Navi Terms of Use

Updated: January, 25 2025

Welcome to Navi. Navi's mission is to enhance your safety by providing real-time alerts, crowd-sourced hazard reporting, recommended routing and other valuable information. We gather content for the Navi experience through real-time usage and reporting from users, direct connections to public safety organizations, and other established data sources to help users avoid unsafe situations and stay informed. By becoming part of the Navi Community of users, we will make the world safer, together.

These Terms of Use, along with any other supplemental terms that are incorporated by reference or may be presented to you for your review and acceptance (collectively, the “Terms”), are between you and Navi Technologies, Inc., including its subsidiaries and affiliated entities under common ownership and control (“Navi”). These Terms govern your access to and use of the Navi website (www.navi.app) (“Website”), the Navi mobile and web application (“App”), as well as all related content, features, applications and other services, including without limitation any new features and applications as may be offered from time to time (collectively, the “Services”). For purposes of these Terms, “Content” refers to any materials uploaded, downloaded, or appearing on the Services, such as photos, videos, information, hazard reporting, incident alerts, text, graphics, or other materials or content.

To access and use our Services and Content, you must accept and comply with these Terms. By using the Services, you agree to be bound by these Terms.

The Terms require that disputes be resolved through individual arbitration, rather than jury trials or class actions. This also limits the remedies available to you in the event of a dispute. Section 14 (Governing Law and Dispute Resolution) provides more information.

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1. BASIC TERMS AND RISK ASSUMPTION

A. RISKS AND USER CONDUCT

YOU UNDERSTAND AND AGREE THAT USING THE SERVICES AND/OR CAPTURING CONTENT FOR THE SERVICES MAY BE RISKY. YOU CHOOSE TO PARTICIPATE IN THESE ACTIVITIES VOLUNTARILY AND ASSUME ALL ASSOCIATED RISKS. YOU UNDERSTAND AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS INVOLVED IN THE ACTIVITIES YOU MAY ENGAGE IN; (2) YOU SHOULD NOT TRAVEL TO OR STAY IN AN AREA DURING, BEFORE, OR AFTER A CRIME OR OTHER DANGEROUS SITUATION OCCURS, AND THAT NAVI CANNOT CONTROL HOW YOU GATHER CONTENT; (3) IF YOU ARE INJURED OR SUFFER OTHER DAMAGES, YOU ARE SOLELY RESPONSIBLE, AND NAVI IS NOT LIABLE FOR ANY COMPENSATION; AND (4) YOU WILL NOT INCITE, ENCOURAGE, CAUSE, OR ENGAGE IN ANY CRIMINAL, HAZARDOUS, ILLEGAL, OR UNSAFE ACTIVITIES WHILE USING THE SERVICES OR ATTEMPTING TO OBTAIN OR PROVIDE CONTENT.

The Services and Content are only accessible to individuals who are at least 18 years old, of sound mind, capable of entering into a binding contract with Navi, have not been previously suspended or banned from using the Services, and not prohibited by the laws of the United States or other applicable jurisdictions from receiving or using the Services. If you are using or accessing the Services and Content on behalf of a company, organization, government, or other legal entity, you must have the authority to do so and bind the entity to these Terms. All use and access must comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

B. Right to Change Services or Terms

Navi reserves the right to modify or discontinue, temporarily or permanently, the Services (or any features within the Services) at any time, without prior notice. This includes creating limitations on use or access to Services and/or Content, or suspending or terminating your access at Navi's sole discretion. Navi may also update the Services, which might require you to update third-party software. We will not have any liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to stop using the Services.

We may change these Terms at any time. The changes will be effective once we post a notice on the Navi website (www.navi.app) or within the app. The most recent version of the Terms is available on the website and will be effective as of the date listed there. If you disagree with any changes, you should stop using the Services. If you continue to use the Services after such changes have become effective, you will be deemed to have accept the changes, to the extent permitted by law.

