Terms of Service and Conditions Agreement
Commerce Navigator LLC (“Company”) provides an informational website for persons who wish to gain information about Company and its operations (“Services”). This Terms of Service and Conditions Agreement (“Agreement”) describes our policies and practices while you are using commercenavigator.com (the “Site”).
By agreeing to use our Site, you understand and agree that this agreement governs any use of the Site by you.
1. Notice. The Site is owned and operated by Commerce Navigator, a limited liability company with a principal office located in Texas. Company has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site. You may visit our Site at any time to read this Agreement and learn of any revisions made to this Agreement. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
2. Intended Use.
The Site is intended for your benefit to become familiar with Company and its Services.
You understand that Company does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Services or any third-party services or products posted on or offered through our Site.
You understand that any statements by Company, its employees, agents, affiliates, and members are provided for informational purposes only.
3. Our Services.
a. In General. Company, however, makes no predictions, warranties, or guarantees, express or implied, about any of the Services provided by Company, any individual, company, or service provider used by Company to deliver the Services, or any other products or services featured on the Site, and assumes no liability related thereto.
4. Use of Information and Materials on our Site.
The information contained on our Site is subject to change without notice.
While Company makes every effort to ensure that the information on our Site is accurate, Company makes no representations or warranties as to the accuracy or reliability of any information provided on our Site.
Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site is strictly prohibited.
Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited. Company grants you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
5. Privacy Policy.
By entering into this Agreement, you also agree to the privacy standards set by Company. Company is committed to protecting the privacy of its online users.
We do not collect personal information about individuals, such as names, postal addresses, and email addresses, except when it is knowingly provided by the user via e-mail or a contact page on the Site. In such event, we maintain a set of practices and procedures intended to protect personal information from any purpose other than its intended use.
At no time will Company knowingly require a child 13 years of age or younger to disclose any information.
A cookie is a string of information that is stored on your browser and hard drive. We or our partners may employ cookies to identify you, track your use of the site, to help you move faster through our Site, to estimate our total audience size and traffic, and to help us improve our Site’s experience. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer. Note that if you do this, it may materially affect the functionality of the Site and the information you can access through it.
Company may also automatically gather and store the following information in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site may also gather demographic information. We use this automated data to obtain general statistics regarding the use of the Site and to evaluate how our visitors use and navigate the Site.
6. Disclosure of Collected Information.
Information from the Site. Except as provided in this Agreement, Company will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site. Company, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Agreement. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
7. Enforcement.
Limitations of Warranties and Remedies. To the full extent allowed by law, Company disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. Company neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services provided by Company. In no event will Company be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if Company has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
Indemnification. You agree to defend, indemnify, and hold harmless Company and its officers and employees (the “Company Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Company Parties may incur arising out of or resulting from your use of the Site or any of the Services of Company.
Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Denton County, Texas with regard to any dispute relating to this Agreement or its enforcement. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Denton County, Texas, relating to a dispute between the parties relating to this Agreement or its enforcement.
Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
Additional Provisions Regarding Liability. You and Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
Notices. Any notices or communication sent by you to Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as Company may specify in writing. All notices must be sent to: 2450 Lakeside Pkwy Suite 150, Flower Mound, TX 75022.
8. Additional Information.
Links. This Agreement applies solely to our Site and does not apply to any other websites to which we may provide links. We are not responsible for the content, accuracy, or opinions expressed in such linked websites and the inclusion of such links on our Site does not imply our approval or endorsement of such websites. Please be aware that Company is not responsible for and cannot control the terms of use, privacy policies and conditions of these other websites. We encourage you to be aware of when you leave our Site, and to read the terms of use of each and every website.
Trademarks. Company is the owner or licensee of the marks and logos on the Site. All other marks and logos appearing on the Site are owned by their respective owners. Company is the owner of the Site, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery. All rights are reserved.
Copyrights. Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Company and the copyright owner, if applicable. All rights are reserved.
Suggestions and Idea Submissions. Unless otherwise agreed to in writing, Company does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Company cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with Company through the Site. Any ideas disclosed to Company outside of a pre-existing and documented confidential business relationship are not confidential and Company may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. Company will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if, in Company’s sole discretion, Company determines that a review is necessary, it will be with the understanding that Company assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Company through the Site, you agree to be bound by the terms of this Agreement.
Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Company. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us via email at support@commercenavigator.com.