Terms and Conditions

Welcome to Avigate! Use of our software is subject to your agreement to our Terms of Service. To learn more about your rights and our rights relating to the provision of this Service, please read these Terms carefully.

Terms of Service Definition.

The Terms of Service is a contract between Avigate and you. It comprises of the provisions in this document as well as the provisions in our Privacy Policy and User Guidelines and other terms and conditions that may be presented by us and accepted by you. Not agreeing to these Terms means you cannot use our Service. Registration for and use of our Service means you confirm your acceptance to these Terms and agree to be a party to this binding contract. Use of our Service means you accept and agree with all the provisions in our Terms of Service, including but not limited to, the use of text, images and other data you choose to input, upload or store in Avigate (hereonwards to be known as ‘ Content’) and your personal information in accordance to our Privacy Policy.

The Avigate Service

The Avigate Service is the Avigate App, website and other products hosted by or made available by Avigate.

The Parties in this Contract

You, the Account Holder, are one party to this contract. (An Account Holder is the person or entity who has contracted with Avigate as either an individual Free or Premium user)

The other party to this contract is Avigate Inc., a corporation headquartered in the Philippines and may be referred to in these Terms of Service as “Avigate,” “we” and sometimes “us”).

Other Contracts with Avigate

You may be asked to agree to other end user license agreements like our Commercial Terms when you pay for an Avigate subscription. In other instances like in joining our forum of users, you may be asked to enter a separate agreement. These Separate Agreements shall take precedence in cases of conflicts between Separate Agreements and Terms of Service documents.

Change in Terms of Service

These Terms may change from time to time as new technology become available and new features are made. For significant changes, you will be notified and when required, seek your consent. If these Terms are updated, you have the freedom to accept the updated Terms or stop using our Service.

Actions you need to take to use Avigate’s Service.

To create an Avigate account, your name, email and working phone number will be required. You also need to create a password. Details of your business such as business name and address will also be required. You will be solely responsible for maintaining the accuracy, completeness and confidentiality of the information you put in. You will also be responsible for the activities that happen under your account, including activities of others to whom you have shared your account information with. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account information secure. If you discover any unauthorized use of your account or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify Avigate Support.

Second, you will need to access your account by installing our client software on your computers, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility.

Your rights as an Avigate Service user.

Upon creating your account and accepting these Terms, Avigate will grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the our software provided to you by or on behalf of Avigate, for the sole purpose of enabling you to use the Avigate app and enjoy the benefit of the Service, subject to any applicable license terms provided with the Avigate app and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Avigate or the Service.

Data Protection

In order to use our software properly, you will have to grant Avigate a limited license, described below, so we can make your data usable on the Service. You will retain the rights you held in your Content before you submitted, posted or displayed it on or through our Service. Apart from the limited license and other rights your grant in these Terms, Avigate agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.

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License You Have to Grant to Avigate

In order for the Avigate app to work properly, certain limited license rights to process your Content must be granted to us so that the technical actions we take won’t be considered as legal violations. Examples of these actions include processing, storing, and distributing your Content in the app. By using our Service and uploading Content, you are granting Avigate a license to display, perform and distribute your Content and to modify (for technical purposes such as making it viewable on different devices). You also agree that Avigate has the right to choose not to post, store, publish, transmit any Content in our sole discretion. You agree that these licenses and rights you grant to Aviate are royalty-free, transferable, sub-licensable worldwide and irrevocable (as long as the Content is stored with Avigate) and includes the right for Avigate to make such Content available to, and pass these rights along to, others with whom Avigate has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Avigate determines such access is necessary to comply with its legal obligations.

If you elect to use any third party service or application that is integrated with Avigate, you also agree that the licenses granted to Avigate in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant Avigate the right and license to enable third party access to and extraction of your Content. Avigate does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.

As we rely upon your rights to upload and distribute your Content, you represent and warrant to Avigate that (1) you have the unfettered legal rights and authority to submit your Content to Avigate, to make any other use, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to Avigate under these Terms; and (2) your Content complies with our User Guidelines and these Terms.

Finally, you understand and agree that Avigate, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

What you can do in the Avigate Service

Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or services integrated with the Avigate service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.

Avigate’s rights

CONTENT RIGHTS.