C. Service Features and Navi Advertisements

To optimize the Services and Content, we recommend that you enable specific settings on your mobile device. For instance, we recommend that you permit the App to send push notifications and grant it access to your device's location and camera. Allowing the App to access your location even when not in useis essential for full functionality, including sending push notifications about nearby incidents. Failure to enable these settings may limit the app's functionality and your access to its features.

You must also ensure that you possess the necessary equipment and operating systems to connect to the Service and access the Content, including a compatible mobile device for the App. You are responsible for any costs incurred from your internet or mobile service provider while utilizing the Services and Content.

The Services and Content may display advertisements for Navi's products and services. These advertisements may be based on the Content, your location, your usage of the Services, information about the Services, your search history, or other information you have provided or that is publicly available. In exchange for utilizing the Services and Content, you consent to Navi displaying these advertisements on the Services, or with the Content, regardless of whether it belongs to you or another party. For further information regarding your privacy and how Navi Technologies, Inc. utilizes your information, please refer to our Privacy Policy.

D. Communications

As part of signing up for the Services, you consent to receiving a one-time text message containing a short code. If you encounter issues or want to stop receiving messages, reply with "STOP" or contact [email protected]. Note that Navi and mobile carriers are not responsible for delayed or undelivered messages, and standard messaging and data rates may apply.

Unless you are in a jurisdiction requiring express consent, by agreeing to these Terms, using the Services, or accessing Content, you consent to receiving communications from us and our affiliates through various channels, including email, text, calls, in-app messaging, and push notifications. You acknowledge that these communications may be automated and may include operational messages, updates, marketing communications, promotions, news, and industry developments, as detailed in our Privacy Notice. Standard text messaging charges may apply.

Additionally, Navi may send you service-related announcements and administrative messages, which are considered part of the Services. You may not be able to opt out of these messages and continue using the Services and accessing the Content.

E. Privacy

Our Privacy Notice is hereby incorporated into and forms an integral part of these Terms. Please read this notice carefully as it describes how we collect and use your personal information. This includes both information you give us and information we collect from your use of our Services. By using our Services and accessing Content, you agree to this collection and use, including its transfer to the United States and/or other countries for storage, processing, and use by Navi, unless you reside in a jurisdiction that requires express consent.

2. SERVICE ACCESS

You are responsible for protecting your mobile phone number, username, and any other login information used to access or post Content to the Services. This includes taking precautions to prevent unauthorized use of your account. Navi is not responsible for any loss or damage caused by unauthorized access to your account due to your failure to protect your device and login information.

3. CONTENT ON THE SERVICES

The content provided within the Services is the exclusive responsibility of its creator. While we may monitor or control Content, we assume no responsibility for it. Utilizing or relying upon Content obtained through the Services is at the user's own risk.

We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications within the Services, nor do we endorse any opinions expressed therein. Users may be exposed to offensive, harmful, inaccurate, or inappropriate Content, including mislabeled or deceptive Content. While we request that users refrain from posting gratuitous Content, the nature of the Services may expose users to offensive material. Each user must evaluate and bear all risks associated with using the Services and accessing Content, including reliance on its accuracy, completeness, or usefulness.

Navi is not liable for any Content, whether created or modified by Navi, including errors or omissions, or any loss or damage incurred as a result of using the Services or accessing or using any Content posted, emailed, transmitted, or otherwise made available via the Services or distributed elsewhere.

4. CONTENT RIGHTS

By submitting, posting, or displaying Content on or through the Services, you grant Navi a worldwide, unlimited, non-exclusive, perpetual, unconditional, irrevocable, assignable (without consent), sublicensable (without consent and through multiple layers of distribution), royalty-free, fully paid up license to use, copy, reproduce, exploit, create derivative works based on, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).

Subject to the license granted in this Section 4, you retain all other right, title, and interest in and to your Content; provided, however, that (1) you will not post any Content to a site or service that is competitive with the Services; and (2) you will not enter into any agreement with a third party for any of your Content that conflicts with these Terms or limits Navi’s right and license to the Content.

