Terms of Service
Acceptance of the Terms
These Terms of Service (“Terms”) are entered into by and between Newport Ventures, and any services offered via the Platform (as defined below) (“NVG,” “us,” “we,” or “our”), and you, a user of the Platform (“you”, “your,” or “user(s)”).
The NVG website, extension, app, and/or any public facing piece of technology of NVG shall be referred to collectively as the “Platform”.
These Terms, together with all documents, policies, and agreements referenced herein, govern your access to and use of the Platform, including any content, functionality, products, and services offered on or through the Platform, so please read them carefully before you access or use the Platform.
The Platform is offered and available only to users who are over the age of 18 and have the legal capacity to enter into a binding agreement. By using the Platform, you represent that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you.
EXCEPT AS REQUIRED BY LAW OR AS OTHERWISE STATED IN THESE TERMS, PAYMENTS ARE NON-REFUNDABLE, INCLUDING ALL FEES AND OTHER CHARGES. Notwithstanding the foregoing, we will refund your initial payment for a new subscription to access the Platform if within 72 hours of such payment you send a written refund request to firstname.lastname@example.org specifying the refund request, your name, your contact information, and your order ID. Failure to timely provide such request and all required information to us will result in your waiver of any applicable refund; provided, however, no refunds will be given for any initial payment that included a special offer, promotion, or discount. You agree we have sole discretion to determine whether your obligations provided in this section have been met and whether the refund will be provided.
For avoidance of doubt, no refunds will be given for any payments:
- Following the initial payment for a new subscription to access the Platform, which such refund for the initial payment is subject to the terms above.
- For special offers, promotions, or discounts.
- For a current month, or other longer payment period agreed to by us in writing, of services, even if a cancellation request is received during such month or other period. Once fees are owed for a given month or other period, they are deemed earned by us and owed by you.
If we provide a refund, we endeavor to process such refund within approximately 30 business days of our acceptance of the refund. A refund will be credited back to the same payment method used to make the original purchase.
YOU AGREE THAT ANY DISPUTE, CAUSE OF ACTION, OR CLAIM INITIATED BY YOU IN CONNECTION WITH ANY REFUND OR REQUEST FOR A REFUND IS FRIVOLOUS, GROUNDLESS, AND/OR IN BAD FAITH AND THAT WE WILL BE ENTITLED TO SEEK PUNITIVE DAMAGES IN ADDITION TO ALL OTHER REMEDIES AND YOU WILL BE RESPONSIBLE FOR ALL ATTORNEYS’ FEES IN CONNECTION WITH SUCH DISPUTE, CAUSE OF ACTION, OR CLAIM.
Fees and Payments
In order to use and access portions of the Platform and our services, you will be required to pay fees and other charges, and you agree to pay such fees and other charges, including taxes. Fees and charges in connection with the Platform and our services will be billed monthly in advance, unless otherwise specified by us in writing. The initial fees and charges for use and access to the Platform and our services will be due upon checkout, and you agree to pay such initial fees and charges at that time. The fees and other charges for the initial term of your use and access to the Platform and our services will be as set forth in the applicable order form. During any renewal term, fees and other charges will be adjusted to our then-current rates without notice, and you hereby agree to such adjustment to the fees and other charges.
Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
- We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your use of and access to the Platform and our services and to use to pay other services you may purchase.
- We may charge your selected method of payment at the time of checkout for any services offered on the Platform.
- YOUR PAYMENT METHOD AUTOMATICALLY WILL BE CHARGED AT THE START OF EACH MONTH, OR OTHER PERIOD AGREED TO BY US IN WRITING, WITHOUT FURTHER CONSENT FROM YOU FOR THE FEES AND OTHER CHARGES, INCLUDING TAXES, APPLICABLE TO THAT PERIOD.
- All of your purchases of our services are subject to our refund policy set forth in these Terms.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you in the applicable fee amounts together with all other applicable charges, including applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order.
You agree to your credit card information being shared with our third-party payment processor. By purchasing anything from the Platform you also agree to the terms and conditions of our third-party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and your use of or access to the Platform constitutes your agreement with our payment processor’s policies.
All prices, discounts, and promotions posted on the Platform, if any, are subject to change without notice. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Login, Sign-up, and Account Security
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. In order to complete your sign-up, we may require you to agree to Additional Agreements (as defined below). Upon sign-up NVG may assign you a username and password where required. You are entirely responsible for maintaining the confidentiality of your username, password, and account and for any and all activities that occur under your account. You agree to notify NVG immediately of any unauthorized use of your account or any other breach of security. NVG will not be liable for any losses you incur as a result of someone else using your username, password, or account, either with or without your knowledge. However, you could be held liable for losses incurred by NVG or another party due to someone else using your username, account, or password. You may not use anyone else’s account at any time without the permission of the account holder. We reserve the right to restrict or refuse sign-up or use of the Platform for any users of the Platform for any reason whatsoever and at any time. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Accessing the Platform
Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. We reserve the right to alter, modify, update, or remove the Platform, or portions thereof, and any service or material we provide on the Platform, in our sole discretion without notice at any time. We may conduct such modifications to the Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
In order to access some portions of the Platform or some services offered via the Platform, you may be required to agree and execute a services agreement or other relevant agreements (collectively, “Additional Agreements”) as required by NVG. The Additional Agreements should be read in conjunction with these Terms and may obligate you to additional responsibilities when using the Platform. If you wish to learn more about any NVG services, please contact us at email@example.com.
