TERMS OF MEMBERSHIP
Nativ Collectiv is a private members' club that connects members, hosts events, provides resources, information and content, for business owners, executives, entrepreneaturs, creators and generally, ambitious individuals.
These terms and conditions (the “Terms”) govern your Nativ Collectiv membership and are made between you (the "Member", "you", "your"), and Nativ Collectiv, Inc. ("Nativ Collectiv", "we", "us", "our"). As a Nativ Collectiv Member, you agree to be bound by these terms.
1. Membership Application
1.1. You must be 18 years or older to be a Member. You must apply for Membership on nativcollectiv.com (the “Website”), pay the non-refundable application fee and create an account when we ask you to create an account. You are responsible for all activities that occur under your account.
1.2. We will accept applicants who are a good fit for Nativ Collectiv, at our sole discretion. Once accepted, Members will receive a password to log on to the Website and select and purchase the desired Membership plan. Membership begins on the day payment is received by Nativ Collectiv.
1.3. In rare circumstances, Nativ Collectiv may offer a 1-year complimentary membership to certain individuals it has a substantial relationship with, in its sole discretion. Complimentary members may be asked to apply on the Website and must create an account when we ask you to create an account.
2. Membership
2.1. All Members will receive a membership number. You must retain your membership number at all times.
2.2 Membership in Nativ Collectiv includes access to other members, events, education, opportunities and resources provided by Nativ Collectiv during the membership period and inclusion in the private list of Members (the “List”) (unless you opt-out during the application process or thereafter), which will be accessible by all Members. Nativ Collectiv will aim to provide members with the most services, but is not obligated to host any events or provide any education, opportunities or resources. Members who are Black business owners will be included in the Black owned business directory (unless you opt-out during the application process or thereafter) (the “Directory”), which will be accessible by all Members.
2.3. Membership Period
2.3.1. President – President is a six (6) month membership in Nativ Collectiv.
You will be entitled to all the rights and privileges exercisable for membership during the membership period. You may not transfer your membership to anyone else. Once accepted into Nativ Collectiv, you can update or change your personal details with Nativ Collectiv at any time. Upon expiration of the membership term, you will receive an invoice to extend the President membership or to advance to a CEO membership.
2.3.2. CEO - CEO is a twelve (12) month annual membership (the “Annual Term”) in Nativ Collectiv and will automatically renew each year on the anniversary of the purchase of the membership, unless terminated earlier in accordance with these Terms. You will be entitled to all the rights and privileges exercisable for that membership. You may not transfer your membership to anyone else. Once accepted into Nativ Collectiv, you can update or change your personal details with Nativ Collectiv at any time.
2.3.3 Complimentary – Any complimentary member will receive a twelve (12) month membership unless otherwise stated by Nativ Collectiv. Upon expiration of the membership term, you will receive an invoice to pay to extend the membership at the President or CEO level, unless otherwise stated by Native Collecitv.
3. Membership Fees & Charges
3.1. The current bi-annual or annual Nativ Collectiv membership fee detailed on the Website (the “Fee”) varies according to membership length (President – 6 months or CEO – 12 months).
3.2. The Fee for President membership is payable in full upfront and on a bi-annual basis thereafter.
3.3. The Fee for CEO membership is payable in full upfront and on each anniversary of the date of original purchase, provided that membership has not been terminated in accordance with these Terms.
3.4. The application fee and the membership Fee are payable by one of the payment methods presented during the membership registration process. Nativ Collectiv does not control payment processing, which is performed by a third-party. Nativ Collectiv is not responsible for any damages caused by the third-party payment processor.
3.5. If for any reason your selected payment method is unsuccessful, we will send you an email informing you. You will have 72 hours to make a successful payment before your membership is suspended. If your membership is suspended, you will be required to make the payment within 21 days of the suspension in order to reactivate access to your membership. If you do not make the payment within this 21-day time period, your account will automatically terminate. If you want to re-join, you will be required to re-register as a Member.
4. Cancellation of Membership
4.1. General
Upon cancelation of membership for any reason, you will automatically lose access to any services provided by Nativ Collectiv and will be removed from any List or Directory.
4.2 Cancelling President membership
You can cancel your President membership at any time during the bi-annual term. You will not be entitled to a refund of the application fee or membership Fee or any part of the Fee already paid.
4.3. Cancelling CEO membership
4.3.1. You can cancel your CEO membership at any time during the Annual Term. You will not be entitled to a refund of the application fee or membership Fee or any part of the Fee already paid.
4.3.2. If you do not wish to automatically renew your annual membership, you must send an email directly to hello@nativcollectiv.com at least 48 hours in advance of the renewal date.
4.4. Cancellation by Us
4.4.1. We shall have the right, immediately and without notice, to block, restrict, suspend or terminate your membership, if, in our sole opinion, you are in breach of any of the provisions of these Terms or the Terms of Service.
4.4.2. We reserve the right to suspend and terminate membership of any Member displaying behavior, language and attitude which are contrary to accepted professional standards.
