Terms of Use
Terms of Use
website terms of use

NOTE: BY USING THIS WEBSITE, YOU WILL BE ACCEPTING THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

This Website (the "Website") is operated by Navis, a Zebra Technologies Company, located at 1000 Broadway, Suite 150, Oakland, California 94607; telephone (510) 267-5000; fax (510) 267-5100.

Navis may from time to time unilaterally amend the Terms of Use by posting the revised language on the Website. The amendment will become effective at the time of such posting. Your continued use of the Website after amendments are posted will constitute acceptance of such amendments. We may at any time modify or discontinue any aspect or component of the Website.

  1. Use of Website
    • a. Through the Website, Navis provides information and services to the marine container terminal industry. Navis grants to you a revocable, nontransferable, nonexclusive license to use the Website solely for your internal purposes and pursuant to these Terms of Use. You may view and download material displayed on the Website, provided that you retain all copyright, trademark and other proprietary notices displayed on the materials. Except for the alteration of materials that you post in authorized areas, you may not alter or interfere with the content or functioning of the Website, or "mirror" any content contained on this Website on any other server. If you post any such materials, you grant Navis a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to any content that you post and that use of your content by Navis will not infringe upon or otherwise violate the rights of any third party. If you breach any of the Terms of Use, your right to use the Website will terminate automatically.
    • b. Except as otherwise specifically provided in these Terms of Use, any information provided, communicated, posted or transmitted by you in connection with this Website shall be deemed non-confidential and non-proprietary information. Navis shall have no obligation with respect to such information. You agree to indemnify and hold Navis harmless for any and all such information provided, communicated, posted, or transmitted to or from this Website.
  2. Copyrights
    • a. All content included on the Website, including text, graphics, logos, button icons, images, audio clips, and software, is the copyrighted property of Navis or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Navis or other copyright owner, as the case may be, and may in no case be used for purposes of competing with Navis.
    • b. As a service provider under the Digital Millennium Copyright Act, Navis is not liable for any direct, vicarious, contributory, or other infringement of copyrights arising out of content included by other users of this Website. If you believe that material included on this Website infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. It is the policy of Navis to terminate the access of repeat infringers to the Website. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Navis designates an agent for receipt of notifications of claimed copyright infringement as described below:

    Legal name and address of service provider:
    Navis
    1000 Broadway, Suite 150
    Oakland, California 94607
    USA

    Name(s) under which service provider does business:
    Navis

    Designated Agent and Contact Information:
    Raymond M. Taketa
    Chief Administrative Officer and General Counsel
    1000 Broadway, Suite 150
    Oakland, California 94607
    USA
    Telephone: (510) 267-5000
    Facsimile: (510) 267-5100
    Email: rtaketa@navis.com

  3. Trademarks
    • a. The trademarks, tradenames, service marks and logos ("Trademarks") used and displayed on this Website are registered and unregistered Trademarks of Navis and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of Navis or other Trademark owner, as the case may be.
    • b. Navis is not responsible for infringement of Trademarks arising out of content included by other users of this Website. If you believe that material included on this Website infringes such rights, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material.
  4. Linking, Framing, Bots, and Spiders
    • a. The Website may from time to time display links to websites sponsored by third parties. If you click on one of these links or sites, you will be leaving the Navis Website. Navis is not responsible for the content or operation of third-party sites reached by virtue of such links, and the presence of such links does not imply that Navis endorses or is affiliated with such sites or third parties.
    • b. Third parties are authorized to include active links on websites they control directing a browser to the Navis Website's "home page" at http://www.navis.com; provided, that any use of Navis' Trademarks in such links will be subject to Navis' policies regarding Trademark usage. Navis does not authorize "deep linking" to interior pages on the Navis Website. The Navis Website may not be linked to in such a way that the pages of the Website are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the Navis Website. No links to the Navis Website will imply an endorsement, agency, joint venture, or similar relationship between Navis and any third party.
    • c. No user or other third party is authorized to use bots, spiders, or other automated information-gathering devices or programming routines to "mine" information displayed on the Website, for display on or use with a website or service sponsored by a third party.
  5. Termination

    In its sole and absolute discretion, Navis may with or without notice restrict or terminate any person's use of the Website. Any termination of this Agreement will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.

