Terms and Conditions
1 (i) -- www.navinstitute.com offers an online career transition course from the career experts at the Navigator Institute. The Services offered by the Website may include but are not limited to 9 interactive modules that teach you everything from writing your resume from a marketing perspective, to interviewing skills, to career transitions, to blogs and personal career coaching. Future additions may include games, contests, webcasts, audio, and videos. Please note that if you sign up for one or more features of the Service that are provided or may be provided in future by third parties, such as blogs or video, then you may be required to agree to Terms and Conditions with those third parties as well. Any such Terms and Conditions are different from and in addition to this Agreement.
1(ii) -- In order to participate in certain services, you may be required to download software or content and/or agree to additional Terms and Conditions. Unless otherwise provided by additional Terms and Conditions applicable to the services in which you choose to participate, those additional Terms and Conditions are hereby incorporated into this Agreement.
1(iv) – The Campbell Interest and Skill Survey (CISS), is a separate entity and is not connected to the Navigator Institute in any way and has been provided as a service by Navigator Executive Advisors. Navigator Executive Advisors cannot be held responsible for any actions taken by or as a result of the Campbell Interests and Skills Survey or NCS Pearson, Inc..
2. Membership-- Use of some features of the Website, including but not limited to the Career Transition Course, may require registering yourself as a member of the Website (“you” or “member” or “Member”). If you are less than 18 years of age, you are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process. By agreeing to these Terms and Conditions or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions of this Agreement. Your membership will automatically be voided in the event it is deemed prohibited under any existing or new law.
2 (ii) – You understand that your membership is non-transferable and in case you decide not to complete the course, the fees paid by you cannot be transferred to another name.
2 (iii )-- During registration, you are required to provide accurate, current, and complete information about yourself in all required fields. Should any of this information change after submitting it to the Website, you are required to update that information as soon as possible. If any information provided by you is found to be untrue, inaccurate, not current, incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2 (iii) -- As part of the registration process, you will be asked to select a username and password and you will be solely responsible for maintaining the confidentiality of your password, account information, and for all activities occurring under your username. You agree that you may not be allowed the use of a username, and directed to choose a different one, in case the username is deemed to be offensive, insulting, obscene, a brand name, or inappropriate for any other reason. The decision by Navigator Executive Advisors shall be final in this regard. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to take all necessary precautions. You may, however, be liable for losses incurred by www.navinstitute.com or others due to such unauthorized use.
3. Tenure of Agreement & Its Termination -- This Agreement shall remain in full force and effect at the commencement of your membership. You may terminate your membership at any time and for any reason by contacting firstname.lastname@example.org. You agree that Navigator Executive Advisors may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service which may include but not be limited to (a) denial of access to any part of the Website, (b) denial to further coaching or course material, and / or (c) removal of your content, profiles and/or any e-mail address associated with the same etc.. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) any misbehavior with a coach or instructor, (c) violation of copyright, (d) requests by law enforcement or other government agencies, (e) a request by you (self-initiated account deletion), (f) discontinuance or material modification to the Service (or any part thereof), (g) unexpected technical or security issues or problems, (h) extended periods of inactivity, (i) engagement by you in fraudulent or illegal activities, and/or (j) nonpayment of any fees owed by you in connection with the service. Furthermore, you agree that all terminations for cause shall be made in Navigator Executive Advisors’ sole discretion and that Navigator Executive Advisors shall not be liable to you or any third-party for any termination of your account, any associated e-mail address, or access to the Service.
3 (ii) -- Some provisions of the Agreement will remain in effect even after your membership is terminated. In the case of termination of the membership by you or us you will not be entitled to any refund of unused subscription fees. 3 (iii) --You acknowledge, consent, and agree that Navigator Executive Advisors may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Agreement, (c) respond to claims that any content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property, or personal safety of www.navinstitute.com, its users, and the public.
4. Fees-- You acknowledge that www.navinstitute.com reserves the right to charge for services and to change its fees from time to time in its discretion. Such revision will be notified on the Website and will be effective from the month subsequent to the month in which it was modified.
4 (ii) – You understand and agree that in case your membership is terminated for any reason whatsoever, (a) you shall not be entitled to the refund of any unused portion of subscription fees, and (b) your obligation to make payment for any services availed by you shall survive such termination.
