Terms of Use

Thank you for visiting Navigation101.com ("Navigation101.com" or the "Site"), a college and career readiness website owned and operated by Envictus Corporation ("Envictus", "we" or "us"). In addition to the resources and information we provide to both (1) students and (2) teachers, advisors and/or administrators ("School Personnel"), we also provide a number of related services (collectively, the "Services").

You should read these Terms of Use carefully before you use the Site or Services. By visiting the Site or using any of our Services, you agree that the following terms and conditions (the "Terms of Use") form a binding agreement between you and us, and you consent to these Terms and Use. If you do not agree to these Terms of Use, please do not use the Site or Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD'S USE OF THE SITE.

1. USE OF CONTENT AND TECHNOLOGY

For you to have a meaningful experience on Navigation101.com or our Services, we must utilize a significant amount of Content and technology. We have to protect this Content and technology so we can continue to provide the Site and all of the Services to you and other users. You agree that both (1) the Content of the Site and Services, including without limitation, text, data, information, music, sound, photos, and graphics ("Our Content") and (2) the software, code, proprietary methods and systems used to provide Navigation101.com or the Services ("Our Technology") are the property of Envictus or the respective copyright holders and are protected, without limitation, under U.S. and foreign copyright, trademark, and other proprietary laws. Neither Our Technology nor Our Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Our Content on any single computer for your personal non-commercial use only, provided you keep intact and abide by all copyright and other proprietary notices in such content. You must also abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. There are no implied licenses. Modification of or use of Our Content for any other purpose is a violation of Envictus' copyright, trademark, and trade secret rights and/or its licensors' proprietary rights, including the use of Our Content on any other web site or networked computer environment. In the event we offer downloads of software from the Site and you download such software, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software"), are licensed to you by Envictus for your limited, personal, noncommercial use only. Envictus does not transfer title to the Software to you. As between you and Envictus, Envictus retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos ("Marks") of Envictus or other entities. You are not authorized to use any such Marks. You further acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or content or any part thereof to you or any third party nor to authorize you to create derivative works based on the content. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

Any use of third party software provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms of Use.

2. USER CONDUCT

It is our goal to make access to our Site and Services a good experience for all of our users. Please exercise respect when you are using our Site and Services. You agree to comply with all laws that apply or may apply to your use of or activities on Navigation101.com and any rules for conduct on Navigation101.com or use of specific features and/or services offered by us through the Site that may be posted on Navigation101.com, whether in these Terms of Use or otherwise, from time to time.

You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit (1) your access to, (2) your use of, or (3) any portion of, Navigation101.com or the Services, for any purposes other than for which Navigation101.com or Services are being provided to you, or do any of the following:

  • Conduct or promote any illegal activities while using Navigation101.com or the Services;
  • Upload, distribute or print anything that may be harmful to minors;
  • Attempt to reverse engineer or jeopardize the correct functioning of Navigation101.com, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • Attempt to gain access to secured portions of Navigation101.com or Services to which you do not possess access rights;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Use Navigation101.com or Services to generate unsolicited email advertisements or spam;
  • Use Navigation101.com or Services to stalk, harass or harm another individual;
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
  • Interfere in any way with the proper functioning of Navigation101.com and Services or interfere with or disrupt any servers or networks connected to Navigation101.com or Services, or disobey any requirements, procedures, policies or regulations of networks connected to Navigation101.com or Services;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  • Mirror or frame Navigation101.com or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

3. CHANGES TO SITE

We are always striving to make your experience more enjoyable. As a result, we may add, change, discontinue, remove or suspend any portion of Navigation101.com at any time, without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

4. USER ACCOUNTS

In order to use the Services, users of Navigation101.com must create an account with a user name and password ("Account Credentials") that you may select or that School Personnel may assign to you. If you create an account, you agree to provide only true, accurate, current and complete information and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You further agree to accept all responsibility for all activities that occur under your Account Credentials, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are solely responsible for maintaining the confidentiality of your Account Credentials so that others may not access any members-only or password-protected portions of Navigation101.com using your account and/or identity. We rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using your Account Credentials, we are going to assume that it is really you who is accessing the Site and Services. So please do not share your Account Credentials. Envictus reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of Navigation101.com for any reason, including without limitation for extended periods of inactivity.

