TERMS OF USE

(Last updated June 01, 2016)

This website, located at uniform resource locator www.nevakar.com (the “Site”), is provided by Nevakar, LLC (“Company”, “we,” “our,” or “us”) to the person accessing the Site (“you” or “your”).

  1. You Agree to These Terms by Using the Site
    Your access to, and use of, the Site is subject to the following terms of use and all applicable laws and regulations (these “Terms of Use”). By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. These Terms of Use supersede prior agreements or arrangements. Company may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by Company. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site immediately. We may immediately terminate these Terms of Use with respect to you (including your access to our services) if you fail to comply with any provision of these Terms of Use.
  2. Permitted Use of the Site
    The information and materials on the Site are provided for personal, noncommercial, and general informational purposes. You may use the Site solely for the purpose of learning about Company services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.
  3. User Submitted Content
    The Site may, from time to time offer interactive features that allow users to submit content to the Site. Company does not and cannot review all such content, and is not responsible for such content. You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Company reserves the right to block or remove communications or materials that it determines to be unacceptable to Company in its sole discretion. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
  4. Notice; Electronic Communications
    When you visit the Site or send e-mails to Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  5. Privacy
    Company’s Privacy Policy is incorporated into and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Company in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
  6. Typographical Errors
    In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Company reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service.
  7. Disclaimer – Warranty

    ThE site, its content, materials, SERVICES and products on thE site are provided “as is.” To the fullest extent permissible pursuant to applicable law, COMPANY HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

    Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Company does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Company does not make any warranties or representations regarding the security of your personal information. Some states do not permit certain limitations or exclusions on warranties, and as such, these limitations and exclusions do not purport to limit liability that cannot be excluded under the law in your usual place of residence.

  8. Indemnification
    You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
  9. Limitations of Liability
    YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit certain limitations or exclusions on warranties, and as such, these limitations and exclusions do not purport to limit liability that cannot be excluded under the law in your usual place of residence.
  10. Third-Party Links

    In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Company. These linked sites are only for your convenience, and therefore, you access them at your own risk. Without limiting the foregoing, Company specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

    Company does not endorse the content, or any products or services available, on such sites. Nonetheless, Company seeks to protect the integrity of its web site and the links placed upon it and therefore, requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

  11. Trademarks
    The trademarks and logos (collectively, the “Trademarks”) displayed on the Website are registered and unregistered trademarks of Nevakar, LLC. These marks may not be used without our consent on any product or service, except our own.
  12. Copyright
    Copyright © 2016, Nevakar, LLC. ALL RIGHTS RESERVED.
    All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
  13. Copyright Complaints

    Company respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

    • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    All notices described above should be sent to Company’s designated agent (by email or mail) at:

    Email: info@nevakar.com
    Business Address: Nevakar, LLC
    New Jersey Center of Excellence
    1019 Route 202-206, Building K
    Bridgewater, NJ 08807

    We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  14. Export Control

    Software and other materials downloaded or otherwise made available from the Site may be subject to United States export control. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

    Company does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States export control laws.

  15. Law and Jurisdiction
    These Terms of Use and your use of the Site are governed by the laws of the State of New Jersey without regard to its choice of law provisions. The courts of general jurisdiction located within Bridgewater, New Jersey, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
  16. Assignment
    Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
  17. Questions and feedback
    We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to: info@nevakar.com. You hereby grant Company the non-exclusive, sublicense able, irrevocable and royalty-free worldwide license to use and publish such feedback.
  18. Waiver; Severability.
    No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY (Last updated June 01, 2016)

Your access to, and use of, the Site is subject to Company’s Terms of Use. Company has created this privacy policy to explain what information we gather from you when you visit our Site, how we may use this information, and the security approaches we use to protect your information (this “Privacy Policy”). This Privacy Policy is incorporated and made part of Company’s Terms of Use.

By using the Site, you consent to the collection, use, processing, transfer, and disclosure of your information by Company in accordance with this Privacy Policy. If we decide to change this Privacy Policy, we will post those changes on this page. Privacy Policy changes will apply only to information collected after the date of the change.

  1. What information do we collect?

    We may collect information from you when you visit the Site, respond to communication such as e-mail, or participate in another feature of the Site.

    • We collect IP addresses and session identifiers.
    • Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to the Site. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

    Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” (“DNT”) signals other than cookies, we do not currently respond to undefined “DNT” signals to the Site.

  2. How do we use your information?

    We may use the information we collect from you when you respond to a survey or marketing communication, surf the Site, or use certain other features of the Site in the following ways:

    • To personalize your experience with the Site and to allow us to deliver the type of content in which you are most interested.
    • To administer a survey or other features of the Site.
    • To analyze trends, to administer the Site, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.
  3. Do we disclose the Personal Information we collect to outside parties?

    We generally do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, for example, your name, address, telephone number or e-mail address, (“Personal Information”) unless we provide you with advance notice or you direct us to share your Personal Information, except as described herein. The term “outside parties” does not include our affiliates, website hosting partners and other parties who assist us in operating the Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. In the event that we sell our company, or otherwise transfer any assets of our company, we may provide your information to the purchaser so that you may continue the relationship or business with us and our products. We may also release your information when we believe release is appropriate to comply with the law, enforce our policies for the Site, or protect ours or others’ rights, property, or safety.

    However, non-Personal Information that we collect from you may be provided to other parties for marketing, advertising, or other uses.

  4. Correction/Updating Personal Information
    You can correct or update your Personal Information by re-registering, updating your profile, or by contacting us by electronic-mail info@nevakar.com or by telephone (908) 367-7400. You will be asked for name and address so that we may be able to process your changes. We will use reasonable efforts to correct any factual inaccuracies in your information.
  5. Do we use “cookies”?

    Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. Cookies are also used to help us understand your preferences based on previous or current activity on the Site, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about traffic on the Site and interaction with the Site so that we can offer better experiences with the Site and tools in the future.

    We may contract with third-party service providers to assist us in better understanding our visitors to the Site. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

    You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Mozilla Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser “Help” menu to learn the correct way to modify your cookie settings. If you turn cookies off, you won’t have access to many features that make your experience with the Site more efficient and some of our services will not function properly.

  6. Safeguarding Your Personal Information
    Company follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such Personal Information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.
    You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or our services.
  7. Privacy and Third Party Links

    This Privacy Policy applies solely to information collected by the Site. In an attempt to provide you with increased value, we may include third party links on the Site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback about these linked sites (including if a specific link does not work).

  8. Online Policy Only

    This Privacy Policy applies only to information collected through the Site and not to information collected offline.

  9. Questions and feedback

    We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback or questions pertaining to the Site to info@nevakar.com with “WEBSITE PRIVACY POLICY” in the subject line or by mailing us at the following address:

    Nevakar, LLC
    New Jersey Center of Excellence
    1019 Route 202-206, Building K
    Bridgewater, NJ 08807

  10. Important Notices to Non-United States Residents
    It is important to note that the Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site and/or providing us with your information, you consent to this transfer.
  11. Your California Privacy Rights

    Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2013 will receive information regarding 2012 sharing activities).

    To obtain this information from Company please send an email message to info@nevakar.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

  12. Children’s Privacy
    We do not knowingly intend to collect Personal Information from children under 13 years of age. If a child has provided us with Personal Information, a parent or guardian of that child may send an email message to info@nevakar.com with “Request for Child Information Removal” on the subject line and the name and age of the child in the body of the message. We will then make reasonable efforts to delete the child’s information from the database that stores information for the Site.