5. Return Policy-- All sales are final. If you purchased the Navigator Institute in error and would like to inquire further about receiving a refund, the activation codes sent to your e-mail address must not have been used and all requests must be sent to email@example.com within 48 hours of purchase. This does not guarantee that you will receive a refund and is up to the discretion of management.
6. Commercial Use-- The Service and the Website are for the personal use of individual Members only and may not be used in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You may not copy, transfer, use any names, pictures, links, text, data, or other content belonging to or posted by Navigator Executive Advisors or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service.
6 (ii) --You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Navigator Institute servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Navigator Executive Advisors grants the operators of public search engines (such as Google, Yahoo, MSN, etc.) permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Navigator Executive Advisors reserves the right to revoke these exceptions either generally or in specific cases. You agree to neither collect nor harvest any personally identifiable information from the Website, including account names, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
6 (iii) -- Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Navigator Institute profile or other content uploaded on the Website for the purpose of extracting such information or other content.
5 (iv) Passing-on the course material to any person other than the Member in any form including in hard copy, CD, or any electronic form is violation of this Agreement and renders the Agreement liable to be terminated. This is without prejudice to any other legal actions that we may take in our sole discretion.
7. Caution—It is never advisable to include your last name, telephone number, or street address in any profile or content, including blogs or otherwise. This list is not exhaustive and you should exercise care to protect your own safety, interest, and privacy. Navigator Executive Advisors and its employees will never ask for your social security number. Do not give your social security number to anyone unless you are confident that the party is authorized to collect that information. In addition:
- Be sure to verify the legitimacy of the employer with whom you are interacting.
- Be on your guard if someone asks for your credit card or bank information, or when engaging in any monetary transactions.
- Providing any non-work-related personal information (e.g., social security number, eye color, marital status, etc.) to strangers whether over the phone or online may be dangerous.
- Be extra careful when dealing with contacts outside your own country.
- The employment opportunities that look too good to be true are most likely scams.
- Exercise extreme caution when responding to any e-mail that offers paid opportunities to act as a go-between for money transfers. The employment offer being made may be suspicious.
8. Content— The Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("members’ content", or “your content”) and the hosting, sharing, and/or publishing of such members’ content. You understand that whether or not such members’ content is published, Navigator Executive Advisors does not guarantee any confidentiality with respect to any submissions.
8 (ii) -- You agree that you will not: (a) submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Navigator Executive Advisors all of the license rights granted herein, (b) publish falsehoods or misrepresentations that could damage the Website or any third-party, (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, (d) post advertisements or solicitations of business, (e) impersonate another person.
7 (iii) -- Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and www.navinstitute.com assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact firstname.lastname@example.org. We reserve the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Navigator Institute Services at any time, for any or no reason, with or without prior notice, and without liability. Navigator Executive Advisors expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Navigator Institute Services if Navigator Executive Advisors determines, in its sole discretion, that you pose a threat to Navigator Executive Advisors, Navigator Institute, and/or its users.
9. Copyright-- The content on the Navigator Institute Website, except content posted by you, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Navigator Executive Advisors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you on AS IS basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Navigator Executive Advisors reserves all rights not expressly granted in, and to, the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of members’ content, or that of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
9 (ii) -- You retain all of your ownership rights to the content posted by you. However, by submitting the content, you hereby grant Navigator Executive Advisors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform members’ content in connection with the Website and Navigator Executive Advisors’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete your member’s content from the website.
10. Indemnity-- You agree to indemnify and hold Navigator Executive Advisors, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any alleged claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your content, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
11. Disclaimer of Warranties
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. NAVIGATOR EXECUTIVE ADVISORS’ ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
10 (ii) -- Navigator Executive Advisors and its affiliates, licensors, partners, suppliers, and consultants disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or content displayed on the Website. Navigator Executive Advisors disclaims any and all responsibility and liability for your conduct and for the conduct of others using the Service. You understand that dealing with any allegation of any harassment or any other misconduct on the part of a coach is solely your responsibility and you absolve the Website and its owners of any liability in the matter. We may, but are not obliged to, take appropriate action against any such coach after such investigation as may be necessary.
10(iii) You clearly understand and agree that joining the Navigator Institute and completing any course on the site does not guarantee that you will get a job.
10 (iv) YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL NAVIGATOR EXECUTIVE ADVISORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT NAVIGATOR EXECUTIVE ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL NAVIGATOR EXECUTIVE ADVISORS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00).
The Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Orlando, Florida. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. You shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Navigator Executive Advisors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.