Terms of service
TERMS OF SERVICE
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OVERVIEW
This website is operated by NVIZI, INC. Throughout the site, the terms "NVIZI", "Naples PC", “we”, “us” and “our” refer to NVIZI, INC. NVIZI offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NVIZI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Naples PC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Naples, Florida.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at naplesfloridatech@live.com.
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Additional Terms:
Naples PC® COMPUTER REPAIR AUTHORIZATION TERMS & CONDITIONS
By: NVIZI, a Limited Liability Corporation
By signing the Computer Repair Authorization Agreement or using our services, you agree that the following terms and conditions will apply to the work you are authorizing NVIZI, LLC (NVIZI) dba Naples PC to provide (“Services”) for the listed computer or laptop (“Computer”). Fixed PC / Naples PC / FXPC / Vegas PC / Bonita PC / Marco PC / terms such as "we, our, us" or any other Affiliates will refer to as "NVIZI" for the remainder of this contract.
I. Service. NVIZI will provide the Services if practical and your Computer meets the minimum system requirements. NVIZI will not perform Work that may endanger its employees or agents, subject them to offensive material, or require them to violate the law. You will not be charged for Services that NVIZI does not perform. NVIZI may use new, reconditioned, or used replacement parts to provide the Services. Replaced parts will be returned to you. There are absolutely NO REFUNDS after payment has been made. NVIZI will only refund you at their discretion / if paid services cannot be performed, which is unlikely. Every computer / onsite service requires of minimum payment to begin service; called Diagnostics: In order to look at, touch, talk about, or invoice any computer, a Diagnostic Fee must be paid first. Finding out the problem is one of the most complicated and important services that must be done prior to doing any service. For Websites / other, this may be considered a Consultation. The minimum you will pay, regardless if you choose us to do the service, is $49.99 for one device. If we are required to go on-site or give a consultation, the minimum you will pay is $99 which will give you up to the first hour and $55/hr following until an official solution can or cannot be foreseen and we can provide an estimate / solution. We do not normally charge hourly as we believe flat rates to be the best way to charge per job, to encourage fast solutions. Your Diagnostic cost may, but not required to, credit toward your final invoice, provided the Diagnostic is not extremely strenuous. It is almost impossible to determine what troubles NVIZI may encounter while attempting to repair your device and it is possible that additional charges can apply once the final service is performed. Potential additional charges may incur as a result of repairing your device. However, NVIZI will never go above $50 more without first notifying you of the need for price changes. Before making any payment to NVIZI; it is important that you read and understand these TERMS AND CONDITIONS in its entirety. By making payment to NVIZI; you agree that you understand the TERMS AND CONDITIONS listed on https://naplespc.com/policies/terms-of-service and that you wish to do business under this agreement and do not hold NVIZI liable for any potential mishaps that may occur.
II. Fees / Abandoned Property. You agree to pay NVIZI when you pick up your Computer or when the services are complete. This amount may include fees for parts, labor, recycling or disposal, storage, plus tax or shipping. NVIZI will promptly notify you if it discovers that additional parts, labor or other charges (beyond the estimate) are required to provide the Services. NVIZIwill give you a new cost estimate and you must authorize the additional Services, including by phone (“Change Order”). If you do not authorize the additional Services, NVIZI will allow return for your Computer without completing the Services after any storage or diagnostic or partial service fees are paid. NVIZI is not a warehouse and has no additional space for storage: If the computer is abandoned; after 30 days or more, it will automatically become the property of NVIZI and a $1.50 storage fee for every day it is left on our facility will be applied, whether or not a service is done. If payment is not made for a service already completed, you agree that NVIZI will hold your computer as collateral until a payment is received. If payment is not received following 30 days after a past due invoice, your computer may become the property of NVIZI or you may be responsible for additional late, legal, and collection fees. NVIZI reserves the right to sell, use, or discard abandoned property for any reason after 30 days of non-payment. We will wipe any data from hard drives before they are disposed / sold. We are not responsible for any losses you may incur.
