Acceptance
of Terms:
The services that Nav-Quest Inc provides to you are subject to
the following Terms of Use ("TOU"). Nav-Quest Inc reserves
the right to update the TOU at any time without notice to you.
The most current version of the TOU can be reviewed by clicking
on the "Policies and Terms" hypertext link located
at the Top of our site web pages.
Description of Services:
Through its network of Web properties, Nav-Quest Inc provides you
with access to a variety of resources, including marine charting tools,
download areas, communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features,
and/or the addition of any new Web properties, are subject to
the TOU.
Personal and Non-commercial
use limitation:
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
Privacy and Protection
for Personal Information:
See the Policies & Terms Statement disclosures relating to the collection
and use of your information.
Notice
specific to Software available on this web site:
Any software that is made available to download from this
Site is the copyrighted work of
Nav-Quest Inc and/or its Suppliers/Associates. 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 use and download solely for use
by end users according to the End User License Agreement mentioned above. 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, Nav-Quest Inc 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, NAV-QUEST Inc MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. Nav-Quest Inc 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 SERVICES OR IN
Nav-Quest Inc SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded
from this Site for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions
as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Nav-Quest,Inc .
Notice
specific to documents available on this Web Site:
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from this site is granted,
provided that (1) the below copyright notice appears in
all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from this site
is for informational and non-commercial or personal use
only
and will not be copied or posted on any network computer
or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions,
such as
K-12,
universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom
requires
express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil
and criminal
penalties. Violators will be prosecuted to the maximum
extent possible.
Documents specified above do not include the design or layout
of the Nav-Quest Inc's Nav-Quest Inc Web site (ClickToBoat.Com ( Formerly NavQuest.Com )) or any other Nav-Quest Inc owned,
operated, licensed or controlled site. Elements of Nav-Quest Inc
web sites (ClickToBoat.Com ( Formerly NavQuest.Com )) are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from any Nav-Quest Inc
web site (ClickToBoat.Com ( Formerly NavQuest.Com )) may be copied or retransmitted unless expressly permitted
by Nav-Quest Inc.
NAV-QUEST Inc AND/OR ITS RESPECTIVE SUPPLIERS/ASSOCIATES MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. Nav-Quest Inc AND/OR ITS
RESPECTIVE SUPPLIERS AND/OR ITS RESPECTIVE ASSOCIATES HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER
EXPRESS, IMPLIED
OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL NAV-QUEST AND/OR ITS RESPECTIVE SUPPLIERS
AND/OR ITS RESPECTIVE ASSOCIATES BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Nav-Quest Inc AND/OR ITS RESPECTIVE SUPPLIERS AND/OR ITS RESPECTIVE
ASSOCIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED
HEREIN
AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL Nav-Quest Inc AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Member Account, Password
and Security:
If any of the Services requires you to open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by
the applicable registration form. You also will choose a password
and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify Nav-Quest Inc immediately
of any unauthorized use of your account or any other breach
of security. Nav-Quest Inc will not be liable for any loss that
you may incur as a result of someone else using your password
or account, either with or without your knowledge. However,
you could be held liable for losses incurred by Nav-Quest Inc or another party due to someone else using your account or
password. You may not use anyone else's account at any time,
without the permission of the account holder.
No
Inlawful or Prohibited Use:
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the
Services in any manner that could damage, disable, overburden,
or impair any Nav-Quest Inc server, or the network(s) connected
to any Nav-Quest Inc server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Nav-Quest Inc server
or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the Services.
Use of Services:
The Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or other
message or communication facilities designed to enable you
to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree
to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using
the Communication Services, you will not:
- Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consent to do the same.
- Use any material or information, including images or photographs,
which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services specifically
allows such messages.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed
in such manner.
- Falsify or delete any copyright management information, such
as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
Nav-Quest Inc has no obligation to monitor the Communication
Services. However, Nav-Quest Inc reserves the right to review materials
posted to the Communication Services and to remove any materials
in its sole discretion. Nav-Quest Inc reserves the right to terminate
your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever.
Nav-Quest Inc reserves the right at all times to disclose any
information as Nav-Quest Inc deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, in Nav-Quest Inc's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Nav-Quest Inc does not control or endorse the content,
messages or information found in any Communication Services
and, therefore, Nav-Quest Inc specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers
and hosts are not authorized Nav-Quest Inc spokespersons, and their
views do not necessarily reflect those of Nav-Quest Inc.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you
download the materials.
Materials provided to Nav-Quest Inc or posted at any Nav-Quest Inc Web Site (www.ClickToBoat.Com ( Formerly NavQuest.Com )) :
Nav-Quest Inc does not claim ownership of the materials you provide
to Nav-Quest Inc (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for
review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting Nav-Quest Inc,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all Nav-Quest Inc Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to
publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Nav-Quest Inc is under no obligation
to post or use any Submission you may provide and Nav-Quest Inc may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner
of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and
purpose of your use and as otherwise permitted by these Terms
of Use and the Services, (b) you have the rights necessary to
grant the licenses and sublicenses described in these Terms
of Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set forth
in these Terms of Use, including, by way of example, and not
as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Images available
to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services,
other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not
as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your
Images.
Notices
and Procedure for making claims of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
Links to Third Party Sites:
THE LINKS IN THIS AREA WILL LET YOU LEAVE Nav-Quest Inc'S SITE (www.ClickToBoat.Com) .
THE LINKED SITES ARE NOT UNDER THE CONTROL OF Nav-Quest Inc
AND Nav-Quest Inc IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES
OR UPDATES TO SUCH SITES. Nav-Quest Inc IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. Nav-Quest Inc IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY Nav-Quest Inc OF THE SITE.
Unsolicited Idea Submission
Policy:
Nav-Quest Inc OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.
THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN Nav-Quest Inc'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Nav-Quest Inc. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Nav-Quest Inc OR
ANYONE AT Nav-Quest Inc. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT Nav-Quest Inc MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Copyright Notice:
Copyright © 2007 Nav-Quest, Inc
.
All rights reserved.
Trademarks:
NavQuest, NavQuest
Logo, Navquest Mobile Logo , Marine Navigation Made Easy!, Windows, Adobe, and/or other Nav-Quest Inc products referenced
herein are either registered trademarks of partner companies or trademarks of
Nav-Quest Corporation in the U.S. and/or other countries.
The names of actual companies and products mentioned herein
may be the trademarks
of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and
events depicted herein are fictitious. No association with
any real
company, organization, product, domain name, e-mail address,
logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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