMPLY WITH CARRIER RESTRICTIONS. WE ARE NOT A PARTY TO ANY TRANSACTION(S) BETWEEN YOU AND OUR CUSTOMER.
You will indemnify and hold Narvar and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Sites or their content, or (b) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NARVAR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, COMPUTER DAMAGE OR SYSTEM FAILURE S OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NARVAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL NARVAR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITES EXCEED ONE HUNDRED DOLLARS ($100).
. If any action is necessary to enforce these Terms, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses (regardless of whether such costs and expenses are otherwise recoverable) in addition to any other relief to which such prevailing party may be entitled.
. You agree that any breach of these Terms may cause Narvar to incur irreparable harm and significant injury that would be difficult to ascertain and would not be compensable by damages alone. Accordingly, you agree that, in addition to any other rights and remedies that Narvar may have at law or otherwise with respect to such a breach, Narvar will have the right to seek specific performance, injunction or other appropriate equitable relief.
Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Sites or content contained on the Sites will be the state and federal courts located in San Francisco, California, and you and Narvar each waive any objection to jurisdiction and venue in such courts.