III. Membership Terms. NVIZI provides extensive services for residential and business clients around the world: Virus Protection, Troubleshooting, Endpoint Security, Remote Support and Remote Management on a daily basis for thousands of computers, servers, websites, managers and employees remotely. We do not take risks when it comes to your security and you shouldn't either. We manage all computers in the same way that schools, hospitals, and banks are managed. We handle all software installations, upgrades, updates, and anything that requires admin within your operating system. We want to be certain that your computer is 100% safe, and that even you cannot compromise your security. If you plan on using illegal or hacking software, you cannot qualify for our membership programs. You will need to contact us from time to time for certain tax or accounting software updates, we are happy to manually input the code every time if it means we do not need to spend hours hopefully repairing the severe damage that can be caused with amateur admin privileges. Any onsite work is considered additional labor and will be charged accordingly, a discount is not required but may be applied at the discretion of the technician. As of 1/1/19; No Membership gives free on-site support, everything included is done remotely.
Cancellation: All members, residential and business, must agree to the Membership Terms in order to use our services. Every member is contractually obligated to pay a minimum amount equal to one year for residential and businesses plans, even if they change their mind post agreement. If you are not serious about your security, we do not want to waste valuable time. Any membership discounts received within six months prior to cancellation may be revoked and must be paid before the account is closed. Every membership plan will be charged a one month cancellation fee after the cancellation process is completed, if you have more than thirty (30) computers, the cancellation process could take additional months to finalize the cancellation. If you choose to cancel your policy, you must cancel within a minimum of 10 days and a maximum of 24 days prior to your next payment, otherwise you will be responsible for that payment as well as the cancellation fee of one monthly payment. Your signup of our membership programs is your agreement to our Cancellation Policy and Terms of Service listed on NaplesPC.com. All endpoint security software cannot be removed by the client, it must be removed by the administrator, NVIZI. If it is not removed by NVIZI, you could cause serious damage to your computer and risk losing data. ALL CANCELLATIONS MUST BE SCHEDULED, all communications must be with the Owner of the Account we have on file, so they understand the risks and charges, and what we need to do in order to proceed. If you wish to cancel; you must send a certified letter to 5633 Strand Blvd #315 Naples, FL 34110 REQUESTING a cancellation appointment, do not rely on email to do so.
Once all requirements are met, the last month must be paid in full. After which, the client has the option to pay the cancellation fee of one month immediately, or wait until the next payment is automatically removed. During this one month, or following the cancellation, NVIZI will need access to the computer in order to remove all scheduling and installed software. Failure to follow these steps could result in additional fees if the software is never removed or if your card is declined for any reason before the final day. It is also necessary for the member to send a certified cancellation letter to NVIZI as communication by email is not guaranteed, unless otherwise agreed. Naples PC is a target for an insane amount of junk mail due to its publicity, and often times emails can be overlooked. You cannot cancel your membership by email or by contacting our merchant service provider. This will result in continued charges, additional fees, and/or collections. These are the terms and conditions of the membership that is agreed upon by physical or digital signature, or by signing up for our services.
If you have additional questions or necessities, it is extremely important to communicate them with NVIZI. Lack of communication is the number one reason for membership cancellations.
Billing: Your credit card on file will be charged the agreed amount on a monthly basis. If the account is not able to be charged for any reason, you will be charged a late fee of $35 per month if your bill is not paid within five (5) business days. If you allow your account to laps by multiple months, cancel your card for any reason, or dispute your payment; you will be required to pay that month, plus the $35 late fee, plus a $20 Chargeback fee. NVIZI will not be able to cancel your account until all past due payments and fees are paid in full. Until this time, your account will remain active, services will continue to be provided, and late fees and monthly payments will continue to accrue. If you refuse to update or cancel your account properly, NVIZI holds the right to temporarily freeze your activated computers until payment is made. NVIZI is required to pay for these services and will not take kindly to billing games. It is not that difficult to make sure we are paid for our services. If the client still refuses to fix their billing issues, you account will be sent to collections against the person responsible for billing, collection and legal fees will then be added to your collection. Since you do not want to end up paying thousands of dollars in legal fees; consider it a wise decision to simply update your billing information with us as soon as it is available.
