Navimow Reward Program Terms and Conditions
At Navimow Inc. (the “NAVIMOW”, “Company”, “us”, “our” or “we”), our mission is to provide sustainable mowing solutions revolutionizing the way people live, work, and play.
If you share our mission and desire to share your joyfulness and love of it, you are welcome to join and/or refer your friends and family to join NAVIMOW REWARD PROGRAM (the “Reward Program”, “Membership Program”or “Program”). To join the Program, you have to be eligible and agree to the terms and conditions of Navimow Reward Program Terms and Conditions as provided below (“T&Cs”). By joining the Program, you would become a member thereof (each, a “Program Member” or “Member”). Joining the Program is free, and no purchase is necessary to become a Member. As a Member, you would have opportunities to earn promotional points (a.k.a. “Navimow Points”) per T&Cs by making purchases on qualifying online products at the us.navimow.segway.com (“Navimow Store”) or by participating in specific activities designated by the Navimow. The promotional points (i.e., Navimow Points) may be used to enjoy certain benefits and privileges at Navimow Store, as provided and modified by Navimow from time to time, such as using the Navimow Points as credit on Navimow Store or to exchange for Navimow gifts for free (including certain gifts exclusive for the Members). The Navimow Points are not cash, not redeemable for cash, have no cash value, and cannot be transferred.
PLEASE READ THE T&Cs CAREFULLY. BY JOINING THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THOSE INCORPORATED HEREIN BY REFERENCE AND MODIFIED BY NAVIMOW FROM TIME TO TIME (IF ANY). IF YOU DO NOT AGREE TO THE T&Cs, YOU SHALL NOT JOIN THE PROGRAM AND/OR APPLY FOR MEMBERSHIP IN THE PROGRAM. IF YOU ARE AN U.S. RESIDET, THE T&Cs INCLUDES AN MANDATORY ARBITRAITON CLAUSE (SECTION 11) THAT GOVERNS ANY DISPUTES BETWEEN YOU AND NAVIMOW PARTIES. THIS MANDATORY ARBITRATION CLAUSE WOULD ELIMINATE YOUR RIGHT TO TRIAL BY COURT, BY JURY, AND SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS, REPRESENTATIVE OR CONSOLIDATED PROCEEDINGS AND/OR ACTIONS.
THE BENEFITS, PRIVILEGES, AND/OR NAVIMOW POINTS OFFERED UNDER THE PROGRAM IS FOR LOYALTY, AWARD, OR PROMOTIONAL PURPOSES. THE BENEFITS, PRVILEGES AND/OR NAVIMOW POINTS WOULD BE EXPIRED IF YOUR ACCOUNT IS DORMANT FOR THREE (3) YEARS, AND YOUR ACCOUNT MAY BE TERMINATED IF YOU BREACH THE T&Cs. FOR MORE DETAILS, PLEASE READ SECTION 6 OF T&Cs BELOW. NO FEES WOULD BE IMPOSED IN CONNECTION WITH THE PROGRAM. YOU COULD CONTACT NAVIMOW FOR FURTHER INFORMATION VIA EMAIL AT: NAVIMOW-STORE@RLM.SEGWAY.COM.
Navimow Reward Program Terms and Conditions
Effect Date: March 20, 2025
Navimow Reward Program effective on the Effective Date shall be herein referred to as “Program”.
PLEASE READ THE T&Cs CAREFULLY. BY JOINING THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THOSE INCORPORATED HEREIN BY REFERENCE AND MODIFIED BY NAVIMOW FROM TIME TO TIME (IF ANY). IF YOU DO NOT AGREE TO THE T&Cs, YOU SHALL NOT JOIN THE PROGRAM AND/OR APPLY FOR MEMBERSHIP IN THE PROGRAM. IF YOU ARE AN U.S. RESIDET, THE T&Cs INCLUDES AN MANDATORY ARBITRAITON CLAUSE (SECTION 11) THAT GOVERNS ANY DISPUTES BETWEEN YOU AND NAVIMOW PARTIES. THIS MANDATORY ARBITRATION CLAUSE WOULD ELIMINATE YOUR RIGHT TO TRIAL BY COURT, BY JURY, AND SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS, REPRESENTATIVE OR CONSOLIDATED PROCEEDINGS AND/OR ACTIONS.
