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Terms & Conditions

This Agreement sets forth the terms and conditions which apply to the use by you of the Navan Foods Site (as defined below) and any other product or service offered by Navan Foods LLC and/or its affiliates (collectively, “Navan Foods”). By accessing and using the Navan Foods Site, other than to read this Agreement for the first time, you agree to comply with and be legally bound by all of the Terms and Conditions hereof.

DEFINITIONS

The “Navan Foods Site” shall mean all areas and any subscription, membership or other paid products and services offered or available on the interactive online service operated by Navan Foods LLC. on the World Wide Web. The Navan Foods Site consist of information services and content provided by Navan Foods LLC, affiliates of Navan Foods LLC and third parties.

GENERAL

Navan Foods shall have the right, at any time, to change, modify, add to, or otherwise alter the Terms and Conditions applicable to your use of the Navan Foods Site, or any part thereof, or to impose new conditions, change or discontinue any aspect or feature of the Navan Foods Site including, but not limited to, adding fees and charges for use, changing content, hours of availability or equipment needed for access or use. at any time and without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Navan Foods Site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Any use of the Navan Foods Site by you after the posting of such changes, modifications, additions or deletions shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

USE OF THE NAVAN FOODS SITE

The Navan Foods Site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, logos, photos, video, graphics, music and sound, and the entire contents of the Navan Foods Site are copyrighted as a collective work under the United States copyright laws. Navan Foods, L.L.C. is the owner of the copyright in the entire Navan Foods Site. Navan Foods LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Navan Foods Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Navan Foods Site without the express permission of Navan Foods LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Navan Foods Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Navan Foods Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Navan Foods LLC considers to be offensive. The Navan Foods Site may contain links to other web sites, resources and advertisers. Navan Foods LLC is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Navan Foods LLC be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Navan Foods Site and all charges related thereto. The foregoing provisions are for the benefit of Navan Foods LLC, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf. Navan Foods LLC has carefully designed the Navan Foods Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Navan Foods Site in any way that interferes with that purpose. In particular, Navan Foods LLC prohibits any party from displaying the content on the Navan Foods Site in any format where third party advertising or other materials that Navan Foods LLC did not authorize is viewed or viewable together with Navan Foods LLC's proprietary content.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The Navan Foods Site is provided by Navan Foods on an “as is”, “as available” basis and you expressly agree that use of the Navan Foods Site is at your sole risk. Neither Navan Foods, L.L.C., its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Navan Foods Site will be uninterrupted or error free or that defects will be corrected, or that the Navan Foods Site or the server that makes it available are free of viruses or other harmful components; nor do they make any warranty as to the results that may be obtained from use of the Navan Foods Site or as to the accuracy, reliability or content of any information, service or products provided through the Navan Foods Site. Navan Foods makes no representations or warranties of any kind, express or implied, as to the operation of the Navan Foods Site or the information, content, products or materials included on the Navan Foods Site. Navan Foods disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Navan Foods does not warrant or make any representations regarding the use of or the result of the use of the Site in terms of their quality, accuracy, reliability, completeness or otherwise. You (and not Navan Foods) assume the entire cost of all necessary servicing, repair or correction. The disclaimers of liability contained in this “Disclaimer of Warranty” section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Navan Foods, L.L.C. is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. In no event will Navan Foods LLC or any person or entity involved in creating, producing or distributing the Navan Foods Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Navan Foods Site or out of the breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the Navan Foods Site. Navan Foods LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Navan Foods Site, nor for any offensive, defamatory or obscene posting made on the Navan Foods Site by anyone other than authorized Navan Foods LLC employee spokespersons while acting in their official capacities. Under no circumstances will Navan Foods LLC be liable for any loss or damage caused by your reliance on information obtained through the content on the Navan Foods Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Navan Foods Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content. Navan Foods LLC does not endorse, warrant or guarantee any products or services offered through the Navan Foods Site and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Navan Foods LLC makes products or services available on the Navan Foods Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Navan Foods will not be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages or injury that result from the use, inability to use, or performance of the information, service, products, and materials available from the Navan Foods Site, even if there is negligence or Navan Foods has been advised of the possibility of such damages or both.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Navan Foods, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages, claims and costs, including reasonable attorneys' fees, arising out of the use by you of the Navan Foods Site or resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Navan Foods Site using your Internet account.

PRODUCT INFORMATION

Navan Foods provides product description information as well as associated allergen information for products sold on the Navan Foods Site. Navan Foods does not warrant that this information is accurate, complete, reliable, up to date or error-free. It is still your responsibility to carefully read, inspect, and investigate any product you purchase through the Navan Foods site upon your receipt to determine safety and appropriateness for your consumption or use.

PRODUCTS

Navan Foods LLC makes available to users certain products for purchase. The following terms and conditions shall apply in the event that you purchase any products offered by Navan Foods LLC on the Navan Foods Site (the "Merchandise"):

Purchase Terms. You authorize Navan Foods LLC to charge to the credit card account designated during the on-line shopping process the current fees and charges for each item according to the products chosen by you. Current fees may be obtained by going to the “Products” section of the Navan Foods Site. You are responsible for any charges associated to connecting to the Navan Foods Site, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Navan Foods LLC with accurate, complete and updated information as to your name, address, e-mail address and credit card account information provided by you at check-out. Failure to do so shall constitute a breach of this Agreement.

Changed Terms. Navan Foods LLC shall have the right at any time to impose, change or modify its prices, fees and billing methods, or other terms and conditions applicable to your purchase or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Navan Foods Site a revised version of this Agreement or notification by electronic or conventional mail. Any on-line purchase made by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content or services. Products. With respect to products offered for sale by Navan Foods LLC and third parties or through the Navan Foods Site: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.

TRADEMARK

Any trademarks, logos, service marks, and trade names used on the Navan Foods Site are the property of their respective owners including, in some instances, Navan Foods LLC, and may not be used in connection with any product or service or in any manner whatsoever without the prior written permission of Navan Foods LLC.

TERMINATION

Navan Foods may terminate this Agreement at any time and without notice, and accordingly deny you access to the Navan Foods Site, in Navan Foods’ sole discretion for any reason, including, but not limited to, any breach by you of any term or provision of this Agreement.

APPLICABLE LAW

These Terms and Conditions of Use will be governed, interpreted and construed in accordance with the laws of the State of Virginia, United States of America, without regard to its’ conflict of laws rules.

MISCELLANEOUS PROVISIONS

This Agreement and any operating rules for the Navan Foods Site established by Navan Foods LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any term of these Terms and Conditions of Use is deemed to be invalid, illegal, void, or unenforceable, only said term shall be deemed invalid, illegal, void or unenforceable and it will not affect the validity and enforceability of any remaining provisions as the remaining terms of this Agreement shall remain in full effect. Navan Foods’ failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The section headings used herein are for convenience only and shall not be given any legal import. In the event that it shall become necessary for any party hereto to retain the services of an attorney to enforce the provisions of this Terms and Conditions of Use, either through an action for specific performance or for damages, the prevailing party shall be entitled to collect all costs incurred as a result of any legal proceedings and reasonable attorney's fees, including appellate proceedings, in addition to all damages sustained by the prevailing party and any other relief to which such party may be entitled.

NAVAN FOODS CONTACT INFORMATION

Navan Foods LLC
PO Box 6062
Virginia Beach, VA 23456
Email: info@navanfoods.com
www.navanfoods.com