5. CONTENT

When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call "Content." Some of that Content is created by us; some by School Personnel; and some by other users of the Site and/or Services. You may also have the ability to create Content. You are entirely responsible for each individual item of Content that you post on the Site and, as between you and us, you retain ownership and any intellectual property rights in the Content you post. You grant us a non-exclusive, royalty-free, fully paid license, under any and all of your copyright and other intellectual property rights related to that Content to use it to provide the Services. You agree not to revise Content posted by others, including Our Content, and you represent and warrant that you will not post Content or use Our Content in any manner that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
  • Is false or inaccurate or becomes false or inaccurate at any time;
  • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • Misrepresents your identity in any way;
  • Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Advocates or encourages any illegal activity; or
  • Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

6. TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by: (1) destroying all materials obtained from Navigation101.com and all related documentation and all copies and installments thereof, whether made under the terms of these Terms of Use or otherwise, (2) ceasing use of the Services and access to the Site; and (3) notifying us of such termination. These Terms of Use will terminate immediately without notice from Envictus, if in Envictus' sole discretion you fail to comply with any term or provision of these Terms of Use. We may also terminate your access at any point without prior notice upon the termination of our contractual relationship with the school with which you are affiliated. Upon termination, you must destroy all materials obtained from Navigation101.com and all copies thereof, whether made under the terms of these Terms of Use or otherwise. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES. Sections 1, 5, 6, 7, 8, 9, 11 and 15, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Our Content, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.

7. DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENVICTUS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO NAVIGATION101.COM, OUR CONTENT, OUR TECHNOLOGY OR THE SERVICES, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE" AND ENVICTUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DATA ACCURACY, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FOREGOING. ENVICTUS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON NAVIGATION101.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF NAVIGATION101.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. ENVICTUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON NAVIGATION101.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ENVICTUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, OUR CONTENT, OUR TECHNOLOGY OR NAVIGATION101.COM, EVEN IF ENVICTUS OR A ENVICTUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) ARISING FROM OR RELATING TO THE SITE OR SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00).

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

9. INDEMNIFICATION

By using Navigation101.com, you agree to indemnify, defend and hold harmless Envictus from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of Navigation101.com or the Services; (3) any material uploaded by you or through your computer to Navigation101.com or otherwise sent by you to Envictus; (4) our violation of any rights of any other person or entity; or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. You will cooperate as fully and reasonably as required by Envictus in the defense of any claim. Envictus reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Envictus.

10. JURISDICTIONAL ISSUES

Navigation101.com is controlled and operated by Envictus from its offices in Virginia, United States of America. Envictus makes no representation that materials on Navigation101.com are appropriate or available for use in other locations. Those who choose to access Navigation101.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. GENERAL PROVISIONS

Unless you have a written agreement with us that provides a different governing law, these Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in Fairfax County, Virginia and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. These Terms of Use constitute the entire and exclusive agreement between you and us relating to the subject matter herein. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. Each of the components that constitute the Software and Our Technology and their related documentation is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 or the corresponding sections in any state law, all government end user acquire the components of the Software and Our Technology and any accompanying documentation with only those rights set forth in these Terms of Use.

12. PERMISSION FOR REPRINTS

Our Content, without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint Our Content, please write to:

Permission for Reprints
Navigation101
14160 Newbrook Drive, Suite 200
Chantilly, VA 20151

13. PRIVACY

We know that your privacy is important to you, and it is also important to us. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.

14. PERMISSION FOR WEB LINKING

If you link to Navigation101.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Envictus. Any such link must not damage, dilute or tarnish the goodwill associated with Envictus and/or any Envictus intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Envictus, and you may not "frame" Navigation101.com. You may not link to Navigation101.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Envictus' sole discretion. Envictus reserves the right, in its sole discretion, to terminate any link from any web site.

15. COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, our Copyright Agent can be reached via mail at Copyright Agent, Legal Department, Envictus Corporation, 14160 Newbrook Drive, Suite 200, Chantilly, VA 20151 or via email at legal@envictus.com. Please provide our Copyright Agent the following information in writing:

  1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of each alleged infringing copyrighted work or works;
  3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
  4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
  5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. MODIFICATION

We may want to change, modify, add or delete portions of these Terms of Use at any time, and we reserve the right to do so. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of (1) your acknowledgement of such modifications; or (2) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services. The current Terms of Use may be viewed at http://www.Navigation101.com/terms along with the date of most recent update.

17. ELECTRONIC COMMUNICATIONS.

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications electronically, and our agreement to do so, applies to all of your interactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email address so that you continue to receive all Communications without interruption.

18. NOTICE

We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to support@envictus.com or as otherwise expressly provided. Please report any violations of these Terms of Use to support@envictus.com.

Most recently updated August 11, 2010.

© 2010 Envictus Corporation. All rights reserved.