Third Party Software: In order for these services to work, we are required to install a series of third-party software and monitoring programs that are impossible for the user to remove without going through the cancellation process correctly. Due to users creating serious issues in the past, NVIZI does not allow you to access the administrator username or make administrative changes without authorization. Although we do not allow administrative changes to your computer, it does not mean that we are actually controlling your computer, it is simply a protective measure to prevent you, potentially malicious programs, or remote users from corrupting your operating system or hijacking your security. Without this protection, we cannot guarantee your security, because you could just as easily hack or allow someone to hack your computer using admin privileges. If you require software or printers to be installed, operating system changes, deleting global user icons, updating software that requires elevated privileges, etc. YOU MUST CONTACT US TO VERIFY ALL INSTALLATION OR OPERATING SYSTEM ELEVATED CHANGES. By becoming a member you agree that we are not liable should any third party program become hijacked or if they are malicious by nature. Although we control a large portion of the software, we are not the original designers. There could potentially be vulnerabilities or privacy issues within any software's original design. You must also give room for human error, as NVIZI does not claim to have the answer to every issue, and could unintentionally cause additional issues during the repair process.
IV. Transfer or Installation Services. Unless otherwise agreed, NVIZI is not liable for and you agree to hold NVIZI harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your Computer, whether incurred during the course of the Services or otherwise. If Services involve transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize NVIZI to transfer the information and accept such terms on your behalf in performing the services.
V. Limited Warranty/Disclaimer. NVIZI warrants that Services will be performed in a good and workmanlike manner, and that all hardware components will be free from material defects for a period of 90 days from the date the Services were completed. Services are warranted for a period of 30 days at the discretion of NVIZI. If you have a warranty claim and contact NVIZI within the 30 day period for Services, or 90 day period for hardware, NVIZI may provide Services to remedy the issue at no additional cost to you. There is NO warranty for removal of viruses, spyware, adware or malware; if they are the cause of a repeat effort, you will be charged again for that service. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED. NVIZI SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF NVIZI CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
VI. Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, NVIZI HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. NVIZI's ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICES, WHETHER DUE TO NVIZI’S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY NVIZI FOR SUCH SERVICES. NVIZI HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; AND ANY COSTS OF RECOVERING, PROGRAMMING, INTEROPERABILITY OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR COMPUTER AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST NVIZI IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID NVIZI FOR THE SERVICES.
VII. Data Protection. You acknowledge and agree that NVIZI will not be responsible for any and all data loss, data corruption, or failure or inability to transfer your data. You agree and understand that it is your responsibility to maintain copies of all important data on your Computer, and to obtain such copies prior to authorizing NVIZI to commence its Services. You acknowledge and agree that NVIZI may need to collect, process, use and store your data in performing its Services. You understand that certain laws may require NVIZI to surrender your Computer or data to legal authorities if you have potentially illegal material on your Computer.
VIII. Miscellaneous. This Agreement shall be construed under the laws of the State of Florida without giving effect to its conflict of law provisions. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement, including any Change Orders, is the only one that governs the Services. All waivers must be in writing, and no one is authorized by NVIZI to vary, orally or in writing, any of the terms and conditions of this Agreement.
IX. Arbitration. In the event any dispute arises under this Agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. Any and all binding arbitration proceedings shall be undertaken as “fast track” proceedings and shall only be commenced in Collier County, Florida. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Florida. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to be bound hereto.
Accidental Damage Protection Agreement
Important Notice
Please read the following terms carefully. By purchasing any Product that includes ADP as a benefit, You acknowledge and agree that You accept the terms and conditions set forth below.
1. WHAT THIS AGREEMENT COVERS
This Accidental Damage Protection Agreement (“Agreement”) is the complete agreement between you (“you” or “Your”) and NVIZI, LLC (“NVIZI” "Naples PC" or “Us” or “Our” or “We”) regarding Accidental Damage Protection (“ADP” or “ADP service(s)”) included in the products specified in your invoice or order confirmation. It supersedes and replaces any prior oral or written communications between you and NVIZI, LLC regarding ADP for the relevant products. Any additional or different terms in any order or written communications from you shall be void and of no effect. Any Product with ADP purchased under this Agreement will be provided as described in this Agreement. ADP is available in the country or region in which you purchased your product. ADP may be available in other countries or regions at NVIZI’s discretion. NVIZI is not an insurance company and simply offers ADP as a benefit for purchasing a Product through our company. We do not offer ADP for any Product not purchased in our store.
