Section 15 of these Terms contains a binding arbitration agreement and class action waiver. By agreeing to these Terms, you agree to submit disputes to individual arbitration rather than court, except in limited circumstances. You have 30 days to opt out.
Welcome to the Navi Platform!
These Terms of Use govern your access to and use of the Navi platform. Please read them carefully as they constitute a legally binding agreement between you and Bookmark'd, Inc. d/b/a Navi.
1. Accepting the Agreement
By accessing or using the Platform, clicking "I Accept," completing account registration, or accessing the Platform, you represent that:
You have read, understand, and agree to be bound by this Agreement
You are at least 18 years of age and not barred from using the Platform
You have authority to enter into this Agreement
2. Definitions
Account
Your legal relationship with Navi and authorization to use the Platform
Content
All information, data, text, images, and materials on the Platform
Platform
The Navi website, applications, and related services
User Content
Content shared by other users
Your Content
Content that you share on the Platform
Users
Individuals or organizations using the Platform
3. Your Account
Creating Your Account
You must be 18 years or older to use the Platform
You must not create an account using false information
You must not create an account if previously removed by Navi
Account Responsibilities
You are solely responsible for all activity on your account
You may not share your account or password with anyone
You may not have more than one account at any time
4. Fees and Payment
Payment of fees may be made through third-party payment processors. Your payment will be subject to the terms of the payment processor.
Note: Specific fee structures will be provided during the subscription process and detailed on your order form.
5. Content
Your Content Responsibilities
You may not share content that:
Is unlawful, threatening, abusive, harassing, defamatory, or fraudulent
Infringes intellectual property rights
Contains viruses or malicious code
Contains personal information like SSNs or medical records
Involves commercial activities like advertising or pyramid schemes
Important: Navi is not responsible for backing up your content. You should adopt reasonable measures to back up your data and ensure its accuracy.
6. License Grant and Ownership
Navi's License to You
Subject to your compliance with these Terms, Navi grants you a limited, royalty-free, worldwide, non-exclusive, non-transferable license to use and access the Platform for your personal use.
Your License to Navi
You grant Navi a worldwide, non-exclusive, royalty-free, transferable, sublicensable, irrevocable, perpetual license to use, reproduce, display, distribute, and create derivative works of your Content for providing and improving the Platform.
AI Training: Your Content may be used by Navi or third-party AI platforms to train, develop, and improve AI models and algorithms.
7. Acceptable Use and Monitoring
Prohibited Activities
You may not:
Sell, resell, lease, or distribute the Platform to third parties
Reverse engineer or decompile the Platform
Transmit viruses or harmful code
Use the Platform to develop competing products
Remove proprietary notices from the Platform
8. Third-Party Services
The Platform may contain links to third-party websites, applications, and services. Navi has no control over these services and does not assume responsibility for their content, privacy practices, or availability.
Disclaimer: We encourage you to review third-party services' terms of use and privacy policies before using them.
9. Indemnification
You must indemnify and hold harmless Navi and its affiliates against any losses resulting from third-party claims arising from:
Your Content
Your use of the Platform
Your violation of these Terms
Your violation of applicable laws
10. Warranties
Disclaimer
THE PLATFORM IS PROVIDED "AS IS" WITH ALL FAULTS. NAVI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Navi makes no warranty that the Platform will be secure, error-free, meet your requirements, or operate without interruption.
11. Limitation of Liability
Liability Cap
Navi's total liability will not exceed the greater of: (a) payments you made to Navi for the Platform, or (b) $100.
Excluded Damages
Navi will not be liable for special, incidental, indirect, exemplary, punitive, or consequential damages, including business interruption, loss of data, or loss of profits.
12. Disputes with Other Users
In the event of a dispute with another user, you should contact them directly to resolve the issue. Navi may assist in good faith but has no obligation to resolve disputes between users.
You release Navi from any claims arising out of disputes with other users or third parties.
13. Confidentiality
You must hold Navi's confidential information in confidence using commercially reasonable care and not use it except for Platform purposes. You may not disclose it to third parties without proper authorization.
14. Cancellation, Termination and Suspension
Your Rights
You may cancel your account at any time, which automatically terminates this Agreement.
Navi's Rights
Navi may suspend or terminate your access for:
Providing false or inaccurate information
Breaching these Terms
Security or integrity concerns
Risk of material harm to the Platform or other users
Effect of Termination: Upon termination, your right to use the Platform ends and Navi may delete your Content.
15. Arbitration Agreement
Important: Binding Arbitration
You and Navi agree to resolve disputes through binding individual arbitration rather than in court, except for small claims court cases and intellectual property disputes.
Key Points
No Jury Trials: You waive the right to a jury trial
No Class Actions: Claims must be brought individually, not as class actions
American Arbitration Association: Arbitration will be administered by AAA
Informal Dispute Resolution
Before arbitration, parties must participate in an Informal Dispute Resolution Conference within 45 days of notice.
30-Day Opt-Out Right
You may opt out of this arbitration agreement by sending written notice within 30 days of first becoming subject to these Terms. Send notice to: [address] or [email].
16. General Provisions
Governing Law
These Terms are governed by Delaware state law and the Federal Arbitration Act.
Electronic Communications
You consent to receive communications from Navi electronically.
Assignment
You may not assign these Terms without Navi's consent. Navi may freely assign them.
Updates
Navi may update these Terms. Continued use constitutes acceptance of changes.