You agree that this license to Navi includes the right for Navi to use, license, reproduce, and exploit for any purpose any Content you submit, post, transmit, or otherwise make available through the Services in its sole discretion, and to make Content submitted to or through the Services available to other companies, organizations, or individuals, for any purpose, including, without limitation, the syndication, broadcast, distribution, monetization, or publication of such Content on other media and services. Such uses by Navi, or other companies, organizations, or individuals shall be made with no compensation paid to you with respect to your Content unless otherwise expressly agreed in writing.

Navi (including our licensees and/or sublicensees) may modify or adapt your Content for any reason in our sole discretion, including as we deem necessary to transmit, display, or distribute it over computer, broadcast, wireless, wireline, and other distribution networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media. We will use reasonable efforts not to intentionally alter the meaning or context of the Content when doing so. We also have the right to do any of the foregoing with respect to any derivative works that we make (or that others might make with our permission) in respect of the Content.

You are responsible for your use of the Services, for any Content you access, submit, post, transmit, or otherwise make available through the Services, and for any consequences thereof, including the use of your Content by other users and any third parties. You understand that your Content may be syndicated, broadcast, distributed, exploited, copied, or published by our licensees and sublicensees, and that if you do not have the rights and license to submit Content for such use, you may be subject to liability, including indemnification of Navi for any third party claims relating to such Content you submit. Navi will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit, post, transmit, or otherwise make available through the Services. You also represent and warrant that none of your Content, your use and provision of Content to be made available through the Services, or any use of your Content by Navi on or through the Services will be libelous or defamatory, or infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule, or regulation.

5. CONTENT RESTRICTIONS AND SERVICE USE

We reserve the right to remove or refuse to distribute any Content on the Services, and to suspend or terminate your use of the Services, at any time without notice or liability. You are prohibited from providing Content that violates any of these requirements:

Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, or publicity rights;
Promotes discrimination, hatred, or harm against any individual or group;
Is defamatory, pornographic, or intentionally or gratuitously vulgar or offensive; or
Is harassing, abusive, constitutes spam, or is otherwise inconsistent with the purposes for which Navi makes the Services available.

We reserve the right to access, read, alter, preserve, retain, and disclose any Content or other information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety and security of Navi and its partners, licensees, users, and the public.

The following actions are strictly prohibited while accessing or using our Services or Content:

Accessing, tampering with, or using non-public areas of the Services, Navi's computer systems, or the technical delivery systems of Navi's providers.
Probing, scanning, or testing the vulnerability of any system or network; breaching or circumventing any security or authentication measures.
Accessing or searching, or attempting to access or search, the Services by any means (automated or otherwise) other than through currently available, published interfaces provided by Navi (and only pursuant to applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Navi. Scraping the Services without Navi's prior consent is expressly prohibited.
Forging any TCP/IP packet header or any part of the header information in any email or posting, or using the Services to send altered, deceptive, or false source- or location-identifying information.
Interfering with or disrupting (or attempting to do so) the access of any user, host, or network, including, but not limited to, denial of service attacks, sending a virus, overloading, flooding, spamming, spoofing, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Using, displaying, mirroring, or framing the Services or any individual element within the Services or Content, Navi’s name, any Navi trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Navi’s express written consent.
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Navi or any of Navi’s providers or any other third party (including another user) to protect the Services or Content.
Attempting to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Navi or other generally available third-party web browsers.
Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
Using any meta tags or other hidden text or metadata utilizing a Navi trademark, logo, URL, or product name without Navi’s express written consent.
Using the Services or Content that you did not post, or any portion thereof, for any editorial or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
Using any Content that has a legend, watermark, or other proprietary mark or symbol to denote that it is not licensed for further use or copying.
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
Collecting, submitting, sharing, or storing any Personal Information from other users of the Services without their express permission.
Violating any applicable law, rule, or regulation.
Engaging in any activity that is a violation of the Terms, such as inciting, encouraging, causing, or engaging in any criminal, hazardous, illegal, or otherwise unsafe activity in connection with your use of the Services or Content.
Encouraging or enabling any other individual to do any of the foregoing.

