Section 1. Agreement (“Agreement”)
I (hereinafter referred to as “I,” “Me,” “Customer,” or “My”) acknowledge that by enrolling in the Nav Certification Course (“Course”) offered by Nav Technologies, Inc. (“Nav”), I accept and agree to the terms and conditions of Nav’s Certification Course Agreement as set out in this Agreement, on My behalf and the entity on behalf of which I am acting in an official capacity, if any. I acknowledge that those persons (including Me), who are enrolled in the Course will be referred to throughout this Agreement as “Participant”.
Section 2. Program.
2.1 Nav reserves the right to accept or reject a Participant in the Course at its sole discretion and may remove a Participant’s access at any time and for any reason, in addition to the violations listed in Section 7.
2.2 No part of the provision of the Course shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
2.3 Although Nav aims to provide the Course to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the program or Course materials and any reliance by Customer on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
2.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) shall apply to the Course.
2.5 I acknowledge and agree that the Course meets My needs. Nav does not make any guarantee to Me that I will obtain a particular result, professional qualification or employment opportunity from My purchase and completion of any of the Course. Further, I acknowledge and agree that Nav is not an accredited educational institution and that the Nav Certified Credit & Lending Specialist certification (“Certification”) awarded upon completion of the Course is not a professional qualification and holds no monetary value.
2.6 Nav reserves the right to alter or amend Course offerings or materials at any time without notice to Participants.
Section 3. Restrictions.
I acknowledge and agree that the following restrictions apply. Participants are prohibited from sharing their login information granted in connection with the Course with any other individual or entity. Participants will not utilize the Certification to promote or sell personal credit repair services. Additionally, Participants will in no way, directly or indirectly, explicitly or implicitly, communicate to any other individual or entity that they are employed by or affiliated with Nav.
Section 4. Controlling Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of the U.S. and the State of Utah, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect.
Section 5. Intellectual Property.
5.1 All intellectual property used in the Course materials is, and remains, the intellectual property of Nav or its licensors, whether adapted, written for or customized for Participants or not.
5.2 Participants are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) use the Course materials in the provision of any other course or training whether given by Nav or any third party trainer;
(iii) remove any copyright or other notice of Nav on the Course materials;
(iv) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Courses.
5.3 Breach by Participants of the restrictions in Sections 3 or 5 shall result in the immediate termination of this Agreement and my access to the Course.
5.4 In consideration of the fees paid, Nav grants to Participants a limited, non-transferable, non-exclusive license to use the Course materials and the software used in connection with the Course for the sole purpose of completing the Course.
Section 6. Confidentiality.
6.1. Each party shall keep the other party’s confidential information (including any and all materials provided relating to the Course) strictly confidential and not use it other than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
6.2. Either party may disclose confidential information to its legal and other advisors for the purposes of obtaining advice from them.
6.3. This clause shall continue notwithstanding termination of these terms and conditions.
Section 7. Termination and/or Refund.
7.1 Nav shall be entitled to terminate these terms and conditions and cease to provide Participants with the Course with immediate effect in the event that Participants:
(i) fail to pay any fees due;
(ii) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Nav, any teacher or lecturer who provides the Course or any fellow student;
(iii) steal or act in a fraudulent or deceitful manner toward Nav or its employees or any fellow students;
(iv) are in breach of these terms and conditions.
On termination the liability, intellectual property rights, confidentiality and restrictions shall continue in full force and effect notwithstanding such termination.
7.2 If Participants complete all Course materials including quizzes and are not satisfied with the training they received, Participants may request a full refund of their course fee. Upon requesting a refund, Participants will no longer be permitted to use the Certification in any form.
Section 8. Complete Agreement.
This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on Nav without written consent which must be identified as an amendment, modification or waiver.