2. PRODUCT
The covered Product (“Product”) is the NVIZI / Naples PC device as identified on your invoice.
3. WHAT IS COVERED
NVIZI will, at our sole discretion, repair or replace the Product if it experiences operational or structural failures that impact the Product’s functionality resulting under normal operating conditions and handling due to: liquid ingress (water damage), unintentional physical damage of the Product, an electrical surge that damages the Product’s circuitry, or the failure of the integrated LCD screen.
4. WHAT IS NOT COVERED
This Agreement does not cover:
Normal wear and tear due to the normal aging of the Product, including parts that are expected to deteriorate over time;
Cosmetic damage (e.g, scratches, dents, or cracks that do not affect the Product’s functionality or structural integrity);
Batteries;
Damage caused by the use of non-manufacture branded or approved products, accessories or software;
Damage to accessories provided as a sale package with the Product;
Software, personal data, music or pictures or any other content lost through Product damage, through a repair service or due to Product replacement;
Damage from abuse, misuse, unauthorized modification, operating a Product outside its permitted or intended uses, unsuitable physical or operating environment, improper maintenance by anyone other than NVIZI or NVIZI authorized service providers, removal of original parts or alteration of a Product or identification labels;
Defects, damages, or the failure of the Product due to any third party communication service or network you subscribe to or use with the Product;
Damage caused by a product not covered under this Agreement or caused by biohazards or human or animal bodily fluids;
Theft, loss or damage from fire, flood, or natural disaster, war, terrorism, or acts of God;
More than two accepted claims within any 12 month period.
5. COVERAGE PERIOD
The period of ADP shall begin on the purchase date or activation date (as applicable) of the covered device. Depending on the duration of coverage listed in the Product details; the ADP will expire on the last day of the twelve (12) month, twenty-four (24) month or thirty-six (36) month period immediately following such start date. Coverage will terminate immediately if you reject these terms within 30 day of purchase, however you will not receive any refunds on your Product. While some manufactures may show a different or expired warranty on your device, your agreement is with NVIZI, not the manufacture. We sometimes purchase the Product long before we sell it to you, that can ultimately affect the exact dates of recorded coverage, but it will not affect you. NVIZI or its affiliates will take responsibility for any mismatch in manufacture details, as we do not directly represent any manufacture other than Microsoft, Lenovo, and Intel.
6. WAITING PERIOD
NVIZI reserves the right to inspect your Product prior to providing ADP Services, ADP cannot be purchased subsequent to the purchase of your Product. In fact, ADP is not sold at all, it is simply an included (although priced in) benefit with your Product purchase. NVIZI simply enjoys holding the manufactures responsible for their products durability. Repairs may be done by NVIZI or its affiliates and we are not liable for the specific time it takes to repair your device, especially if dealing with the manufacture or a third party is necessary. The typical Waiting Period for repairs is approximately two (2) weeks.
7. DEDUCTIBLE / EXCESS
In the event that you make a claim under the ADP service you will be required to pay a Deductible. The Deductible must be paid and received prior to receiving service, replacement or other reimbursement and may be paid to NVIZI or its affiliated partner through a valid credit card or debit card. The Deductible is payable for each accepted claim. The typical Deductible is $199 but may be more if NVIZI is required to go above and beyond the normal procedures.
8. ELIGIBILITY
In order to request an ADP service you may be required to provide a Proof of Purchase (“POP”) of your Product(s) to NVIZI via an online upload of the scanned receipt or by other means as required by NVIZI.
9. CLAIM LIMITATIONS
NVIZI will accept up to two (2) claims within any 12 month period. If you make two claims in any 12 month period your protection will continue (provided your ADP plan period is still valid) but you will not be able to make another claim for any further incidents before the anniversary of your first claim.
10. CANCELLATION
Once your Product is purchased, it cannot be cancelled except for fraud, or non-payment by You, including but not limited to collections or outstanding balances on your account for any reason. You may also choose to decline the ADP terms, which would only mean you don't want us to repair your Product as necessary, we would not refund any part of your Product price, as ADP is factored into the price and is not sold separately. You would still be covered with any manufacture warranties already purchased by NVIZI as we are not going to bother doing frivolous actions.