Your failure to comply with the provisions set forth above may result (at Navi’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

6. SERVICES USE

Navi grants you a personal, non-transferable right to access and use the Services for the sole purpose of using the App and accessing and submitting Content, as permitted by these Terms. This includes the right to post Content in accordance with Section 4. If you pay for a subscription to access Premium Service(s), you will also have access to additional features and functionality.

If you access the App through or download it from the Apple App Store, you may only use it (a) on an Apple-branded product that runs iOS; and (b) as permitted by the Apple App Store Terms of Service. If you access the App through or download it from the Google Play Store, you may have additional license rights to use the App on a shared basis within your designated family group.

7. SERVICES OWNERSHIP

The Services remain the exclusive property of Navi and its licensors, and are protected by copyright, trademark, and other applicable laws. All rights not expressly granted in these Terms are reserved by Navi. Any feedback or suggestions you provide (“Feedback”) are voluntary, and Navi is shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purpose, commercial or otherwise, without any notice, compensation, acknowledgment, or other obligation to you, even after your relationship with the Services ends.

8. SUSPENSION OR TERMINATION

The Terms shall remain in effect until terminated by either you or Navi as set forth below. In the event that Navi suspends your access to the Services, you agree that Navi shall have no liability or responsibility to you, and Navi will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Nothing in this section shall affect Navi’s rights to change, limit, or stop the provision of the Services without prior notice, as provided herein.

A. User Termination Policy

You may terminate these Terms with Navi at any time and for any reason by deactivating your account and discontinuing your use of the Services. To deactivate an account, you should navigate to "App Settings" in the App or contact Navi via the support center within the Services or at [email protected].

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To terminate Premium Services, you may contact Navi via the support center within the Services or manage your subscriptions in the applicable App Store. Currently, this can be done by (i) logging into and navigating to the "Manage App Subscriptions" page in the Apple App Store or the "My Apps" page in the Google Play Store app or (ii) visiting the Navi Website; however, this subscription management process may be subject to change. The subscription management functions in the Apple App Store and Google Play Store may allow the User to adjust their account settings to prevent automatic subscription renewal or to change or cancel their subscription. Unless you cancel your subscription in accordance with Section 7(B) (Automatic Renewal for Premium Services), the Services will continue, and you will continue to be charged the Service Subscription Fee, at the end of each subscription period.

B. Navi Termination Policy

We retain the right to suspend or terminate your account, or to cease providing all or a portion of the Services at any time and for any reason. These reasons may include, but are not limited to, instances where we reasonably believe that: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; (3) your use of the Services poses a risk to your security or to the security of our other users; or (3) our continued provision of the Services to you is no longer commercially viable. In such an event, we will make reasonable efforts to notify you by the email address associated with your account, or through the Services the next time you attempt to access your account.

In the event that timely payment cannot be charged to your Payment Provider for any reason, or if you have materially breached any provision of these Terms, or if Navi is required to do so by law, Navi retains the right to, immediately and without notice, suspend or terminate any Premium Services or other Services provided to you. You acknowledge that all terminations for cause shall be made in Navi’s sole discretion and that Navi shall not be liable to you or any third party for any termination of your account.

C. Survival

If either you or Navi terminates your account, these Terms, including your license to use the Services, will end, except for the following sections, which will remain in effect: 1, 3, 4, 6, 8(C), 9, 10, 11, 12, 14, and 16.

10. ADDITIONAL SERVICE TERMS

The Services may connect you with 911 emergency dispatch services, other Navi users, and other relevant service providers to request assistance from applicable first responders (“Responders”). Additionally, the Services have other important features and limitations, which are described below.

A. Reliance on External Information

Navi will utilize information provided by you, information generated by your mobile device, and publicly available information in an attempt to respond to an emergency situation. The Services include a variety of features intended to assist you; however, none of them are infallible.