While you own the Content you store within the Avigate service (subject to third party rights), you acknowledge and agree that Avigate (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all Avigate software deployed by you or a third party to enable capturing of Content originating outside the Service, such as any of the Avigate software applications for compatible computing devices that enable access and use of the Service through such device (the “Avigate Software”).

INTELLECTUAL PROPERTY RIGHTS.

In agreeing to these Terms, you also agree that the rights in the Service and Avigate Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Avigate Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.

RIGHT TO MODIFY THE SERVICE.

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or Avigate Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use Avigate Free, you will not enjoy all of the benefits provided to subscribers of Avigate Premium.

You also acknowledge that a variety of Avigate actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Avigate has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for Avigate Premium, or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.

RIGHT TO ENGAGE THIRD PARTIES.

Avigate engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable.

RIGHT TO USE THIRD-PARTY SOFTWARE.

Avigate may from time to time include as part of the Service and Avigate Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Avigate expressly disclaims any warranty or other assurance to you regarding such third party software.

RIGHT TO UPDATE OUR SOFTWARE.

In connection with any modification of the Service, we may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Avigate will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), we may require you to install the update to continue accessing the Service. In all cases, you agree to permit Avigate to deliver these updates to you (and you to receive them) as part of your use of the Service.

Copyright or Other Intellectual Property Violations

If you believe that your intellectual property rights have been violated, please notify us immediately. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Avigate does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

Age restrictions

Any use of Avigate Software by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

Data Storage and Transmission

The Service is available worldwide, but your data is stored either in the Philippines or in the United States, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications through computer networks owned by Avigate, its Service Providers, and other third parties located in Manila, United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

Account Closure

You may deactivate your account with our Service at any time, for any reason. If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms.

Avigate may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Avigate suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in Avigate’s’ sole discretion), (iii) your nonpayment of any fees or other sums due Avigate or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.

In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.

What happens to your account in case of death?

Your privacy will be protected in the event of your death or incapacity. If you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. Please see our Commercial Terms for information on terminating payment for Paid Services upon death or incapacity.

Sharing your ideas and suggestions to Avigate

When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Avigate through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Avigate is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Avigate shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Avigate may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Avigate without any obligation of Avigate to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Avigate under any circumstances.

Ads

Avigate reserves the right to display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. For more information, please see our Privacy Policy and Cookie Information page.

Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.

Other important things you need to know

THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.

Avigate may, from time to time, include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) Avigate is not responsible for the availability of such external sites, content or applications; (ii) Avigate is not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.

INDEMNITY.

You agree to indemnify and hold Avigate, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.
2. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIGATE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3. AVIGATE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVIGATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVIGATE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF AVIGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR AVIGATE POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) AVIGATE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS.

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

How Avigate will send notices to you

We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service.

How you can send a notice to Avigate

Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Avigate must be delivered by email to support@avigate.io. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):

Avigate Inc.
4450 Aguinaldo Highway,
Dasmarinas, Cavite, 4114 Philippines

Applicable Laws

If you are a resident of the Philippines, these Terms and the relationship between you and Avigate (including any dispute) shall be governed in all respects by the laws of the Republic of the Philippines.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Complaints against Avigate

LET US KNOW ABOUT YOUR COMPLAINT.

Contact us right away if you have any concerns with respect to the operation of the Service.

INITIATING A FORMAL CLAIM.

If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. Avigate provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against Avigate in any other manner, you shall be in violation of these Terms and you agree that Avigate shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Avigate for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against Avigate, you will send us a notice to our attorneys at support@avigate.io and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.

Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the Philippines, you agree that any claim or dispute you may have against Avigate must be resolved exclusively by a court located Dasmarinas, Cavite. You agree to submit to the exclusive personal jurisdiction of the courts located within Dasmarinas, Cavite (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.

ALTERNATIVE DISPUTE RESOLUTION PROCESS.

Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and AVIGATE where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Avigate agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.

ARBITRATION AGREEMENT.

If you reside in the Philippines, you and Avigate agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Republic of the Philippines, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Avigate users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties.

YOU AND AVIGATE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER AVIGATE USERS.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section will continue to apply.

CLAIMS ARE TIME-BARRED.

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.

Lastly, some important points

A couple of final, but important, points. First, these Terms constitute the entire agreement between you and Avigate and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Avigate for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.

Second, you acknowledge and agree that each affiliate of Avigate shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.

Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

In the event of a conflict, the English language version shall govern.