5. Member Obligations
5.1. You agree to comply with (and where applicable, you shall ensure that any friend or family member who you invite to any Nativ Collectiv events with you comply with) any applicable terms and conditions of any hosting location (“Facility”). It is your responsibility to read and understand any such terms and conditions. You accept that Facility terms and conditions may be subject to change.
5.2. You agree to comply with these Terms, a current copy of which is always available on the Site. We may revise these terms at any time on notice to you. Continued participation by you as a Member shall be deemed acceptance by you of any revised terms and conditions.
5.3 Membership Rules – You agree to follow the following rules:
5.3.1 1- No a**holes
5.3.2 2- Treat all members, Nativ employees and staff with respect
5.3.3 3- If you have a concern with Nativ or any member, contact Nativ
6. Events
6.1. In the event we host events during the membership period, you may register for the event on the Website. Each registration is valid solely for the Member and one (1) permitted guest, unless noted otherwise on the event registration page, in accordance with any terms and conditions for the event and any terms and conditions required by the venue.
6.2. You may be asked to present valid photo identification upon arrival at the event. A failure to do so may result in the venue refusing you admission.
7. Your Privacy
7.1. Personal Data
7.1.1. We respect your privacy and endeavor to collect the minimum amount of data required to assess, accept and service your membership in Nativ Collectiv. Any and all personal data you provide to us as part of your membership will be processed in accordance with our Privacy Policy.
7.1.2. Your name, business name, type of business, title, email address and phone number provided by you will be added to the private list of Members upon purchase of membership, unless you expressly opt-out during the application process or thereafter.
7.1.3 The name, business name, type of business, title email address and phone number of Black owned business will be added to the Black owned business directory, unless you expressly opt-our during the application process or thereafter.
7.1.4 We may share membership usage data, which is aggregated and anonymised, with the company through which your membership was made available, for the sole purpose of improving our service to you.
7.1.5. We may use the contact details provided by you to communicate with you in relation to your membership.
7.1.6. To the extent permitted by law, we may use the information you provide to us to update you on our latest services via email or phone. If you do not want to receive marketing communications from us, please notify us at hello@nativcollectiv.com or unsubscribe using the link at the end of our communications.
7.2. The use of the Website involves the electronic transmission of personal data
through third party connections. We do not operate or control these connections and cannot guarantee the privacy or security of these data transmissions.
8. List of Members and Black Owned Business Directory
8.1 List of Members
8.1.1. Members will be included in the List of Members, accessible to all Members, unless you expressly opt-out during purchase of Membership or thereafter.
8.1.2. Members agree to industry standard practices when providing service and/or products to other Members, other referrals from Nativ Collectiv or other referrals from Members to maintain the reputation of Nativ Collectiv.
8.2 Members in Black Owned Business Directory
8.1.1 Members who are Black business owners will be included in the Black owned business Directory, unless you expressly opt-out during purchase of Membership or thereafter.
8.1.2 The Directory will be promoted by Nativ Collectiv in an effort to direct Members and potentially non-members to work with Black businesses and professionals first. Members agree to industry standard practices when providing service and/or products to other Members, other referrals from Nativ Collectiv or other referrals from Members to maintain the reputation of Nativ Collectiv.
8.3 Members Accessing Directory
8.3.1 While Nativ Collectiv aims to accept high value Members, Nativ Collectiv is not responsible for the service or products provided by any Members on the List or in the Directory. You are in the best position to understand what is in your best interest as an individual or a business. It is your responsibility to vet any professional or business you choose to work with. You agree that Nativ Collectiv is not responsible for any actions or inactions of any of the Members.
8.3.2 All Members will have access to the List and Directory.
8.3.3 Nativ Collectiv owns all rights, title interest in and to the List and the Directory. Members agree not to share the List or Directory with any non-Member without the express written consent of Nativ Collectiv. Members may refer third parties to Members in the Directory but may not share the Directory itself with any non-Member.
10. WARRANTY AND OTHER DISCLAIMERS
10.1 YOU UNDERSTAND AND AGREE THAT NATIV COLLECTIC’S SERVICES ARE PROVIDED AS-IS. NATIV COLLECTIV MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE MEMBERSHIP, CLUB, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
10.2 NATIV COLLECTIV MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT OR SERVICE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
10.3 THE MATERIAL, CONTENT AND INFORMATION ON THE WEBSITE COMPRISE THE VIEWS OF NATIV COLLECTIV ONLY. NOTHING ON THE WEBSITE OR PRESENTED BY NATIV COLLECTIV IS LEGAL, FINANCIAL, INVESTMENT, TAX OR OTHER PROFESSIONAL ADVICE. IT IS GENERAL INFORMATION PROVIDED FOR EDUCATIONAL PURPOSES. PLEASE CONSULT WITH A COMPETENT ATTORNEY, FINANCIAL ADVISOR, OR TAX PROFESSIONAL IN YOUR JURISDICTION WHO CAN ADVISE YOU ON YOUR SPECIFIC SITUATION INDEPENDENTLY. NO CLIENT RELATIONSHIP IS FORMED BETWEEN YOU AND ANYONE CONNECTED WITH NATIV COLLECTIV.