  6. Disclaimer of Warranties
    • a. This Website and any content or information provided therein are made available on an "as is" and "as available" basis. Navis does not warrant that this Website or any content or service provided therein will be timely, secure, uninterrupted, or error-free, or that defects in this Website or in any content or service provided therein, if any exist from time to time, will be corrected. Navis makes no warranty regarding any information made available through or on this Website. Navis makes no express or implied warranties with respect to this Website, including without limitation warranties of merchantability or fitness for a particular purposes.
    • b. No Navis employee or agent is authorized to create any warranty not expressly made herein.
  7. Limitation of Liability, etc.
    • a. In no event shall Navis or any of its officers, directors, employees or agents be liable for any of the following (collectively referred to as "Injuries"): injuries (including death) or damages to persons or to property, or damages of any other kind, direct, indirect, special, exemplary, incidental, or consequential, including, but not limited to, loss of use, lost profits, lost revenues, loss of data, replacement costs, debt service or rental payments, or damages owing by you to others, whether arising out of contract, tort, strict liability or otherwise, resulting in any way from your access to or use of the Website or any content or services provided therein (whether or not Navis knew or should have known of the possibility of any such Injuries).
    • b. You agree to indemnify and hold Navis harmless from any loss, liability, cost or expense (including, without limitation, attorney's fees) relating in any way to Injuries, whether or not such Injuries are based in whole or in part on the negligence or alleged negligence of Navis.
    • c. This Section 7 will apply notwithstanding any other provision of these Terms of Use.
  8. Privacy Policy.

    In certain areas of this Website, you may choose to share personal information with Navis, such as you name, address or email address. Navis may use this information for marketing and other service-related purposes like sending materials you request or keeping you updated by email. Except with respect to certain information that may be disclosed under the Client Services portion of this Website (as more specifically described in the Terms of Use for Client Services), no personal information will be disclosed by Navis to anyone outside of Navis, its related companies, or business partners who help with this Website. Navis will never exchange or sell personal information to any other company. Navis may, however, release information when it believes that such release is reasonably necessary to comply with the law or protect the rights, property, or safety of Navis, its users, or others.

    Navis collects anonymous information about every visit to this Website by tracking Internet Protocol (IP) addresses on an aggregate basis. Navis does not link IP addresses to any personal information associated with the individual visitor. Navis uses this information only to determine how to make future visits more convenient and productive for its users.

  9. Other

    • a. Navis controls and operates this Website from its headquarters in Oakland, California, USA. If you use this Website from other locations you are responsible for compliance with applicable local laws. The Terms of Use will be governed by the substantive laws of the State of California, as applied to contracts entered into between California residents and performed in California, regardless of whether you reside or transact business with Navis in California or elsewhere. Use of this Website will be deemed to take place solely in California. All disputes (other than disputes over ownership of the intellectual property rights) arising out of or in connection with these Terms of Use or your use of the Website will be submitted to arbitration in San Francisco, California, according to the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator rendered in any dispute will be final and binding upon the parties, and judgment may be entered thereon in any court with appropriate jurisdiction over the parties or their property. In connection with any dispute arising out of or related to these Terms of Use or your use of this Website, the prevailing party will be entitled to its reasonable attorneys' fees and costs, in addition to all other available recovery and relief.
    • b. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
    • c. The Terms of Use state the entire agreement between you and Navis relating to use of the Website, and all prior and contemporaneous agreements and understandings relating to the subject matter hereof are merged herein and superseded hereby. These Terms of Use may not be amended except by Navis as provided herein.

Further Inquiries
You may direct questions about the Terms of Use to:

Navis
1000 Broadway, Suite 150
Oakland, California 94607, USA
Attention: Chief Administrative Officer and General Counsel

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