Reliance on Information Posted; Third-Party Links
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform may contain content from or links to third-party websites that are not owned or controlled by NVG. If the Platform contains links to other websites and/or resources provided by third parties, these links are provided for your convenience only. NVG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NVG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. In addition, NVG will not and cannot censor or edit the content of any third-party website. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By using the Platform, you expressly relieve NVG from any and all liability arising from your use of any third-party website.
Social Media Features
The Platform may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Platform, (b) send communications with certain content, or links to certain content, on the Platform, and/or (c) cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion and without any liability to you.
By accepting these Terms, we grant you a personal, non-exclusive, revocable, non-transferable, limited license to access the Platform as provided by us. This license is subject to your compliance with these Terms and any other Additional Agreements. Please be aware that this license does not grant you any ownership interest in any portions of the Platform or to any copyrighted content found on the Platform. Such copyrights and intellectual property rights are owned solely by NVG or its third-party licensors. Notwithstanding anything to the contrary in these Terms or any other Additional Agreements, we may revoke your license to access the Platform at any time and without notice.
Your Conduct While Using the Platform; Prohibited Uses
When accessing or using the Platform, you are solely responsible for your use and for any use of the Platform made using your account. You may use the Platform only for lawful purposes and in accordance with these Terms.
You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”.
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform.
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform.
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- You will not use the Platform to stalk, harass, bully or harm another individual.
- You will not hold NVG responsible for your use of the Platform.
- You will not violate any requirements, procedures, policies, or regulations of networks connected to NVG.
- You will not interfere with or disrupt the Platform.
- You will not use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- You will not use the Platform in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
- You will not use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- You will not use the Platform to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
- You agree not to use the Platform to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- You will not use the Platform to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- You will not use the Platform to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform, or expose them to liability.
- You will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- You will not otherwise attempt to interfere with the proper working of the Platform.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use the Platform may at our discretion be terminated or suspended without liability to you. Generally, we will provide an explanation for any suspension or termination of your use of the Platform, but NVG reserves the right to suspend or terminate any account at any time without notice or explanation.
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Contributions” throughout these Terms. All User Contributions must comply with the content standards set out in these Terms. You are solely responsible for any User Contributions you submit or contribute to the Platform, and you, not NVG, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Any User Contribution you submit to the Platform will be considered non-confidential and non-proprietary. When you submit any User Contributions to us, you grant NVG, its partners, affiliates, users, representatives, and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Contributions. Additionally, you agree that NVG may use User Contributions, in an aggregated form from which all personally identifiable information has been removed, for purposes of benchmarking system performance, preparing statistics and system metrics, marketing and other purposes. You represent and warrant that (a) you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns and (b) all of your User Contributions do and will comply with these Terms.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for NVG.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable Additional Agreements.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Platform.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms, your right to use the Platform will stop immediately and we will have no liability to you in connection therewith, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You are responsible for ensuring your use of the Platform is in accordance with any third-party rules and regulations. You represent and warrant that your use of the Platform and our services will not infringe or misappropriate the intellectual property rights of any third party.
The name “NVG,” the design of the Platform along with NVG created text, writings, images, templates, scripts, graphics, interactive features, product and service names, designs, slogans, and the trademarks, marks and logos contained therein (collectively, “Marks”) are owned by or licensed to NVG. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. NVG reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of any Marks, anything contained within the Platform, or the Platform itself unless we have given you express written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
If you wish to upgrade the services you are currently receiving from us, you can do so by submitting a request to firstname.lastname@example.org. All upgrades in services will be subject to additional fees and other charges determined by us unless otherwise stated by us in writing. Upgrades may require a modification of the frequency of payments owed to us as determined in our discretion. You may not downgrade services except with our written consent.
We may terminate your access to or use of the Platform and our services at any time and for any reason or no reason upon prior written notice to you (a “Termination for Convenience”), which such Termination for Convenience will become effective at the end of the then-current month or other applicable payment period unless otherwise specified by us in writing.
Failure to timely pay fees and/or other charges owed to us will result in immediate termination or suspension of your access to and use of the Platform and our services at our discretion without notice and without any liability to you or any third party.
