www.navigationcatalyst.com \ terms of use and privacy policy home site map  
 

about us \
December 1, 2004
 

We’ve applied our extensive experience and technical expertise in the domain name industry and Internet search gained from nearly four years of business to develop Navigation Catalyst Systems. With New.net’s recent acquisition by Vendare Group, NCS customers can now benefit fully from the parent company’s direct relationship with thousands of advertisers to help monetize customers’ navigation pages, in addition to leveraging New.net’s existing partnerships with leading search providers.

Daniel P. Sheehy
President
Navigation Catalyst Systems



   

Terms Of Use And Privacy Policy

Effective Date: May 1, 2004.

Navigation Catalyst SystemsT, Inc. ("NCS") provides this web site (this "Site"), the home page of which is located at www.navigationcatalyst.com, subject to your compliance with the terms and conditions set forth in this Terms of Use and Privacy Policy (the "Terms"). Please read these Terms carefully, including the terms relating to our privacy policies and practices in Section 7 below, because these Terms constitute a legally binding contract between you and NCS and governs your use of this Site.

1. Address and Contact Information.

NCS is a Delaware corporation located at 15260 Ventura Blvd., Sherman Oaks, CA 91403. You may send email to NCS at .

2. Acceptance of Terms, Modification.

These Terms represent a legal agreement between you, as an end user, and NCS. By using the Site or the Services, you agree to be bound by all of the terms and conditions stated in these Terms. If you do not wish to be bound by the conditions of these Terms, you may not access or use the Site. NCS may revise these Terms at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms, as the case may be. NCS will often post an announcement on the Site's homepage regarding any material changes to these Terms. Nevertheless, you agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed conclusive acceptance by you of the modified Terms, as the case may be. If any changes or modifications to these Terms are unacceptable to you, you should cease using the Site.

3. Use of the Site.

If NCS terminates your use of the Site for any reason, you may not access the Site in any manner or for any reason without the express written permission of NCS.

4. Content.

You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") posted to the Site or otherwise made available through the Site, whether publicly posted or privately transmitted, is posted "as is" with no representations or warranties whatsoever. In particular, and without limitation of the foregoing, NCS makes no representations or warranties about the accuracy, integrity or quality of such Content. You understand and agree that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will NCS be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the site.

5. Content that You Upload or Transmit on NCS.

To the extent that you elect, and our Site allows you, to post any Content for inclusion in any area of the Site that is generally accessible to the public, you grant to NCS the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media, or technology now known or later developed.

6. Children.

This Site is not directed to children under the age of 13. You may not use this Site if you are under the age of 13.

7. Privacy Policies.

Your privacy is vital to our long-term relationship with you, and protecting your privacy is just one part of our mission to provide you with highly personalized and valuable service.

a. What Information is Collected; How Information is Collected.

1. Personally Identifiable Information.

You may enter certain personal information about yourself on the Contact Us page (or similar page) of the Site, at your sole discretion. The information that may be entered on the Site includes your first name, last name, email address, phone number, address, city, state, and zip code. If you choose to provide your personal information on the Site, you represent and warrant that you are at least thirteen (13) years of age and you agree to comply with the terms and conditions of these Terms.

2. Questionnaires and Surveys.

From time to time, we may ask you to complete questionnaires or surveys, which we use to obtain additional demographic information about our users, to measure and improve the quality of our Site or services and to better assess your interests and needs. If we ask you to complete a survey or questionnaire, we will explain how we intend to use the information that you provide to us. You always have the option of not responding to any questionnaire or survey.

3. General Information.

We collect general information about you when you visit our Site. This information includes technical information related to your computer and the manner in which you are accessing our Site and includes such information as the internet protocol (IP) address of your computer, what operating system your computer is using, what browser software (e.g., Explorer, Netscape or other) your computer is using, who your Internet service provider is, the Uniform Resource Locator ("URL") of the web site from which you just came and the URL to which you go next and certain operating metrics, such as the amount of time you use our Site. The general information that we gather about you may be aggregated with general information of all users to help us better understand how our Site is used.

4. Transmission of Personally Identifiable Information; Security.

NCS uses the highest security standard available (SSL) to encrypt all of your personally identifiable information while it is in transit to us. All data stored on the NCS server is protected by a secure "firewall" in order to prevent unauthorized use or activity. However, personally identifiable information you submit to us may be transmitted over third-party carriers and equipment outside the control of NCS. Although NCS strives to safeguard your personally identifiable information from loss, misuse or alteration by third parties, you should be aware that there is always some risk our security systems may be thwarted or that transmissions over the Internet may be intercepted. In connection with such transmissions, there is always the risk of loss, misuse or alteration by third parties of personally identifiable information. NCS assumes no liability for or relating to the entry, delay, failure, loss, interruption or corruption of any data or other information that is transmitted for any purpose.

b. The Sharing of Collected Information

1. Personally Identifiable Information.

Any personally identifiable information that you choose to provide on the Contact Us page (or similar page) of the Site will be maintained by NCS only for the purpose of being able to contact you with respect to our services. It will not be shared with any third-parties without your explicit consent, except under the following circumstances: (a) we are compelled to do so by law or by an order of a court or governmental authority; (b) in order to cooperate with law enforcement authorities or governmental regulatory bodies; (c) as we deem necessary to protect the rights, safety or property of NCS, our users or others or to enforce these Terms.

