10. Miscellaneous
No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless in writing and signed by the parties. No failure or delay by Navori in exercising any right, power, or remedy under these Terms of Use, except as specifically provided herein, shall operate as a waiver of any such right, power, or remedy.
Except as set forth in these Terms of Use, you may not use our name, logo, or other marks or issue any press release or make any public statement regarding these Terms of Use without Navori’s written consent.
We may change these Terms of Use from time to time. If we change these Terms of Use, we will notify you through Aquaji Services, by e-mail or otherwise.
Navori shall not be liable or in default for any delay or failure of performance resulting from a situation beyond its reasonable control, including, without limitation, acts of God, acts of civil or military authority, government orders, and changes to Applicable Law, ransomware attacks, and zero-day exploits (unless Navori has been negligent), acts of a public enemy (including terrorism), war, fire, flood, storms, earthquakes and explosions, pandemics such as COVID-19 and related impacts (a “Force Majeure“).
Navori and the End User are independent contractors, and these Terms of Use do not create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between them.
We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or part of it, to any other person without our prior written approval. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Software.
These Terms of Use describe the entire understanding and agreement of the parties and supersede all oral and written agreements or understandings between them related to its subject matter.
These Terms of Use, including their interpretation and effect, are governed by the laws applicable (a) in the Province of Québec, Canada, if the Navori Contracting Entity is Navori, Inc. or (b) if the Navori Contracting Entity is Navori SA, these Terms of Use shall be governed by and construed as an instrument under seal in accordance with the Federal laws of Switzerland, in both cases without regard to its conflict of law provisions. Both Parties hereby agree to submit to the exclusive jurisdiction of the courts located (a) in the judicial district of Montreal, Quebec, Canada if the Navori Contracting Entity is Navori, Inc. or (b) in Lausanne, Switzerland, if the Navori Contracting Entity is Navori SA, in respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Use or the Aquaji Services howsoever arising.