Privacy and Security Policy
We at Nava New York (“Nava,” “we,” us,” “our”) have created this privacy statement to demonstrate our absolute commitment to the privacy of our customers and visitors. The following information fully discloses our data gathering and dissemination practices for our website, NavaNY.com (the “Site”).
We collect certain information when you visit this website to improve the quality of your experience. The information we collect depends upon where you navigate within our site. Anytime you visit our site to browse, to read, or to download information, such as our press releases, we collect and store the name of the domain and host from which you access the Internet (for example, msn.com, aol.com, etc.); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the web site from which you linked directly to our site.
We use this information to track the number of visitors to areas of our site and to help us make our site more useful and interesting to our visitors.
If you choose to purchase a product from us, we shall collect your personally identifiable information, such as your name, e-mail address, billing postal address, shipping postal address, telephone number, credit card number, and credit card expiration date ("Purchase Information") in order to properly process your order. You cannot modify or remove your Purchase Information (including when you cancel or return your product order), because it is necessary for Nava to maintain a record of your initial product purchase for accounting and tax purposes.
When Do We Share Information?
Links to Other Sites
Our site contains some links to other sites and we are not responsible for the privacy and/or information-sharing practices or the content of such web sites.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. All credit card information utilizes state-of-the-art Secure Socket Layer (SSL) encryption technology and SET compliant. Nava shall not be held liable for any unauthorized use of your credit card information on the Site.
How we Protect the Information
We take commercially reasonable steps to protect Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, we cannot guarantee the total security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Site may not be secure, and you are solely responsible for deciding what information you send to us via e-mail and agree to assume any and all risks associated with your correspondence with Nava.
Notice to Non-U.S. Residents
- Description and Use of Our Websites
We provide Users with access to the Site as described below, and make the following distinctions between Users:
A Visitor is a User who has not created an Account with Nava. Without logging into the Site, a Visitor may: (i) view all publicly-available content on the Site; and (ii) e-mail us.
A Member is a User who has created an Account with Nava and may log in to the Site. A Member may: (i) view all publicly-available content on the Site, (ii) e-mail us, (iii) purchase products and services through the Site; (iv) access exclusive content available only to Members; (v) create, access, manage, and update his or her own personal accounts on the Site; (vi) post comments and other content on the Site.
- Site Guidelines
By accessing and/or using the Site, you agree to comply with the following Site Guidelines (the “Site Guidelines”):
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
-- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
-- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
-- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
Access to the Site is restricted to individuals aged 13 years or older.
- Sign-In Name; Password; Unique Identifiers
If you are a Member, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you shall provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password and Unique Identifiers shall be used by only one Member. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You shall promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Nava will not be liable for any loss or damage caused by any unauthorized use of your account.
- Fees and Payment
As consideration for any purchase you make on the Site, you shall pay Nava all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provide during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Nava to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
Our policies regarding shipping, returns, and international orders can be found on the Site and are hereby incorporated by reference. You are solely responsible for reviewing said and policies.
- Intellectual Property
The Site contains material including but not limited to software, text, graphics, images, designs, sound recordings, audiovisual works, and other works provided by or on behalf of Nava (collectively referred to as the “Content”). The Content is protected under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited without Nava’s prior written consent.
The trademarks, service marks, and logos of Nava (the “Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Nava. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific to each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Nava Trademarks inures to our benefit.
None of the Content may be retransmitted without our express, written consent for each and every instance.
- Communications With Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in or derived from your communications for any purpose whatsoever including but not limited to the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
- No Warranties; Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXCLUDING THOSE EXPLICITLY SET FORTH HERE OR ELSEWHERE ON THE SITE, AND INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK;
(II) WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND,
(IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM.
IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
- External Sites
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others outside the scope of Nava’s agency. You are solely responsible for contacting the site administrator or webmaster for any such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You are solely responsible for taking precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Content or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Jurisdiction and Applicable Law
- Termination of the Agreement
We reserve the exclusive right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
- Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, or the Site (each, a “Dispute”), Nava reserves the right to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF NAVA EXERCISES ITS RIGHT TO ARBITRATION, YOU WAIVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York, New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York. In addition, we may litigate in court to seek injunctive relief.
- Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings herein are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2016 Nava Pearls LLC, All rights reserved.