11. SERVICE
After NVIZI authorizes your claim, we will at our sole discretion repair your Product with new or refurbished parts, or replace your Product with a new or refurbished Product with comparable specifications. The decision to repair or replace will be made solely by NVIZI. If your Product requires repair, service will be provided by an authorized service center or by their subcontractors. You may be asked to provide proof of purchase as a condition for receiving service under this agreement. Your original purchase receipt should be kept with this agreement in a safe place.
If your Product has been modified, NVIZI will only repair or replace the Product to the original specification.
12. PAYMENT
Payment must be received by NVIZI in advance of providing ADP. You will be required to provide your proof of purchase as evidence of your entitlement to ADP. Product(s) price, taxes, and additional benefits such as ADP and Data Transfer are included in the Product total price listed as such and cannot be purchased separately on or subsequent the sale. If the product you are purchasing from NVIZI does not specify warranties, then any warranties will be with the manufacture upon registering your product with them and it will be your responsibility to purchase them directly from the manufacture with proof of purchase unless otherwise advised. Almost every product purchased through NVIZI may have additional extended warranties purchased by NVIZI. Most products at NVIZI come with a manufacturer’s extended warranty that is also purchased by NVIZI. If there are any issues, we will contact the manufacture or third party insurance provider based on our specific contract with them. You will never receive money or refunds in any form as a result of a claim. Your agreement is with NVIZI and not the manufacturer or a third party of our choosing. Any terms, services, rebates, discounts, or provisions that may come with manufacturer warranties are not relevant to this purchase as their agreement is with NVIZI, LLC, not you. NVIZI works with multiple manufacturers and each one holds their own terms that may not apply to you if you are not represented by NVIZI. We are not obligated to purchase manufacturer or any third party extended warranties as it is at the sole discretion of NVIZI how to protect ourselves against claims for which we take full responsibility the products that we sell.
13. WARRANTY
NVIZI warrants that services will be performed using reasonable care and skill.
THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL NVIZI, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF NVIZI, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT.
THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH MANUFACTURES MAY BE LIABLE UNDER LAW. NVIZI IS NOT A MANUFACTURE.
15. GENERAL
Any information exchanged between us is not confidential or proprietary, including any information you disclose over the phone or electronically. NVIZI and our related companies may process, store and use information about your transaction and your contact information, including – as far as provided by you to NVIZI for this purpose – name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, and to the extent permissible, we may use this information to inquire about your satisfaction with our products or services or to provide you with information about other products and services. You may decline to receive any further such communications from us at any time. In accomplishing these purposes, we may transfer your information to any country where we do business; we may provide it to entities acting on our behalf; or we may disclose it where required by law. We will not sell or otherwise transfer personally identifiable information you provide to any third parties for their own direct marketing use without your consent. For more information regarding how we may collect, store and use your personal information, please review the NVIZI Privacy Policy, available at: https://naplespc.com/policies/privacy-policy. If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in full force and effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Each of us grants the other only the rights specified in this Agreement. No other license or rights (including license or rights under patents) are granted by either of us to the other. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent. Neither of us will bring a legal action arising out of or related to this Agreement or Service more than two years after the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract. Neither of us is responsible for failure to fulfill obligations due to causes beyond their control. Either of us may communicate with the other by electronic means and such communication deemed to be in writing to the extent permissible under applicable law. An identification code contained in an electronic document shall be sufficient to verify the sender’s identity and the authenticity of the document. Each of us will comply with any laws and regulations that are applicable to this Agreement. NVIZI may assign this Agreement at any time upon written notice including but not limited to an affiliate or to our successor organization by merger or acquisition and does not require your consent. NVIZI may also assign its rights to payments under this Agreement without your consent. You may not assign this Agreement. Any terms which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and shall apply to our respective successors and assigns. Both you and NVIZI consent to the application of the laws of the jurisdiction where the service is purchased to govern, interpret, and enforce our respective rights, duties, and obligations under or relating to this Agreement, without regard to conflict of law principles. Each of us hereby waives our right to a jury trial in any action arising under or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If NVIZI, LLC at any point becomes obsolete; your contract with NVIZI, LLC will no longer be valid. However, NVIZI usually deals directly with the Product manufacture directly and may have purchased additional protections for your specific Product. Purchase of our Products is your agreement to our Accidental Damage Protection Agreement and Terms of Service listed on this site.