For example, upon your request, Navi may use publicly available information online to try to find a different, safer location that can help Responders help. Additionally, Navi may share your location with other Navi users when requested. We cannot guarantee the safety of such locations or that such locations will be open or available.

Neither Navi, nor any Navi user is liable for any action, omission, or failure to act in response to a Navi notification or other event. The Services are not intended as emergency services and should not be treated as such.

B. Angel Alert Feature

With Angel Alert, your mobile device can automatically connect with your contacts and nearby Navi users. Note that Navi will not directly connect you with emergency services, but may send communications that could prompt a connection with local authorities.

To benefit from Angel Alert, you must activate it. However, Navi is not responsible for events that may occur if no one is present to assist you. Additionally, Navi is not responsible for the conduct of nearby users. You should use your own judgment when making an Angel Alert request and treat the situation as if you were calling for help and a nearby stranger or strangers arrived. Nearby users are not Navi employees; they are simply other users like yourself. Consider waiting for Responders before asking for or accepting help from nearby users.

When responding to an Angel Alert, please note that officials may not view your response as helpful and that it could potentially put you and others at risk. Providing services or care to another user during a public incident is solely at your own risk. Please refrain from physical intervention and wait for emergency responders. DO NOT PUT YOURSELF OR ANOTHER USER IN DANGER WHEN RESPONDING. You are responsible for complying with all applicable laws and regulations, and for responding to and complying with any officials, such as the police.

WE CANNOT GUARANTEE THE PERFORMANCE OF THE ANGEL ALERT OR RESPONDER THAT MAY ARRIVE AS A RESULT OF THE SERVICES.

11. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

Kindly review this section with care as it restricts the liability of Navi and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Navi Entities”). Each of the subsections below applies to the fullest extent permissible under applicable law. Nothing herein intends to limit any rights you may possess that may not be lawfully limited.

A. AS-IS SERVICES

ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE NAVI ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NAVI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Navi does not guarantee, and disclaims all responsibility and liability for: any Content's completeness, accuracy, availability, timeliness, security, or reliability; any harm to your computer system, mobile device, data loss, or other harm resulting from your use of or access to the Services, or any Content; the deletion of, failure to store, or failure to transmit any Content and other communications maintained by the Services; or any claim that the Services do not meet your requirements or are unavailable on an uninterrupted, secure, or error-free basis. You will not receive any warranty from the Navi Entities or through the Services, except as expressly provided herein, whether oral or written.

Navi may periodically offer new beta features or tools for users to experiment with. These experimental features are provided without any warranty and may be changed or discontinued by Navi at any time.

B. USER RESPONSIBILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FREE TO TAKE ANY ROUTE TO YOUR DESTINATION AND NAVI IS NOT LIABLE FOR THE PUBLIC OR USER CONTENT OR ACTIONS BY OTHERS, INCLUDING NAVI USERS OR THE PUBLIC.

YOU AGREE THAT NAVI IS NOT REQUIRED TO MAKE A RESPONSE CONDITION TO A PUBLIC INCIDENT. YOU AGREE THAT NAVI IS NOT RESPONSIBLE FOR THE ACTIONS OF OTHER NAVI USERS RESPONDING TO SUCH PUBLIC INCIDENTS.

YOU ACKNOWLEDGE AND AGREE THAT NAVI PROVIDES THE SERVICES AS A PLATFORM FOR COMMUNICATION OF HAZARDS AND ROUTING AND IS NOT LIABLE FOR THE CONTENT OR ACTIONS OF OTHER NAVI USERS IN THEIR USE OF, ACCESS TO, AND POSTING OF CONTENT ON THE SERVICES.

