Terms Of Service
TERMS OF USE Welcome to NaviSavi. The following terms and conditions form a binding agreement between our users (“you” or “your”) and us. Please review the following terms carefully. By using the Platform, you are agreeing to these terms, and these terms will govern your use of the Platform. If you do not agree to these terms, you must cease use of the Platform. The terms “NaviSavi” or “us” or “we” or “our” refer to NaviSavi, Inc., the owner and operator of the Platform. The term “you” refers to the person accessing or using the Platform, or the company or organization on behalf of which that person accesses the Platform. To make these Terms of Use more readable, certain terms are Capitalized and defined below.
1. Introduction
NaviSavi is an online community where travelers can find, research, and experience new places around the world. Please read these Terms of Use carefully because they govern your access to and use of the Platform, including any content, information, products or services therein. This is a legal agreement between you and NaviSavi and applies to you whether or not you are a Member.
By visiting or using the Platform, you acknowledge your acceptance of both the Terms of Use as well as the terms and conditions of our Privacy Notice. If you do not agree to all of these terms or conditions, you may not use the Platform.
The Platform may contain links to other websites. Please be aware that we are not responsible for the practices, privacy policies or the content of such third-party websites. We encourage our users to read the Terms of Use and Privacy Notices of each and every website they visit. The ability to access information of third-parties from the Platform, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content. You expressly relieve us from any and all liability arising from your use of any third-party website that occurs as a result of your use of the Platform.
You are permitted to use the Platform only if you: ( 1 ) Represent that you are able to form a binding contract in your jurisdiction; ( 2 ) Comply with our Terms of Use; ( 3 ) Agree that you will not copy or distribute any part of the Platform in any medium without NaviSavi’s prior written authorization, except as permitted through the Platform’s functionality and under these Terms of Use; ( 4 ) Agree that you will provide accurate and complete information when creating an account; ( 5 ) Acknowledge that you are solely responsible for the activity that occurs while signed in to or while using the Platform; ( 6 ) Agree that you will not collect any personally identifiable information, including full names, physical addresses or e-mail addresses, from the Platform; ( 7 ) Acknowledge your sole responsibility for Your Content; ( 8 ) Represent that you own or have the necessary licenses, rights, permissions, and consent to use and authorize NaviSavi to use all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Content to enable inclusion and use of the submissions across the Platform; ( 9 ) Grant each user of the Platform, whether using the Platform or an application developed via a third-party developer, a non-exclusive license to access Your Content through the Platform and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the Platform’s functionality and under these Terms of Use; ( 10 ) Agree that you will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to the Platform; and ( 11 ) Agree that we have the right to determine whether any of your submissions are appropriate and complies with these Terms of Use, remove any or all of Your Content, or terminate your account with or without prior notice.
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.
3.2. Exposure.
We reserve the right to remove content from the Platform, including but not limited to content that violates the content guidelines above. Though we strive to enforce these rules with all of our users, you may be exposed through the Platform to Content that violates our Content Guidelines or is otherwise offensive. You use the Platform at your own risk. We may, but are not obligated to, terminate user accounts or remove Content from the Platform if we determine or suspect that those accounts or Content violate the terms of these Terms of Use or the applicable agreement with the offending user(s). We take no responsibility for, and you expressly waive any contractual claim arising out of, your exposure to Content on the Platform whether it violates our content policies or not.
3.3. Feedback.
If you provide feedback to us, we may use and disclose such feedback for any purpose, in accordance with these Terms of Use and our Privacy Notice. You agree that any such comments and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.
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.
5. Payment
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.
6. Security
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.
7. Privacy
We believe that personal privacy issues are important, so we developed a Privacy Notice to explain how we collect, use and disclose information and Content. The Privacy Notice forms part of our agreement with you and is incorporated in these Terms of Use by reference. For full details, please refer to our Privacy Notice.
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.
9. Changes to These Terms of Use
We may change the terms of these Terms of Use from time to time on a going- forward basis. Any modifications will become effective immediately upon being posted to the Website. If there are any substantial changes to Members’ rights under these Terms of Use as the result of a revision, we will notify all Members for whom we have an email address of the revision by email. It is your sole responsibility to check the Website from time to time to view any such changes in our Terms of Use. If you do not agree to all of the changes, if and when such changes may be made to our Terms of Use, you must cease use of the Platform. Your use of the Platform after any modifications to our Terms of Use indicates that you agree to the modified Terms of Use.
10. Termination
We may change or discontinue all or any portion of the Platform at any time without prior notice. We reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice. In the event of any termination, you agree that you will immediately cease access to the Platform.
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
You agree to defend, indemnify and hold harmless NaviSavi and all NaviSavi Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Platform.
14. Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Platform, including applicable copyrights, trademarks and other proprietary rights. “NaviSavi” is our trademark. Other product and company names that are mentioned on the Platform may be trademarks of their respective owners. We do not grant any license to you relating any of those intellectual property rights by virtue of these Terms of Use. We reserve all rights that are not expressly granted to you in these Terms of Use.
Except for user-generated content and LB content, the Content on NaviSavi, excluding all intellectual property of other sites obtained by way of API and linking, are owned by NaviSavi. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). These are owned by or licensed to NaviSavi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as permitted through NaviSavi’s functionality and under these Terms of Use. We reserve all rights not expressly granted in and to NaviSavi and the Content.
As between you and us, you retain ownership of any intellectual property in any copyrighted materials and trademarks that are contained in Your Content, but you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to Your Content in any manner we choose. If you have any rights to Your Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights in Your Content. With respect to other users, you grant each NaviSavi user, whether using NaviSavi or an application developed via a third-party developer, a non-exclusive license to access Your Content through NaviSavi and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through Navi Savi’s functionality and under these Terms of Use.
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 contact@navi-savi.com or a letter to:
VoyagerHQ
c/o NaviSavi, LLC.
Attn: Legal Department
137 W 25th St. 11th floor,
New York, NY 10001
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.
17. Promotions
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
To the extent that you perform any work of any kind on behalf of us, you and we are independent contractors, and nothing in these Terms of Use creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms of Use. You may not assign these Terms of Use, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistently with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.
These Terms of Use is governed by the laws of the State of Nebraska, regardless of its conflicts of law rules. At NaviSavi’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or your use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nebraska law.
These Terms of Use, together with the Privacy Notice and any other legal notices published by NaviSavi on the Website, shall constitute the entire agreement between you and NaviSavi concerning the Platform except to the extent that any other agreement is signed by both you and NaviSavi.
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.
You represent that you are legally able to accept these Terms of Use. you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
19. Definitions
19.1. “Content” means all content available on the Platform, including but not limited to any of Your Content and all LB Content.
19.2. “Content Guidelines” means the terms within the Terms of Use that restrict what Content that may be uploaded to the Platform.
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 www.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.
19.17. “Term” means the period of time beginning on the Effective Date and ending upon the termination of these Terms of Use.
19.18. “Terms of Use” means our terms and conditions for users and Listed Businesses’ use of the Platform, which are located at NaviSavi.com/tos.
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 www.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.