2. Your Account and Profile
You will need to register by creating an account (i.e. become a Member) in order to publish Your Content on the Platform. If you become a Member, you agree that you will provide only accurate, complete registration information, and that you will keep that information up-to-date if it changes.
When you register, you will select (or we will issue to you) a User ID. Individuals and entities who use the Platform and have previously been terminated by NaviSavi may not register for an account and may not be designated by you to use your account on your behalf. You acknowledge and understand that NaviSavi relies on User IDs to distinguish Members from other users. If someone accesses our Platform using your User ID, we will rely on that User ID and will assume that you or your representative is accessing the Platform. No one except the user that originally created a User ID is authorized to access the Platform using that User ID, even if that person shares his or her registration information or other credentials with another person. You are solely responsible for any and all access to the Platform or use of the Service by other persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
3. Rules Regarding Information and Other Content
3.1. Content Guidelines.
You agree not to revise Content posted by others, and you agree not to post or use Your Content in any manner that violates our Content Guidelines, including, but not limited to Your Content which:
infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others
creates or reflects a conflict of interest (e.g. reviews of your own employer, relative's company, direct competitor, etc.)
is irrelevant to the site(s) tagged in the Content
solicits payment or other compensation (unless you are a Listed Business advertising services)
violates the privacy, publicity, or other rights of third parties
is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, or pornographic
is related to sex work or sex trafficking, regardless of whether such conduct is legal in any particular jurisdiction
encourages conduct that would be considered a criminal offense, would give rise to civil liability, would violate any law, or is otherwise inappropriate, as determined by NaviSavi in its sole discretion
is false or inaccurate; or
could damage us or our parent company, sister companies, affiliates, advertisers, or other parties.
4. General Rules of User Conduct
It is our goal to make the use of our Platform a good experience for all of our users, so you agree to follow our Content Guidelines. Specifically, you agree that you will only communicate with and pay other Members using the Platform for any Services you provide or purchase. You also agree not to do any of the following:
Conduct or promote any illegal activities while using the Platform;
Upload, distribute or print anything that may be harmful to minors, including any sexually explicit or subjective material;
Jeopardize or attempt to jeopardize the correct functioning of the Platform;
Attempt to gain access to secured portions of the Platform to which you do not possess access rights
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code
Use the Platform to generate unsolicited email advertisements or spam
Use any automatic or manual process to search or harvest information from the Platform, or to interfere in any way with the proper functioning of the Platform; or
Impersonate another user.
In addition, you waive any right you may have to reverse engineer or otherwise attempt to derive the source code of the software (including any tools, methods, processes, and infrastructure) that enables or underlies the Platform, except insofar as such rights are not waivable under United States law.
We reserve the right, but have no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other users or Listed Businesses.
We strive to make the logistics of your transactions on the Platform as streamlined and efficient as possible, including the payment process. When you engage in any Transaction on the Platform, you:
Agree to provide valid credit card, debit card, or bank account information through our Payment Management Vendors (your "Payment Information") before each Transaction, or sufficiently soon thereafter to meet your payment obligations arising out of each Transaction;
Represent and warrant that the credit limit or account balance (as applicable) for your Payment Information is and will remain sufficient in order to consummate each Transaction;
Authorize us to run a credit check, contact your card provider or bank, or perform other due diligence that we determine to be reasonably necessary in order to verify a sufficient credit limit or balance for your Payment Information;
Authorize us to charge the credit, debit, or bank account associated with your Payment Information when the Transaction has been completed, and
Authorize us to charge the credit, debit, or bank account associated with your Payment Information for any future transactions that you purchase through the Platform, unless you remove the Payment Information from your profile.
If all or part of your payment cannot be processed using the Payment Information you provide for a given Transaction, we will submit an invoice to you. In that case, you:
Agree to pay the amount indicated on the invoice within thirty (30) days from the date of the invoice;
Authorize us to contact you by email, telephone, text message, or mail regarding your outstanding balance;
Agree that we may sell your outstanding debt to a third party or hire a collection agency to collect it;
Agree to pay interest on any overdue payments at the highest rate allowed by applicable law or as agreed by you and us in writing, whichever is lower; and
Agree to indemnify us for the costs of any third-party collections agencies or attorney's fees we incur in order to collect your outstanding balance.
NaviSavi will use reasonable efforts to maintain the security and integrity of information you provide to us. However, you acknowledge and agree that NaviSavi cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. You agree that you will keep your user ID and password for your NaviSavi account confidential and secure, that you will never share them with another person, and that you will not use a password on NaviSavi that you have used on another website.
8. Third Parties
We may also allow access to, or advertise, certain third parties from which you may purchase certain goods or services. You acknowledge that we do not operate or control the products or services offered by those third parties. They are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to any transactions entered into between you and those third parties. Those third parties are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Platform are accurate and comply with applicable laws.