THE BENEFITS, PRIVILEGES, AND/OR NAVIMOW POINTS OFFERED UNDER THE PROGRAM IS FOR LOYALTY, AWARD, OR PROMOTIONAL PURPOSES. THE BENEFITS, PRVILEGES AND/OR NAVIMOW POINTS WOULD BE EXPIRED IF YOUR ACCOUNT IS DORMANT FOR THREE (3) YEARS, AND YOUR ACCOUNT MAY BE TERMINATED IF YOU BREACH THE T&Cs. FOR MORE DETAILS, PLEASE READ SECTION 6 OF T&Cs BELOW. NO FEES WOULD BE IMPOSED IN CONNECTION WITH THE PROGRAM. YOU COULD CONTACT NAVIMOW FOR FURTHER INFORMATION VIA EMAIL AT: NAVIMOW-STORE@RLM.SEGWAY.COM
Section 1 Eligibility.
To be eligible to join the Program, you must (a) be at least eighteen (18) years old, (b) be a legal resident of the United States , (c) agree to the all the terms and conditions of this Program (i.e., “T&Cs”), and (d) agree to not abuse and/or misuse the benefits, privileges and/or Navimow Points provided by the Program. An employee, legal representative, or partner of Navimow or any Affiliate of Navimow shall NOT join the Program.
Section 2 Agreement.
By APPLYING FOR THE PROGRAM, JOINING THE PROGRAM, AND/OR USING, ACCEPTING, INVOKING AND/OR CLAIMING THE BENEFITS, PRIVILEGES AND/OR NAVIMOW POINTS CONFERRED AND/OR PROVIDED BY THIS PROGRAM, YOU AGREE TO BE BOUND BY THE T&Cs HEREIN.
Section 3 Navimow Points And Membership Account.
a) Navimow Navimow Points may only be used on Navimow Store. The Navimow Points that you earn will appear as Navimow Points on the dashboard of your Membership account.
The Navimow Points are intended for your personal use only, and you shall not use the Navimow Points for any commercial purpose, gaming, gambling, immoral and/or illegal purpose. The Navimow Points are not targeted towards. The Navimow Points shall NOT be transferred, assigned, sold, altered, bartered, pledged, used as collateral, subject to any security interest, and the Navimow Points are not cash, not redeemable for cash, and have no cash value (unless required by law). In no event the Navimow Points may be used to redeem and/or exchange for gift cards and/or other stored value cards. The Navimow Points may only be used and/or enjoyed in certain ways as explicitly provided by Navimow per the terms and conditions (including Navimow’s right to terminate and/or modify within its sole discretion) herein.
b) Your Membership Account is Navimow’s Property. Navimow would license you the right to use the Membership Account for the sole purpose of the Program subject to the T&Cs. You agree to use Membership Account solely for the purpose of the Program in accordance with the T&Cs. Each person shall only have one Membership Account. You shall not create multiple accounts for the purpose of earning additional Navimow Points. Navimow Points earned and stored in separate Membership Account may not be combined into one account. The Navimow Points stored in a Membership account shall not be transferred to another account, even if both accounts are owned and/or controlled by a same person.
Section 4 How to Earn Navimow Points.
There are many ways for Navimow fans to earn Navimow Points, which includes but is not limited to:
a) Create an account and you will receive 100 Navimow Points.
b) Agreeing to subscribing to the newsletter on Navimow Store and you will receive 500 Navimow Points.
c) Purchasing Navimow products on Navimow Store and you will receive certain Navimow Points. You will earn Navimow Points based on the Net Purchase Price of Navimow products eligible and available for the Program. The Net Purchase Price is the amount equal to: the actual price that you actual pay for a product on Navimow Store deducting any rebates, incentives, credits, taxes, tips, shipping and handling fees, delivery fees, wrapping fees, banking fees, and other fees and expenses charged by third parties. For every dollar of Net Purchase Price that you actual pay for an eligible product, you would receive one (1) Navimow Points.