YOU ACKNOWLEDGE THAT THE INFORMATION FROM THE APP MAY LEAD TO A RESPONSE CONDITION OR NEARBY USER REQUEST ARE FREQUENTLY INHERENTLY DANGEROUS, FOR INSTANCE, MEDICAL OR LAW ENFORCEMENT EMERGENCIES. SUCH SITUATIONS CAN RESULT IN PROPERTY DAMAGE, SUBSTANTIAL BODILY HARM, OR DEATH, AND A PROMPT RESPONSE IS CRUCIAL. YOU FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS ASSOCIATED WITH USING THE SERVICES IN RESPONSE TO SUCH EVENTS.

C. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAVI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATED TO: (1) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAVI SHALL NOT BE LIABLE FOR ANY DEATH, BODILY HARM, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICES.

THE AGGREGATE LIABILITY OF NAVI ENTITIES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) UNDER ANY CIRCUMSTANCES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT YOU SUBSCRIBE TO THE PREMIUM SERVICES, AND IF GREATER, THE AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU PAID FOR SUCH SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO THE LIABILITY.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ALL THEORIES OF LIABILITY, INCLUDING BUT NOT LIMITED TO THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, AND NEGLIGENCE, REGARDLESS OF WHETHER OR NOT ANY NAVI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

D. CONNECTIVITY & LOCATIONAL LIMITATIONS

Due to the potential for service interruptions, outages, or poor connections on phone lines, internet service providers, mobile carriers, or other communication systems, none of which are within the control of Navi, your connection to the Premium Services cannot be guaranteed. Similarly, Navi will not be liable to you if your mobile device is out of the service area of the network provider. Navi is not responsible for, and shall have no liability with respect to, service interruptions, outages, or failures of your telephone, mobile, or data service.

Navi is not responsible if emergency responders are unable to locate you, whether because you have not enabled the GPS functionality of or location services on your mobile device or there is a failure, error, or lack of specificity in the transmission of GPS information, or otherwise.

11. INDEMNITY

You agree to indemnify, defend, and hold the Navi Entities harmless from and against all third-party claims, that arise from or are connected to: (a) your access, use, or reliance on the Content or Services; (b) your conduct with other users, including public incidents on the Services; (c) your Content; or (d) your violation of these Terms.

12. RELEASE

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE NAVI ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING FROM OR RELATED TO LOSS, DAMAGE, INJURY, DISEASE, OR DEATH THAT YOU MAY EXPERIENCE WHILE USING OR CAPTURING CONTENT FOR THE SERVICES. THIS RELEASE SHALL EXTEND TO YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, AND OTHER AFFILIATED OR INTERESTED PARTIES.

You hereby waive and relinquish any and all rights and benefits that may be conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. This includes all rights and benefits that you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including, but not limited to, Missouri, Delaware, Georgia, Louisiana, Montana, Oklahoma, Wisconsin, and Pennsylvania), to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Terms are intended to be as broad and inclusive as is permitted by law, and shall serve as a complete and continuous release and waiver of liability for any and all use of the Services.

13. INFRINGEMENT AND DMCA NOTICE

Navi respects the intellectual property of others and expects its users to do the same. If you believe a Navi user is infringing on your copyright or the copyright of a third party, please notify Navi in writing at the following address: NAVI TECHNOLOGIES, INC. 2093 PHILADELPHIA PIKE #7421, CLAYMONT, DE 19703 or email [email protected].

Navi requires that each notification of claimed copyright infringement include the following:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work(s) that you claim has been infringed;
Identification of the allegedly infringing Content and information that will allow Navi to locate the Content;
Your contact information, including your address, telephone number, and email address;
A statement that you have a good faith belief that the use of the Content is not authorized; and
A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Navi has the right to remove any Content that is alleged to be infringing and may terminate the account of any user who infringes the intellectual property rights of another person or entity. Navi may exercise these rights in its sole discretion and without prior notice.

14. GOVERNING LAW AND DISPUTE RESOLUTION

A. DISPUTE RESOLUTION

The laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state, shall govern these Terms and the relationship between you and Navi. For residents of Canada, Canadian consumer protection and data privacy laws may supersede any conflicting terms in these Terms. Any and all disputes between you and Navi arising under or related in any way to these Terms must be resolved through binding confidential arbitration as described in this section, except for claims by Navi of infringement or misappropriation of Navi’s patent, copyright, trademark, or trade secret. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, all claims and disputes relating to Content and your use of the Services.