Further, we may immediately terminate your access to and use of the Platform and our services without notice and without any liability to you or any third party if we determine that, among other things: (a) you have violated any applicable laws while using the Platform or our services, (b) you have violated these Terms, any other Platform policies, or any Additional Agreement, (c) you have used all credits purchased via the Platform, or (d) we believe that any of your actions may harm NVG or any person, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
You may cancel your use of the Platform and any services offered by contacting us at email@example.com. Your cancellation will take effect upon the next payment period. For avoidance of doubt, even if you cancel, you will still owe all fees and other charges for the current pay period. Upon cancellation or termination, you will not be entitled to any refunds or proration of any fees paid except as stated in these Terms.
Termination or cancellation for any reason shall not relieve you of the obligation to pay any amounts owed to us. Upon any termination or cancellation, you shall pay us all unpaid amounts owed to us, together with all applicable fees (including reasonable attorneys’ fees), costs, and expenses.
If you fail to make a payment when due, we also reserve the right to commence actions for collection of such balance, including sale of your balance to a collection agency. You shall be responsible for and we shall be entitled to receive from you all reasonable costs we incur in collecting any late payments from you, including reasonable attorneys’ fees.
Please be aware that upon termination, access to the Platform and our services will be immediately disabled and any User Contributions stored on the Platform may be deleted immediately.
WE TRY TO PROVIDE YOU ACCURATE DATA AND CONTENT AND KEEP THE PLATFORM SAFE, SECURE, AND PROPERLY FUNCTIONING, BUT WE CANNOT GUARANTEE ACCURACY OR THE CONTINUOUS OPERATION OF OR ACCESS TO THE PLATFORM. YOU AGREE THAT YOU ARE MAKING USE OF THE PLATFORM, ITS CONTENT, ANY INFORMATION FOUND WITHIN THE PLATFORM, AND OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES. NEITHER NVG NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER NVG NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
WHILE WE STRIVE TO PROVIDE A GREAT USER EXPERIENCE FOR ALL OF OUR USERS, NVG ASSUMES NO RESPONSIBILITY FOR THE TEMPORARY UNAVAILABILITY OF THE PLATFORM OR THE TIMELINESS, TRANSPORT, OUTAGE, DELETION, FAILURE TO DELIVER OR FAILURE TO STORE/RETRIEVE ANY USER COMMANDS, DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS IN CONNECTION WITH NVG. YOU AGREE THAT ANY INFORMATION MAY BE INACCURATE, UNSUBSTANTIATED, OR POSSIBLY EVEN INCORRECT. WE CANNOT GUARANTEE THAT USING THE PLATFORM WILL RESULT IN ANY BENEFITS OR POSITIVE RESULTS FOR YOU. UNLESS OTHERWISE STATED, YOU AGREE TO RELEASE US FROM ANY LIABILITY THAT WE MAY HAVE TO IN RELATION TO YOUR USE OF THE PLATFORM.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR OUR SERVICES IN THE 3 MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH LIABILITY AROSE.
You agree to defend, indemnify, and hold harmless NVG, its officers, directors, managers, employees, agents, licensors, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, awards, expenses, costs, debt, or fees (including but not limited to attorney’s fees) arising out of or related to: (a) your use of or access to the Platform, (b) your violation of any term of these Terms, (c) any claim that your use of the Platform harmed a third party, (d) any use of the Platform’s content, services, or products other than as expressly authorized in these Terms, or (e) your use of any information obtained from the Platform. This defense and indemnification obligation will survive these Terms and your use of the Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this section, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Class Action Waiver
You and NVG agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
We are based in the State of California in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction, including any international treaty).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of Orange County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You affirmatively opt out of all applicable international treaties related to the subject matter of this section.
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in accordance with the then existing JAMS Comprehensive Arbitration Rules & Procedures (published online at https://jamsadr.com/rules-comprehensive-arbitration). The laws of the State of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No Third-Party Affiliation
NVG is in no way affiliated or connected with any other organization or party, including LinkedIn. By using the Platform, you agree that we are not responsible for any losses or liabilities incurred, including the imposition of restrictions or penalties by third parties including platform providers like LinkedIn.
You agree that our obligations to you may be suspended or delayed if we are unable, wholly or in part, to fulfill such obligations as the result of events beyond our reasonable control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemic, epidemic, internet failure, any unauthorized server or computer violation or other security violation, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our reasonable control.
In the event that a provision of these Terms is found to be unlawful or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms or any other agreement you may have with NVG are deemed to conflict with each other’s operation, you agree that NVG shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Waiver of any provision of these Terms shall be effective only if waived by us in writing. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
The communications between you and NVG use electronic means, whether you visit the Platform or send NVG emails, or whether NVG posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from NVG in an electronic form and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that NVG provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a writing via non-electronic means. The foregoing does not affect your statutory rights.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Any provision of these Terms that, by its nature, would survive your use of the Platform or termination of these Terms, shall survive any such use or termination.
If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which states “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notices:
- Our address is 116 Park Street #4, Brookline, MA 02446, and our phone number is (617) 694-0699.
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms were last updated on May 7, 2021