Terms and Conditions of Use and Sale

NAVIGON Inc.

The NAVIGON.com Web Site (“Web Site”) is a service provided by NAVIGON, Inc. (“NAVIGON”), subject to your compliance with the terms and conditions (“Terms”) set forth below.

Legal Agreement

This page (“Agreement”) states the Terms and Conditions under which you may use this Web Site and/or purchase products from NAVIGON through the Web Site. Please read this Agreement carefully before accessing or using the Web Site and/or purchasing products through the Web Site. By accessing or using the Web Site and/or purchasing products through the Web Site, you agree to be bound by the terms and conditions set forth below and all applicable laws and regulations. If you do not wish to be bound by these terms and conditions, you may not access, use, or purchase through the Web Site. If you utilize the Web Site in a manner inconsistent with these terms and conditions, NAVIGON may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. NAVIGON may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modification. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement. Those who choose to access this Web Site do so at their own initiative and are responsible for compliance with applicable local laws.

TERMS AND CONDITIONS RELATING TO SALE OF PRODUCTS

These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item or licenses offered for sale or use on or via the NAVIGON website (“Products”). By submitting an order through the Web Site, you accept and are bound by all the Terms and Conditions herein and any amendments and additions to it.

Prices, Orders and Delivery

  1. The quoted prices and tenders are subject to change and Products are subject to availability at any time prior to NAVIGON’s acceptance of your order. Shipping charges (if any) will apply in addition to the price indicated on the website. You are responsible for any local sales taxes, other taxes, and government levies, if any, associated with the order.
  2. NAVIGON reserves the right to reject any orders, in part or in full. All orders for Products are subject to stock availability.
  3. Delivery of products to a common carrier at NAVIGON’s principal place of business or at any other loading point specified by Navigion, shall constitute delivery to you (“Delivery”) and the risk of loss for damage will pass to you at that moment. If you refuse delivery, or are responsible for any shipment delay, all further risk of loss or damage as well as all costs for handling, transportation and storage shall be borne by you.
  4. If delivery to you should fail, NAVIGON reserves the right to dissolve the purchase agreement and refund any monies paid.
  5. NAVIGON shall not be liable for any damage as a result of any delay or failure to deliver due to any cause beyond NAVIGON’s reasonable control.
  6. Unless otherwise specified on the face hereof, the terms of payment of the total invoice price for the Products ordered hereunder shall be within fourteen (14) days after Delivery. In case of partial Delivery, NAVIGON may invoice you and you shall make payment for the value of such partial Delivery.
  7. Overdue amounts shall bear a delinquency charge of interest at eighteen percent (18%) per annum or the maximum rate permitted by law.

Cancellation

If you fail to accept Delivery or make any payment when it becomes due, then at NAVIGON’s sole option NAVIGON may defer or cancel any further deliveries or services and treat the contract between you and NAVIGON as terminated, but such termination shall be without prejudice to NAVIGON’s right to any unpaid price for Products delivered or cost of work done and to damages for loss suffered in consequence of such termination. Following NAVIGON’s acceptance of the order, the same may not be cancelled by you without NAVIGON’s written consent.

NAVIGON's Lifetime Traffic Service

NAVIGON's Lifetime Traffic service is currently available in 80 markets in the U.S. and Canada. Service is only available where Total Traffic Network RDS-TMC coverage exists. Coverage areas can expand or change without notice. Service is available for the life of the product as long as coverage exists. NAVIGON's Lifetime Traffic is a standard feature on both the 7100 and 5100 models. An additional accessory purchase is required to activate the service on NAVIGON 2100/2120 products.

TERMS AND CONDITIONS RELATING TO USE OF THE WEB SITE

Use of Material

NAVIGON provides users with access to certain online resources, including a system for purchasing NAVIGON products. The contents of this Web Site, including products, text, graphics, images, audio, video and other material as well as the domain names, tagline, organization and user look-and-feel of this Web Site (collectively, the "Material"), are protected by copyright, trademark and other such laws under both United States and foreign laws, and are owned or controlled by NAVIGON or by third parties that have licensed their Material to NAVIGON. Unauthorized use of the Material may violate copyright, trademark, and other laws.

You may print and download portions of the Material from the different areas of the Web Site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Web Site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of NAVIGON. You agree not to change or delete any proprietary notices from materials downloaded from the Web Site. Except as expressly provided, NAVIGON does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

NAVIGON's Liability

The Material may contain inaccuracies or typographical errors. NAVIGON makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site may be provided by third parties and NAVIGON shall not be held responsible for any such Material provided by third parties.

You understand that, except for the Material clearly identified as being supplied by NAVIGON, NAVIGON does not operate, control or endorse any information, products or services on the Internet in any way. Except for NAVIGON-identified Material, all information, products and services offered through the Web Site or on the Internet generally are offered by third parties that are not affiliated with NAVIGON. You also understand that NAVIGON cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

The Web Site may contain links to third party web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by NAVIGON of the contents on such third-party web sites. NAVIGON is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

NAVIGON DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, NAVIGON IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NAVIGON AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. NAVIGON AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. NAVIGON HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

IN NO EVENT WILL NAVIGON BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED OR HYPERLINKED FROM THE WEB SITE, EVEN IF NAVIGON OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NAVIGON’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless NAVIGON, its officers, directors, employees, agents, licensors, suppliers, retailers and any third-party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

Third Party Rights

The provisions of NAVIGON’s Liability and Indemnification are for the benefit of NAVIGON and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

User Information

NAVIGON may use the information it obtains relating to you, including, but not limited to, your Internet Protocol ("IP") address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third-parties for such purposes, strictly subject to the privacy specifications set forth in NAVIGON’s Privacy Statement.

You agree to grant to NAVIGON a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Web Site (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to NAVIGON the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against NAVIGON for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Miscellaneous

All legal issues arising from or related to the use of the Web Site and sale of products shall be construed in accordance with and determined by the laws of the State of Illinois including, but not limited to, all contracts entered in to and performed without respect to conflict of laws principles. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the United States District Court for the Northern District of Illinois, or any Illinois State court sitting in Cook County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for material on particular web pages, this Agreement constitutes the entire Agreement between you and NAVIGON with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of NAVIGON.

Acceptance of Terms and Conditions of Use

Use of this Web Site is subject to certain Terms and Conditions of Use, which constitute a legal agreement between you and NAVIGON. By using this Web Site, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use. Please review this Agreement, and if you do not agree to the terms, do not use this Web Site.

Pricing Information

No charge is imposed by the provider to the consumer for the use of the Web Site.

Complaints and further information

In the event of a complaint, or to request further information, NAVIGON may be contacted in writing at NAVIGON, Inc. 200 W. Madison St., Suite 650, Chicago, IL 60606, by telephone at 888-848-0701, or by e-mail at info.us@NAVIGON.com.

NAVIGON reserves the right to change or modify this policy at any time by posting such change or modification on this page.

SOFTWARE AND OTHER MATERIAL AVAILABLE FOR DOWNLOAD ON THIS WEB SITE

Any software that is made available to download from the Web Site ("Software") is the copyrighted work of NAVIGON and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NAVIGON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, NAVIGON MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NAVIGON DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEB SITE OR IN NAVIGON SOFTWARE PRODUCTS.