B. ARBITRATION

BY ENTERING INTO THESE TERMS, BOTH PARTIES AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION. ALL CLAIMS BROUGHT AGAINST EACH OTHER SHALL BE DONE SO ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION SHALL TAKE PLACE ON A CONFIDENTIAL, INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Any and all disputes, claims, or causes of action between you and Navi, its employees, agents, successors, or assigns, arising from or relating to the Content, the Services, or these Terms, including the interpretation and scope of this arbitration clause and the arbitrability of the dispute, shall be resolved exclusively through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thereby waiving your right to litigate your rights in a court of law. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

Both parties agree that any claims brought must be on an individual basis, not as part of a class action. The arbitrator cannot consolidate claims, preside over class actions, or award class-wide relief. If arbitration costs are prohibitive, we will cover the necessary fees to ensure it's not more expensive than litigation. We retain the right to assume all arbitration costs at our discretion. The arbitrator must respect legal privileges and privacy, and their award is final and enforceable in court. They can award any individual relief allowed by law. Each party pays their own legal fees unless a statute dictates otherwise, in which case the law determines the awarded fees.

Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration section as included in these Terms, any such termination shall not be effective until thirty (30) days after the version of these Terms not containing such section is posted to the Services, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on the AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

15. APP MARKETPLACES

The following applies to users who download the application from the Apple App Store or Google Play Store, hereinafter referred to as "App Marketplaces". To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Marketplaces in connection with the Service, including the App. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Marketplace when using any Service, including the App. You acknowledge that the App Store and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce them.

You acknowledge that these Terms are exclusively between you and Navi, and not the App Marketplaces. Navi bears sole responsibility for the App and its content. You are obligated to adhere to the App Marketplace Terms of Service when using the App.

The App Marketplaces have no obligation to furnish maintenance or support for the App. In the event that the App does not meet any applicable warranty, you may notify the App Marketplace for a refund of the purchase price. The App Marketplace has no other warranty obligations for the App; any other warranty claims are the responsibility of Navi.

The App Marketplaces are not responsible for addressing any claims related to the application or your use of it, including product liability, failure to conform to laws, or consumer protection claims. In the event that a third party claims that the application infringes on their intellectual property rights, Navi, not the App Marketplaces, is responsible for handling the claim.

The App Marketplaces and their subsidiaries are third-party beneficiaries of these Terms as they relate to your license to use the App. Upon your acceptance of these Terms, the App Marketplaces have the right to enforce them against you as they pertain to your App license.

You must also comply with any applicable third-party terms when using the App.

16. OTHER GENERAL TERMS

Navi's failure to enforce any right or provision in these Terms doesn't waive that right or provision. If any provision is invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, leaving the rest in effect. Unless stated otherwise, exercising any remedy under these Terms doesn't prejudice other remedies. You can't assign or transfer these Terms without Navi's written consent, and any attempt is void. Navi can assign or transfer these Terms freely. These Terms are binding and benefit the parties, successors, and allowed assigns.

Notices or other communications given by Navi under these Terms, including those regarding modifications to these Terms, will be provided either via email or by posting to the Services. For notices provided via email, the date of receipt will be deemed the date on which such notice is transmitted. Your continued use of the Services constitutes your acceptance of any notices given by Navi.

These Terms and our Privacy Notice constitute the entire and exclusive agreement between you and Navi regarding the Services, and supersede and replace any prior agreements between you and Navi regarding the Services and Content, except for services for which you have a separate agreement with Navi that is explicitly in addition to or in place of these Terms.

These Services are operated and provided by Navi, Inc., mailing address NAVI TECHNOLOGIES, INC. 2093 PHILADELPHIA PIKE #7421, CLAYMONT, DE 19703. For any questions please email [email protected].

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