11. Disclaimers of Warranty
You agree that your use of the Platform shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, NAVISAVI AND THE NAVISAVI AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ACCESS TO THIS SITE IS PROVIDED ON AN "AS IS" BASIS. NEITHER NAVISAVI NOR ANY OF THE NAVISAVI AFFILIATES MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ( i ) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ( ii ) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, ( iii ) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, ( iv ) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR ( v ) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. NAVISAVI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. NAVISAVI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU 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. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND USERS, LISTED BUSINESSES, OR SERVICE PROVIDERS FOR ANY INFORMATION APPEARING ON PARTNER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL NAVISAVI OR ANY NAVISAVI AFFILIATE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF SUCH A THIRD PARTY. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
12. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL NAVISAVI OR ANY NAVISAVI AFFILIATE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ( i ) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ( ii ) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, ( iii ) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, ( iv ) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ( v ) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, OR ( vi ) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NAVISAVI OR THE APPLICABLE NAVI SAVI AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER NAVISAVI NOR ANY NAVISAVI AFFILIATE SHALL BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE NAVISAVI AND ALL NAVI SAVI AFFILIATES FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE PLATFORM AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION) WHICH STATE THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF NAVISAVI OR ANY NAVISAVI AFFILIATE TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00). THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NAVISAVI OR THE APPLICABLE NAVISAVI AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Your Indemnification of NaviSavi
14. Intellectual Property Issues
We respect the intellectual property of others, and we ask you to do the same.
15. Copyright Issues
If you are a copyright owner or an owner's agent, and you find content that infringes upon your copyrights on our Platform, you may submit a notification according to the Digital Millennium Copyright Act ("DMCA"). To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 NaviSavi or its service provider to locate the material; (4) Information reasonably sufficient to permit NaviSavi or its service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) 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.
NaviSavi's designated Copyright Agent to receive notifications of claimed infringement can be reached by sending an email to email@example.com, or a letter to:
Attn: Legal Department
807 Central Street
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid or may create civil liability for you under the DMCA.
16. Electronic Communcations
You and we agree to use electronic means to communicate with one another, whether you visit the Platform or send us emails, or whether NaviSavi posts notices on the Service or communicates with you via email. For contractual purposes, you (1) consent to receive communications from NaviSavi in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NaviSavi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect any non-waivable rights.
NaviSavi sometimes offers Promotions that allow users to receive free or discounted Services. Eligibility, duration, discount or reimbursement amount, and other terms for each Promotion are specified in its Promotion Terms, but those Promotion Terms shall yield to the terms of these Terms and Conditions in case of any conflict between them. We reserve the right to revoke any Promotion, at any time and for any reason at our sole discretion without notice. It is a violation of these Terms and Conditions to sell or otherwise share the code(s) associated with any Promotion except as expressly authorized in the Promotion Terms.
18. General Terms
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.1. "Content" means all content available on the Platform, including but not limited to any of Your Content and all LB Content.
19.3. "Joint Marketing Partner" means any third party with whom we have a joint marketing agreement.
19.4. "Member" means a registered user of the Platform.
19.5. "Messaging" includes written communication within, and telephone calls initiated using the Platform.
19.6. "NaviSavi Affiliates" means any of our affiliates or subsidiaries, or any of their or our respective owners, managers, officers, employees, agents or representatives.
19.7. "Payment Management Vendor" means any third party contracted by NaviSavi to process payments on the Platform. Stripe or Plaid Technologies.
19.8. "Platform" means the Website, our iOS application, and our Android application.
19.9. "Privacy Notice" means our disclosure of our privacy practices, which is located at navisaviapp.com/privacy-policy.
19.10. "Promotion" means an offer from NaviSavi to discount or reimburse a user for the cost of certain Services.
19.11. "Promotion Terms" means any terms and conditions set forth in a Promotion pertaining to that Promotion.
19.12. "LB Content" means any offers, responses, writings, and other content that a Listed Business generates when it uses the Platform.
19.13. "LB Tools" means certain tools that we offer exclusively to Listed Businesses including, without limitation, the ability to review user Content pertaining to your Listed Business, the ability to submit responses to user Content, the ability to update and maintain profile information on your Listed Business, the ability to utilize the dispute resolution process offered through the Website and facilitated by NaviSavi, and any of the other services that we may offer to Listed Businesses from time to time.
19.14. "Listed Business Affiliates" means individuals affiliated with a Listed Business, including without limitation any current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors.
19.15. "Services" means services offered to a user by a Listed Business.
19.16. "Technical Issues" means limitations, delays and other problems inherent to the use of the internet and electronic communications.
19.19. "Transaction" means each time that a Listed Business or Service Provider collects payment through the Platform.
19.20. "User ID" means a unique account number issued to each Member.
19.21. "Website" means navisaviapp.com.
19.22. "Your Content" means content submissions, including discussion posts, profile information and links, pictures, reviews, and other such content that you submit via the Platform. If you are a Listed Business, this term includes your LB content.