This is a legal agreement between you, the user (hereafter called “You”), and ETERATIONS SOLUTION LLP (hereafter called “The LLP”). You must agree to be bound by the terms and conditions presented herein as a condition precedent to using any of the tools or services provided to you via the “The LLP’s” web site www.navigatecommerce.com and its related sites as may be updated by “The LLP” from time to time.

By using or purchasing any tool or service offered by the Site or viewing any element of content present on the Site, you provide your acceptance to each term and condition mentioned in these Terms of Service. These terms and conditions apply to any separate Agreement, whether verbal or written in nature and are incorporated by reference into any such Agreement as if fully set forth therein.

THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY NOT ONLY TO YOUR USAGE OF THE SITE BUT TO ANY SUBSEQUENT AGREEMENT WHEREBY “The LLP” OR A SUBSIDIARY, AFFILIATE, OR ITS PARENT PROVIDES YOU ANY SERVICE WHATSOEVER.

Rules of Behavior Regarding This Website

You may never engage in any of the following activities:

• Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of the Site.
• Engage in any action, indirectly or directly, that may be harmful to “The LLP”, software, products, web site or any function thereof.

Confidentiality of Codes, Passwords, and Information

You agree to treat as strictly private and confidential any user ID and related password which you may have received for using any tool or service that we provide and all information to which you have access through password-protection and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password. Any loss that you sustain due to a lack of security on your part regarding your codes or passwords is your sole loss to sustain.

Return and Retention

Upon the request of a Party, the other Party shall destroy or return (at its election), all received Confidential Information, without retaining any copy thereof provided that, a Party may retain one (1) copy of any such Confidential Information if such retention is required by applicable law or in accordance with its respective internal compliance policies in which event such copy may be retained.

Intellectual Property

The contents of the Site are protected by copyright law and trademark law, and various other treaties and agreements. Indian copyright law and patent law may protect various software, programming, and scripts in use by “The LLP”. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hypertext markup language (HTML) code, scripts and all products sold and services offered are protected by Indian Copyright Laws and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of “The LLP”.

Your “right” to use the Site and any tools, services or memberships offered is subject to termination by “The LLP” at any time, for any reason, without notice to you.

“The LLP” has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of “The LLP” and/or others.
Under no circumstances, including, but not limited to, negligence, shall “The LLP” be held liable for any special or consequential damages that result from the use of, or the inability to use, the tools or services offered to you via the Site, or outside of the Site.

Cancellation of Programs, Tools, and Services

“The LLP” may cancel or discontinue any or all of our extensions, or services provided on the Site at any time without notice to you.

Jurisdiction/Arbitration

This Agreement and any separate agreements whereby “The LLP” provides you with services, shall be governed by and construed in accordance with the internal laws of the State of Gujarat. Subject to the provisions of this Section, all disputes, controversies or claims (except civil wrongs or criminal acts, intentional or otherwise, committed by you), arising out of or relating to this Agreement will be resolved through mandatory arbitration conducted in Ahmedabad, Gujarat, India. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

Force Majeure

“The LLP” shall not have any liability for any failure to perform its obligations under this Agreement resulting in whole or in part from an Act of God (including, but not limited to, earthquakes, tornados, hurricanes, blizzards, floods or other storms or natural disasters), epidemic, fire, military event, act of terrorism, third-party criminal activity, blockade, embargo, labor dispute, change in municipal, county, state or national ordinance or law, executive, administrative or judicial order, or failure of electricity, telephone or internet service. If any of the foregoing events occur, “The LLP’s” sole obligation will be to take reasonable steps to minimize delay or damages and to notify Client of such event as soon as possible.