10.4 NATIV COLLECTIV IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR PRESENTED BY ANYONE CONNECTED WITH NATIV COLLECTIV OR YOUR RELIANCE ON SUCH INFORMATION.
10.5 NO ENDORSEMENT. THIS WEBSITE, OUR SOCIAL MEDIA AND OTHER
MEDIUMS MAY INCLUDE MEMBERS' AND THIRD PARTIES' PRODUCTS, SERVICES, AND BUSINESSES. SUCH REFERENCES ARE NOT AN ENDORSEMENT. YOU MUST CONDUCT YOUR OWN DUE DILIGENCE AND RESEARCH TO DETERMINE THE SUITABILITY OF ANY PRODUCT, SERVICES AND BUSINESS FOR YOUR PARTICULAR USAGE.
11. Limitation of Liability
11.1 IN NO EVENT SHALL NATIV COLLECTIV BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF GOODWILL, LOSS OF DATA, LOST INCOME, CONTRACTS, PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THESE TERMS, THE MEMBERSHIP, CLUB, OR ANY SERVICES, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY NATIV COLLECTIV, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
11.2 IN NO EVENT SHALL NATIV COLLECTIV’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE MEMBERSHIP, CLUB, OR ANY SERVICES , WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO NATIV COLLECTIV FOR THE MEMBERSHIP DURING THE YEAR GIVING RISE TO THE CLAIM.
11.3. We are not liable for the security, safety or appropriateness of the Facilities. We do not own or operate any Facilities at the vendor’s locations.
11.4. You agree that you are fully aware of any and all risks and hazards associated with participation and use of the Facilities and reliance on any information presented by Nativ Collectiv.
12. Indemnification - You Agree to Hold Nativ Collectiv Harmless
To the fullest extent permitted by law, you hereby agree to defend, release, hold harmless, and forever discharge Nativ Collectiv, any venues we use, and each of our employees, agents, directors and officers from any and all liability in relation to the usage of the Membership and any Facilities unless caused by the gross negligence or willful misconduct of Nativ Collectiv.
13. Intellectual property
13.1 All title, rights and interest in any copyright, database, List and Directory rights, trademarks and design rights and any other intellectual property rights ("Intellectual Property") in the Website are and shall remain the property of Nativ Collectiv, or our licensors. Your use of such Intellectual Property shall be governed by the Terms of Use.
13.2 Copyright
The Website and its contents are wholly owned by Nativ Collectiv, Inc. No part of the Website may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of Nativ Collectiv. All third party trademarks referenced on the Website remain the property of their respective owners. If you would like to distribute or re-purpose any part of this material, please contact hello@nativcollectiv.com.
14. Compliance with Applicable Law
You shall comply with all local, state and federal laws, regulations, rules, orders or other legislative provisions which are applicable to you in connection with these Terms.
13. Governing Law
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
14. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We hope we never have a dispute, but if we do, by purchasing a membership, you and Nativ Collectiv agree to submit any and all disputes, claims, or controversies between you and Nativ Collectiv regarding any aspect of your relationship with Nativ Collectiv, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms , except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver (“Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“ Arbitration Agreement ”). Arbitration shall be before the American Arbitration Association (“AAA”) in accordance with their rules and be conducted by a single arbitrator. In no event will we pay for attorneys’ fees. The arbitration shall be conducted in the State of California.
By purchasing a membership, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Nativ Collectiv or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Nativ Collectiv. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public, may be determined only by a court of competent jurisdiction and not by an arbitrator.
15. Limitation on Time to Bring Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Events Beyond our Control
We will not be in breach of these Terms, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, act of government, act of terror, pandemic, epidemic, breakdown of systems or network access, flood, fire, explosion, sanitary crisis or accident.
15. Entire Agreement
These Terms shall contain all the terms agreed between you and us regarding their subject matter and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
16. Severability
If and to the extent that any provision of these terms is held to be illegal, void or unenforceable, such provision shall be given no effect and shall be deemed not to be included in these Terms but without invalidating any of the remaining provisions in these terms.
17. Waiver
No delay or failure by us in enforcing any of these Terms and no partial exercise by us of any right hereunder shall be deemed to be a waiver of any right we may have under these Terms.
18. Assignment
We may transfer, assign or otherwise deal with these terms on thirty (30) days’ notice to you. Your rights under these Terms will not be prejudiced. You may not under any circumstances transfer, assign or otherwise deal with these Terms.
19. Changes to these Terms
We may revise these terms at any time on notice to you. Continued participation by you as a Member shall be deemed acceptance by you of any revised Terms and conditions.
20. Contact Details
If you have any concerns, queries or complaints about these Terms or your membership or our services, please contact us at hello@nativcollectiv.com.
