NAVZILLA TERMS AND CONDITION OF USE

The Navzilla.com Web site (the "Web Site"), is provided by East Long, LLC or one of its subsidiaries (the "Company"). Through this Site, East Long, LLC provides you with access to a variety of information, materials and services, including but not limited to Navzilla software, Navzilla data files and downloadable applications and/or other software (collectively "Services"). This page states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use this Web Site and Services. It is important that you read this page carefully. By accessing and using this Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site and do not use the Services. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page from time to time to review the Terms.

COPYRIGHT

All content included on this site, such as logos, text,graphics, button icons, images,digital downloads, data compilations, and software (collectively, the "Content"), and Services are the property of East Long, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of East Long, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of East Long, LLC or its software suppliers and protected by United States and international copyright laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of the Company. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by the Company or third parties. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Content on your Web site, e-mail webmaster@navzilla(.dot)com. If you violate any of these Terms, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content and Services.

COMPANY'S LIABILITY

The Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Web Site and the Content. Any use of the Web Site and the Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Content on the Web Site may be provided by third parties and the Company shall not be held responsible for any such Content provided by third parties. THE COMPANY 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 CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY 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. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

DISCLAIMER OF CERTAIN DAMAGES

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

LIMITATION OF LIABILITY

Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Content of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

SOFTWARE AVAILABLE ON THIS SITE.

Any software made available to download from the Services is the copyrighted work of East Long, LLC and/or its suppliers or licensors. If an end user license agreement accompanies or is included with the software ("License Agreement"), then the use of the software is governed by the terms of that License Agreement, to which you must agree prior to installing the software. If the software is not accompanied by or does not include a License Agreement, then these Terms and Conditions shall govern. The software is made available for download solely for use by the registered account owner or, if no account was opened, then only to the individual or entity that signed onto this Site. Any reproduction or redistribution of the software not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. FOR YOUR CONVENIENCE, East Long, LLC MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. East Long, LLC 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 East Long, LLC SOFTWARE.

LICENSE AND SITE ACCESS

East Long, LLC grants you a limited, non-transferable, non-exclusive license to make use of this Site and the Services contained herein only for personal use. Such license is granted only to the registered account owner or, if no account was opened, then only to the individual or entity that signed onto this Site. Unless otherwise specified, you are not permitted to commercially exploit the Services or transfer those Services, in whole or in part, to any third party. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Services by reverse engineering, disassembly, decompilation or any other means. You shall not use the Services to operate a service bureau or for any other use involving the processing of data of other persons or entities. You shall remove any software obtained from this site from computers and similar devices before selling such computers or devices. You shall not use the Navzilla name, Navzilla logo or any East Long, LLC trademarks in any advertisement or auction listing of a computer or similar device.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. East Long, LLC does not sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use navzilla.com only with involvement of a parent or guardian. East Long, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services and this Site generally, you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any East Long, LLC server, or the network(s) connected to any East Long, LLC 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 East Long, LLC 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. Any unauthorized use of this Site will terminate the permission or license granted by these Terms and Conditions of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

INDEMNIFICATION

Except to the extent that East Long, LLC is liable under any express warranty set forth herein, Customer will indemnify and hold harmless East Long, LLC and its suppliers and licensors from and against all claims and liabilities (including claims by third parties), including costs and expenses (including attorneys' fees), incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of User but not employees of East Long, LLC, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to your breach of the terms of these Terms and Conditions and/or your utilization of this Site and/or the Services or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of East Long, LLC. For the purpose of this Indemnification section, "East Long, LLC" means, East Long, LLC, its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

LINKS TO/FROM THIRD PARTY SITES

You are granted a limited, non-exclusive right to create a hyperlink to the introductory page of this Site (http://navzilla.com) provided such link does not portray East Long, LLC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not "deep link" or link to any other pages of this Site except the introductory page. You may not use any logo or other proprietary graphic or trademark of East Long, LLC to link to the introductory page of this Site without the express written permission of East Long, LLC. This limited right may be revoked at any time.

THE SITE CONTAINS LINKS TO THIRD PARTY WEB SITES

East Long, LLC MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF SITES ACCESSIBLE BY HYPERLINK FROM THIS SITE, OR SITES LINKING TO THIS SITE. LINKED SITES ARE NOT UNDER THE CONTROL OF East Long, LLC AND East Long, LLC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY REVIEW, CHANGES OR UPDATES TO SUCH SITES. East Long, LLC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT OR ADOPTION BY East Long, LLC OF THE SITE OR ANY INFORMATION CONTAINED THEREIN. WHEN LEAVING THE East Long, LLC SITE, YOU SHOULD BE AWARE THAT East Long, LLC'S TERMS AND CONDITIONS OF USE AND POLICIES NO LONGER GOVERN AND, THEREFORE, YOU SHOULD REVEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF THAT SITE.

EXPORT RESTRICTIONS

Any software and data files and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Designated Nationals.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide East Long, LLC's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying East Long, LLC that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    East Long, LLC's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

    Copyright Agent
    East Long, LLC
    Decatur, GA
    USA

    OUR ADDRESS

    East Long, LLC
    Decatur, GA
    USA

    TRADEMARK AND LEGAL INFORMATION

    Navzilla and Navzilla.com are trademarks or registered trademarks of East Long, LLC. in the United States, other countries, or both.
    Windows, Pocket PC and Windows NT are registered trademarks of Microsoft Corporation in the United States, other countries, or both.
    Linux is a registered trademark of Linus Torvalds in the United States, other countries, or both.
    iPAQ is a registered trademark of Hewlett-Packard Company in the United States, other countries, or both.
    Any rights not expressly granted herein are reserved.

    ©2003 East Long, LLC. All rights reserved. Last Updated: October 10, 2003.