2. Aggregated General Information.

We may share aggregated general information about our Site with our business partners or the general public. For example, we may share information regarding the daily number of unique users to our Site with potential corporate partners or others. Aggregated data does not contain any information that could be used to contact or identify you.

3. Third-Party Sites.

We may publish links to other web sites on our Site. Please note that NCS does not control the content, practices or policies of any other web site, including what information those web sites collect about you. Accordingly, we do not endorse or hold ourselves responsible for the privacy policies or information gathering practices of any web site that you may link to from our Site. In addition, you may choose to respond to advertisements that are posted on our Site or to direct marketing offers from third party sponsors or advertisers. We do not control the content, practices or policies of our sponsors or advertisers and, accordingly, do not endorse or hold ourselves responsible for the privacy policies or information gathering practices of any sponsor or advertiser who may collect information about you.

c. Updating the Information Collected About You.

You can request that the information collected about you be updated at any time by sending an email request to .

8. NCS Proprietary Rights.

You acknowledge and agree that the Site, including, without limitation, any Content, services and software available through or used in connection with the Site, contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NCS or advertisers, you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, distribute, exploit or create derivative works based on the Site or any Content, services or software available through or used in connection with the Site, in whole or in part.

9. Modifications to Site; Termination.

NCS reserves the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice. You agree that NCS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

10. Third Parties.

You understand that NCS may permit third party product and services providers ("Third Party Vendors") to advertise or offer their products and services on this Site ("Third Party Products") or have links to their own web sites ("Linked Sites") in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is NCS making any representation or warranty regarding any Third Party Products, nor will NCS be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of NCS and NCS 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 Linked Sites. NCS is not responsible for webcasting or any other form of transmission received from any Linked Site. NCS is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by NCS of the Linked Site.

11. Waiver of Claims.

By accessing or using this site, you hereby and forever disclaim and waive any rights and claims you may have against NCS with respect to third party products or linked sites, to the maximum extent permitted by law. You hereby waive any claim that the foregoing limitation of liability deprives you of an adequate remedy. Your sole remedy for dissatisfaction with this site or any content is to stop using this site. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this site, or the content or otherwise arising out of or related to these terms, must be filed within one year after such claim or cause of action first arose or such claim shall be forever barred.

12. Limitation of Liability.

You specifically agree that NCS shall not be liable for losses or liabilities arising in connection with your use of this Site, including, but not limited to, loss or liability: (i) arising in connection with your use of the Site or the Content; (ii) resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data; (iii) resulting from acts of God; (iv) from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party resulting from errors, omissions or misstatements in any and all Content, information or services provided by NCS to you; (v) resulting from the development or interruption of your website; or (vi) that you may incur in connection with NCS's processing of your application for a Service.

Without limiting the foregoing, to the maximum extent permitted by law, NCS shall not be liable to you or your business for any actual, direct, indirect, incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of or relating in any way to this site, these terms or the content, or information contained within this site, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract, tort or other violation of rights (including, but not limited to negligence and strict product liability) and irrespective of whether you have advised NCS of the possibility of any such loss or damage.

13. Indemnification.

You agree to release, indemnify, defend and hold harmless NCS, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from your use of or conduct on this Site. NCS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

14. No Warranties; Disclaimer.

The services and this site, including any content or information contained within it is provided "as is" and "as available" with no technical support or representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, title and non-infringement. In particular, but without limitation, NCS does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. NCS does not warrant or make any representations regarding the use or the results of the use of the materials in this site, in terms of its correctness, accuracy, timeliness, reliability or otherwise. You understand and agree that you assume total responsibility for your use of this site and the services, including, but not limited, use that results in damage to your computer or loss of data.

15. Limited Distribution and Territorial Considerations.

Unless otherwise specified, all materials and services in this Site are presented solely for the use in the United States, its territories, possessions and protectorates. NCS controls and operates this Site from its offices within the State of California, U.S.A., and all transactions conducted on the Site are conducted in the State of California. NCS makes no representation that materials in this Site are appropriate or available for use in other locations. Those users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. European Union users understand and consent to the processing of personal information (if any) in the United States. Use of or access to this Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by NCS.

16. Notices.

Notices to you may be made via voice messages, email, regular mail, facsimile or overnight courier.

17. Trademark Information.

You acknowledge and agree that NCS and other NCS logos, products and Services names are trademarks of NCS ("NCS Marks") and you agree that you will not display or use the NCS Marks in any manner, without the express written permission of NCS.

18. Copyrights.

If you believe that the Site contains material that constitutes an infringement of your copyright in any work, please provide the following information to our site manager:

a. a description of the copyrighted work that you claim is infringed;

b. a description of where the Site you claim that the copyright is infringed;

c. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

d. your address, telephone number and email address;

e. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

f. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

The NCS site manager can be reached at .

19. General Provisions.

a. No Relationship Created.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NCS as a result of these Terms or your use of the Site.

b. Compliance with Laws.

NCS's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of NCS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the information provided to or gathered by NCS with respect to such use.

c. Severability.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

d. Electronic Form.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

e. Governing Law; Jurisdiction.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce these Terms or in connection with any matters related to this Site only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the jurisdiction of said courts.