TERMS
OF USE

Last Updated: November 27, 2023

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Welcome to the website of Nativ Collectiv, Inc. ("Nativ Collectiv", "we" or "us"). The following terms and conditions, along with any documents they expressly incorporate by referencing such documents (collectively, these "Terms of Use"), govern your access to and use of nativcollectiv.com, including any content, functionality and services offered on or through nativcollectiv.com (the "Website"), whether as a guest or a member.

 

How You Accept the Terms

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Please read the Terms of Use carefully before you start to use the Website as it contains important information about changes to the Terms of Use, limitation of our liability, your personal information, a class action waiver and resolution by arbitration agreement instead of in court.

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By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at www.nativcollectiv.com/privacypolicy, which are incorporated into this document. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

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By using this Website, you represent and warrant that you are of legal age to form a binding contract with Nativ Collectiv. If you are not of legal age to form a binding contract, you must not access or use the Website.

 

How We Change the Terms

 

​We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

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How You Access the Website

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We can withdraw or change this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including members.

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You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

Your Account Security

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To access the Website or some of the resources it offers, you may be asked to provide certain registration and/or application details, subscription details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

 

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it, including any content or services offered by Nativ Collectiv on Zoom or any other third party platform, using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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Our Intellectual Property Rights

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The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), including the services and content provided by Nativ Collectiv on third party platforms like Zoom, are owned by Nativ Collectiv, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws, which may include but are not limited to copyright, trademark, patent, and trade secret laws.

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How You Can Use the Website

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You are permitted to use the for your personal, non-commercial use only, including as follows:

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• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

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• You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

How You Cannot Use the Website

           

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Website or any of the material on our Website, unless expressly noted above.  You also must not:

 

• Modify copies of any materials from this Website, including materials provided through Zoom or other platforms.

 

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site, including materials provided through Zoom or other platforms.

 

• Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

• Use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or products, asking for personally identifiable information or otherwise.

 

• Use the Website to impersonate or attempt to impersonate Nativ Collectiv, a Nativ Collectiv employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

 

• Use the Website to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Nativ Collectiv or users of the Website or expose them to liability.

 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

 

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

 

• Use any device, software or routine that interferes with the proper working of the Website.

 

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

• Otherwise attempt to interfere with the proper working of the Website.

 

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

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If you do any of the above, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

 

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Nativ Collectiv. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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You Should Not Rely on Content

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The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nativ Collectiv, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nativ Collectiv. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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No Endorsement

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This Website 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 conductor, services and business for your particular usage.  We have no control over these products, services or businesses, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party products, services or businesses referenced on this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such businesses. 

 

No Professional Advice

 

      Although we may post content on our Website or social media platforms that contain general information useful to our members, we do not provide any legal, tax, accounting, financial, therapeutic, behavioral, medical, mental or other health treatment or other professional advice or disability or custody evaluations.  

 

      It is your exclusive responsibility to seek any independent professional guidance as needed. 

Recordings

You acknowledge that in-person and virtual social and professional events, seminars, webinars and similar events may be recorded at our sole discretion.  You consent to this recording and you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any recordings for any purpose.

 

User Likeness Release

 

If you participate in any social and professional events offered by us on Zoom or otherwise, you hereby authorize us and our assigns to use any and all photographs, pictures, videos or other likenesses of you in any format (whether video or audio), any medium, and in any location worldwide, at our sole discretion, without review, permission or compensation to you, to provide services and used for marketing in its promotional materials in private and public forums and social media platforms.  We shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring you (the “Product”), including copyright interests, and you acknowledge that you have no interest or ownership in the Product (or any portion thereof) or its copyright.

 

We May Change the Content on the Website

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We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

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Your Personal Information

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All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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Terms of Membership

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The terms of all memberships purchased by you are governed by our Terms of Membership, which are incorporated into these Terms of Use.

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If You Want to Link to the Website

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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

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Accordingly, you must not:

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• Establish a link from any website that is not owned by you or does not comply with these Terms of Use.

 

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

• Link to any part of the Website other than the homepage.

 

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

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You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice at our discretion.

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If We Provide Links on the Website

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If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

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How Advertisements Work

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If the Website contains advertisements, there is a possibility that Nativ Collectiv is being compensated for endorsements. 

 

Where You Access the Website

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We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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Legal Stuff

 

         Disclaimer of Warranties

 

         You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the                     Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and     

         checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for                       maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS                 OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER                                               TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER                   PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY                             SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL                 POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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         YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE           IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE             WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY                     KIND, EITHER EXPRESS OR IMPLIED. NEITHER NATIV COLLECTIV NOR ANY PERSON ASSOCIATED WITH NATIV           COLLECTIV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,

         RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, 

         NEITHER NATIV COLLECTIV NOR ANYONE ASSOCIATED WITH NATIV COLLECTIV REPRESENTS OR WARRANTS

         THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE 

         ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR 

         SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

         OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE

         MEET YOUR NEEDS OR EXPECTATIONS.

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         NATIV COLLECTIV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,  WHETHER EXPRESS OR IMPLIED,

         STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, 

         NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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         THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER           APPLICABLE LAW.

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          Limitation on Liability

 

          IN NO EVENT WILL NATIV COLLECTIV, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,                       

          EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE, LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY

          LEGAL THEORY, ARISING, OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE 

          WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY

          SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY

          DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT

          LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF

          PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,

          AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),  BREACH OF CONTRACT OR OTHERWISE,

          EVEN IF FORESEEABLE.

           

IN NO EVENT SHALL NATIV COLLECTIV’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, WEBSITE, OR SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). ADDITIONAL DISCLAIMERS BY NATIV COLLECTIV MAY APPEAR WITHIN THE SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

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You agree to defend, indemnify and hold harmless Nativ Collectiv, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

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Governing Law

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All matters relating to the Website and these Terms of Use 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).

      

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 using the Website, 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 of Use, 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 using the Website, 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.
 

Limitation on Time to Bring Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, 

OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

      

Waiver and Severability

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No waiver of by Nativ Collectiv of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nativ Collectiv to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of 

the Terms of Use will continue in full force and effect.

 

Survival

 

The provisions of these Terms of Use which by their terms call for performance subsequent to termination of of the terms hereunder, shall so survive such termination, whether or not such provisions expressly state that they shall so survive.

 

Headings

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Paragraph headings used in the Terms of Use are for reference only and shall not be used or relied upon in the interpretation of these Terms of Use.

 

​​Construction

 

Even though Company drafted these Terms of Use, you represent and warrant that you had sufficient time to review the terms with counsel of your choosing.  If there is an ambiguity or a question of intent or interpretation arises, these Terms of Use shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any provisions of these Terms of Use.

 

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Entire Agreement

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The Terms of Use constitute the sole and entire agreement between you and Nativ Collectiv with respect to the Website and 

supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, 

with respect to the Website.

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Thank you for visiting the Website!