Customer Service Contact:
NVIZI / Naples PC
5633 Strand Blvd. #315
Naples, FL 34110
239-594-8324
NVIZI / Naples PC SMS Terms & Conditions
By “Opting In” to or using a NVIZI “Text Message Service” / SMS (both terms defined below), you accept these Terms & Conditions.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
Opting In.
By Opting In to a Text Message Service:
· You authorize NVIZI to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize NVIZI to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase. Messages will be send periodically to update you about your service.
· You are signing your Opt-In to the Text Message Service
· You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In
· You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please call 1-239-594-8324. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service. We will not share your mobile information with third parties for marketing purposes without your explicit consent. We will not transfer your personal data to external organizations without your explicit consent, except as required by law. We have implemented strict access controls and data protection measures to prevent unauthorized sharing of your information.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In. You must Opt-In to SMS Messaging by filling out the form at https://naplespc.com/pages/contact and agreeing to the terms and conditions or by replying JOIN via SMS if you have already done so. Users will receive messages periodically with updates about their pending services, billing, and in response to requests for service.
About the Text Message Services and Opting Out.
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. NVIZI may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. For services operated through 239-594-8324, you can get help by texting HELP, and you can opt out by texting STOP. For Text Message Services operated through a different number, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in the NVIZI Privacy Policy. To contact NVIZI customer service, call 1-239-594-8324. You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older).
Dispute resolution by binding individual arbitration.
ANY DISPUTE INVOLVING YOU AND NVIZI OR ANY OF ITS AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:
· ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
· ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with NVIZI, its agents, and its present and future subsidiaries, affiliates, and designees – including, but not limited to, Naples PC, NVIZI, Bonita PC, Vegas PC, Cleaner Naples, Marco PC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of NVIZI’s websites; (2) your membership in any NVIZI loyalty or rewards program (e.g., NVIZI) or subscription-based services (e.g., Naples PC™); (3) your receipt of delivery, repair or installation services or consultation services provided by NVIZI or its agents; (4) any communications between you and NVIZI; (5) application for financing; and/or (6) your purchase of products or services offered, sold, or distributed by NVIZI including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services. If you are a My NVIZI member, Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of, the My NVIZI program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Before either Party may initiate an arbitration proceeding, you and NVIZI agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to NVIZI. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable NVIZI to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by you and sent to NVIZI at Naples PC; 5633 Strand Blvd #315 Naples, Florida 34110 or by email at naplesfloridatech@live.com. If NVIZI intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by Best Buy as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and NVIZI. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or NVIZI may proceed with individual arbitration (this informal process is a condition precedent to doing so). If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. You may serve a copy of a demand on our registered agent Naples PC; 5633 Strand Blvd #315 Naples, FL 34110. The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it. If the Parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, NVIZI will consider reimbursing the consumer portion of the AAA fees upon a showing of financial hardship.
The Parties shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where you live or at another mutually agreed upon location. NVIZI reserves the right to request a hearing from the arbitrator. You agree to personally appear at any in person hearing (along with your counsel if you are represented).
YOU AND NVIZI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and NVIZI agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that a claim for public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
This paragraph sets forth additional procedures that apply to mass arbitrations. If twenty-five (25) or more similar claims are asserted against NVIZI by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for NVIZI shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings. This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. You and NVIZI agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against NVIZI.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with NVIZI. Any amendments to this dispute resolution provision shall not affect any then active or pending arbitration proceeding.
Applicable law.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST NVIZI.
Mobile carriers.
Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. NVIZI and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.
Definitions.
· “Text Message Service” includes any arrangement or situation in which NVIZI sends (or indicates that it may send, or receives a request that it send) one or more text messages
· “SMS” includes any arrangement or situation in which NVIZI sends (or indicates that it may send, or receives a request that it send) one or more text messages
· “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages
· “NVIZI” means NVIZI, Naples PC, and its affiliates and subsidiaries
