Terms of Use

Terms Of Use

Information on The Navigators websites and eLearning platform (TDC.navigators.org, TDCresourcehub.org, and navigators.learnupon.com) is offered to the user on the condition of acceptance without modification of the terms, conditions, and notices contained herein. Use of The Navigators website constitutes agreement to all such terms, conditions, and notices. The Navigators may revise and update these Terms of Use at any time without notification. Any updates, enhancements or added features shall be made part of these Terms of Use.

All information contained on The Navigators Sites or references and links to books, articles and other materials or products, such as text, graphics, illustrations, logos, etc., are copyrighted by and proprietary to The Navigators, unless otherwise specified, and may not be modified, reproduced into any medium, or translated in whole or in part by individuals, organizations, or corporations. The Navigators information may not be bundled or sold with other materials(s) and/or product(s), used in any derivative work(s), or used in connection with any fundraising activities without prior written express permission. You may not copy, reproduce, or distribute the design or layout of The Navigators Sites, Navigator’s logos or other design elements or software. You may not reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to access The Navigators Sites by any means other than through the interface that is provided and authorized by The Navigators.

Individual(s) may download a single copy of The Navigators materials for informational, educational, non-commercial, personal study without alteration. The materials may be used only in the format in which The Navigators organization makes them available. The information in whole or in part may not be posted, framed, imbedded, or deeply linked, etc. on other websites or servers without prior written permission. Access to The Navigators material(s) and/or product(s) or the contents may be made by a hyperlink to any page.

All copies must retain all copyrights, trademarks, and other proprietary notices, must not be modified in any way, must not be incorporated in another work, and must not be used in such a way as indicates or implies an association of the user with The Navigators. The materials may not be bundled or sold with other material(s) and/or product(s), used in any derivative works, or used in connection with any fundraising activities without prior written express permission.

Distribution Permission

Written permission must be obtained prior to using, translating, reproducing, publishing, or redistributing the material(s) and/or products(s) in excess of 25 copies for personal use. Written permission must be obtained prior to redistribution of any copies unless otherwise specifically allowed in these Terms of Use. The permission request must include the following: name of requesting individual/entity/company, physical address, email address, contact number, number of exact copies requested, title of the specific illustration(s) or work requested, purpose of request, area/community to which copies will be redistributed, timeline of redistribution, cost assessed (if any), projected sale price (if any), and a PDF version of the proposed product. The Navigators will not grant non-specific requests.

To request permission to copy or the rights to translate the information email carm@navigators.org. For use or translation of any NavPress publication(s) please see tyndale.com/permissions.

Granting permissions is at the sole discretion of The Navigators.

Proper Illustration Credit

For permission specifically granted within these Terms of Use please use the following as an example of proper copyright credit of The Navigators materials:
• Title (insert title) © Year (insert year) The Navigators, all rights reserved.

Third Party Content

The hyperlinks on this website are provided as additional resources only and should not be seen as an endorsement, approval or agreement with or by The Navigators. No inference or assumption should be made, and no representation should be inferred that The Navigators is connected with, operates or controls these websites. Permission granted within these Terms of use does not apply to third party content.

Copyright Complaints

The Navigators respects intellectual property of others and asks our readers to do the same for us. If you believe that your copyright work has been impermissibly copied or used and is accessible on The Navigators Sites in a way that constitutes copyright infringement, you may notify The Navigators by providing Navigator’s intellectual property specialist (carm@navigators.org) the following information:

• An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e. web page address) where it is posted or the name of the magazine in which it has been published.
• Identification of the URL or other specific location where the material that you claim is infringing, including enough information to allow Navigators to locate the material.
• Name, address, telephone number, and e-mail address.
• A statement that you have good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the above information in the notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Navigators for notice of claims of copyright infringement on Navigators Sites can be reached as follows: Corporate Affairs, 3820 N. 30th Street, Colorado Springs, CO 80904. Email: carm@navigators.org

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF NAVIGATORS SITES IS AT YOUR SOLE RISK. NAVIGATORS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAVIGATORS AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE NAVIGATORS SITES OR OTHERWISE BY NAVIGATORS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER NAVIGATORS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN NAVIGATORS, ARE ENGAGED IN RENDERING MINISTERIAL COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NAVIGATORS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

NAVIGATORS MAKES NO WARRANTY THAT THE NAVIGATORS SITES’ SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. THE NAVIGATORS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE NAVIGATORS SITES. THE NAVIGATORS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NAVIGATORS SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitation of Liability. THE NAVIGATORS, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NAVIGATORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE NAVIGATORS SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NAVIGATORS SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH THE NAVIGATORS; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY THE NAVIGATORS; (E) PERSONAL INJURY NOT CAUSED BY THE NAVIGATORS’ GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NAVIGATORS SITES; OR (H) ANY OTHER MATTER RELATING TO THE NAVIGATORS SITES, OR NAVIGATORS PRODUCTS OR SERVICES. YOU AGREE THAT THE NAVIGATORS’ MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY THE NAVIGATORS FROM YOU.

Indemnification. The parties each shall indemnify, defend and hold and save the other, their respective successors, assigns, officers, directors, employees and agents, their heirs, administrators and executors and each of them (collectively “the indemnified party”) harmless from any and all actions and causes of actions, claims, demands, liabilities, losses, judgments, damages or expenses, of whatsoever kind and nature, including interest and attorney’s fees and all other reasonable costs, expenses and charges that the indemnified party shall or may at any time, subsequent to the date of the Agreement, sustain or incur, or become subject to by reason of any claim or claims for any reason resulting from carrying out or failing to carry out the terms and conditions of this Agreement, or the negligence, gross negligence, intentional misconduct or criminal acts or omissions resulting from the action or inaction of the other party, provided that the indemnified party notifies within a reasonable time the other of such adverse claims, or threatened or actual lawsuits. Each party as appropriate shall provide complete cooperation to the other, its attorneys, and agents.

Termination. Navigators reserves the right, in its sole discretion, to immediately and without any prior notice, suspend or terminate (i) these Terms of Use; (ii) your registration with and/or ability to access the Navigators Sites and/or any other service provided to you by Navigators upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that Navigators determines to be inappropriate; (b), a request by you (self-initiated account deletions), (c) discontinuance or material modification to Navigators Sites and/or Navigators services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. When your account or registration with Navigators is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by Navigators as part of your use and registration of Navigators Sites. Navigators shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to Navigators for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by Navigators in its sole discretion without any notice or liability to you. Navigators shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Navigators Sites and/or Navigators services.

Applicable Law. Any controversy, dispute, or claim between you and Navigators that arises out of or relates to this agreement or a breach thereof shall be resolved by and subject to non-binding mediation/arbitration. This agreement shall be construed under and governed by the laws of the State of Colorado and of the United States and any disputes between the Parties in respect to this agreement shall be decided by a competent court within the State of Colorado. In the event that any litigation is brought with regard to any provision of the Agreement the prevailing party shall be entitled to all costs thereof, including reasonable attorney’s fees.

Miscellaneous. Navigators reserves the right from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, Navigators Sites and/or Navigators services (or any part thereof) with or without notice. Navigators shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

The failure of Navigators to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Navigators may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Navigators Sites. Except for certain Navigators licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.