Terms of Service

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Last modified: August 21, 2024

Welcome to The Navigation Fund’s website (“Website”). These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of any entity (“user” or “you”), and The Navigation Fund (“TNF”, “we”, or “us”) concerning your use of and access to this Website, including our Privacy Policy, and all information on or submitted through this Site.

1. Acceptance of Terms of Service

Please read these Terms of Service carefully before using the Site. By using the Website, you agree to be bound by these Terms, even if you are using the Site on behalf of a company, government agency, or other entity. If you do not agree to comply with these Terms of Service in their entirety, you are not authorized to use this Site. 

This Website is only available to users who are 18 years of age and older. If you are not at least 18 years old, you are not authorized to access or use the Website.

2. Changes to the Terms

The Navigation Fund reserves the right to change or modify these Terms at any time for any reason and without notice. Any changes or modification will be effective immediately upon posting of the revisions on the Site. When we revise these Terms, we will also revise the Effective Date above. 

Any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

3. Termination 

We reserve the right, in our sole discretion, to terminate the Website and these Terms at any time without notice for any reason, including, in the case of the Terms, for your violation of its provisions. We also reserve the right to terminate any user’s right to access the Web at any time without notice. If you violate any of these Terms, your permission to use the Website automatically terminates. 

4. Ownership 

We possess the ownership or hold the licenses for the text, content, images, software, code and designs on or used in the Website ("Our Content"), as well as our trademarks, logos, and other brand elements ("Marks"). The Website, Our Content and the Marks, are protected by U.S. and international law.

Reproduction, copying, or reuse of any of Our Content is prohibited without our written permission. Furthermore, you are not permitted to use the Marks in any manner whatsoever, including, without limitation, any manner that may lead to confusion about our association, sponsorship, or endorsement of any product or service or in any manner that disparages or discredits us. 

5. Information about You and Your Visits to the Website

We collect information about you in accordance with our Privacy Policy. By using the Website, you are accepting our Privacy Policy.

6. Links to Third Party Sites

The Website may contain links to other websites (“Linked Sites”). While we provide these Linked Sites as a convenience to you, we do not have any control over the content on the Linked Sites. Including a Linked Site on our Website does not mean that we endorse it or that we are affiliated with it. You agree that any visits to Linked Sites are governed by their terms and policies, and that you release us from any claims or disputes that may come from using the Linked Sites. 

7. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation or in any way that interferes with the proper working of the Website.

8. Liability Disclaimer

You use this Site and its services at your own risk. The Site and services are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we are not responsible for any loss or damage caused by viruses or other technologically harmful material that may affect your computer, computer systems, software, data, servers or other proprietary material.

Our company and its affiliates do not guarantee the accuracy, completeness, or usefulness of any content provided on the site or linked services. We disclaim any liability for errors, inaccuracies, personal injury, property damage, unauthorized access to our servers, interruption of service, or the presence of harmful components such as viruses.

You agree that any material or information obtained through the site is accessed at your own risk, and you are solely responsible for any damage that may result. No advice or information, whether oral or written, obtained through the site will create any warranty not expressly stated.

To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, punitive, or consequential damages, including loss of profits, revenue, or data, arising from your use of the site or services. 

Your sole remedy for dissatisfaction with the Website or its content is to stop using the Website.

9. Release and Indemnity 

You agree to release and waive any and all claims and liability against TNF and its affiliates arising from or in connection with your use of the Website. You also agree to indemnify and hold harmless TNF and its affiliates from any and all third-party claims, demands, damages, liabilities, costs, expenses, and fees, including reasonable attorneys’ fees, resulting from your use of the Website or any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you agree to cooperate fully in the defense.

10. Governing Law; Jurisdiction

These Terms are governed by the laws of the State of Delaware. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Delaware, City of Wilmington, in all disputes arising out of or relating to these Terms or the use of the Website (whether it be contractual or non-contractual). In addition, you waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

At TNF’s election, a dispute arising out of or relating to these Terms or the use of the Website shall be determined by binding arbitration under the Rules of Arbitration of the American Arbitration Association in Wilmington, Delaware. 

In addition, you agree that you may not be party to any class action claim brought against TNF in connection with these Terms or the use of the Website.

11. Notice to Users Outside the United States

We oversee the operation of this Site from our offices located within the United States. Should you decide to access this Site from regions outside the United States, you do so voluntarily, assuming any associated risks, and you are responsible for adhering to relevant local laws. It is prohibited to use or export any materials from the Site in violation of U.S. export regulations, laws, or the terms outlined herein.

12. Other Provisions 

We are not liable if we fail to comply with these Terms because of circumstances beyond our reasonable control. 

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and the remaining Terms will still apply. 

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. 

13. Your Comments and Concerns

This website is operated by The Navigation Fund.

All notices of copyright infringement claims should be sent to ops@navigation.org.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: ops@navigation.org.