Subject to the return policy, product warranty agreement, product purchase agreement and/or law applicable to purchase of Navimow Product, which shall be incorporated herein by reference, if your purchase is later cancelled and/or you receive a refund for the product, the Navimow Points that you may have earned from the purchase would be revoked and deducted from your Account by Navimow accordingly. If you do not have sufficient Navimow Points in your Account to accommodate the deduction, your Navimow Points may have a negative Navimow Points Account. You do not need to pay any fees for a negative Navimow Points account, but any Navimow Points earned in the future shall be first used to offset the negative Account.
Navimow may, in its sole discretion, decide the list of Navimow products eligible for the Program, makes such products available for the Program, and the list is subject to change, modification, termination and expiration from time to time within Navimow’s sole discretion. Despite of anything to the contrary, e-gift card, gift certificates and gift cards are not eligible for the Program.
d) From time to time, Navimow, or a person acting per our explicit and clear authorization and permission, may offer Members special events and/or programs (online and/or offline), you may have opportunity to earn Navimow Points by participating them. Different terms and conditions may apply to such events and/or programs.
Section 5. How to Use Navimow Points.
The Navimow Points may only be used on Navimow Store. You may only use the Navimow Points in the ways explicitly provided by the Program per the then applicable T&Cs on Navimow Store. From time to time, Navimow within its sole discretion may offer opportunities to use the Navimow Points in other ways, and special terms and conditions may apply thereto.
a) The Navimow Points can be used to redeem credits on the Navimow Store. Credits can be applied as discounts at checkout to save on your purchases. Points may only be redeemed at checkout and are applicable to eligible Navimow products available through the Program. The redemption rate is 50 points per $1 credit, and it is subject to change at Navimow's sole discretion without prior notice. The actual redemption rate at the time of the transaction controls.
An order paid (fully and/or partially) by the credits shall not be canceled or changed after it is placed. The risk of loss shall pass to you upon tendering the product to the first carrier for the purpose of delivering it to you. You would enjoy a standard limited manufacturer warranty for the product purchased by the credits. The limited manufacturer warranty shall be subject to terms and conditions of the product’s limited warranty agreement as provided (a paper copy) in the package of the product and is also available in the Help Center: https://segway-navimow.my.site.com/.
You are responsible for any personal tax liability due to the receipt of the credit(s) due to your Navimow Points redemption. Please consult with your tax advisor.
b) Navimow Points could be used to redeem certain gift rewards on Navimow Store that are made eligible and available for the Program by Navimow from time to time within its sole discretion. To redeem such gift reward, no purchase is required, though you are encouraged and/or permitted to purchase additional Navimow product(s) together with redemption of a gift reward in one transaction. You may only redeem one gift reward in one transaction, provided that you have enough Navimow Points in your Membership account to redeem that specific gift reward. The risk of loss shall pass to you upon tendering gift rewards to the first carrier for the purpose of delivering it to you.
You shall be responsible for taxes, shipping fees, and other third-party fees and charges related to the receipt of gift reward. All offer for gift rewards by Navimow are for a limited time, while supplies last, and provided on a first-come first-served basis. The gift rewards eligible and available for the Program are subject to change, alternation, substitution, expiration, or termination by Navimow in its sole discretion at any time. The images of gift rewards displayed on the website available for the rewards redemption are for illustrative purposes only. The actual products may vary.
If you use the Navimow Points to exchange for gift rewards:
i) For the first tier gift rewards, THEY ARE PROVIDEDS “AS IS” AND ANY EXPRESS OR IMPLIED PRODUCT WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF: (i) MERCHANTABILITY AND/OR (ii) FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE ARE EXPRESSLY DISCLAIMED BY NAVIMOW.
ii) For Navimow accessory product rewards available in the middle and top tier, You would enjoy a standard limited manufacturer warranty for the product. The limited manufacturer warranty shall be subject to terms and conditions of the product’s limited warranty agreement as provided (a paper copy) in the package of the product and is also available in the Help Center: https://segway-navimow.my.site.com/.
c) The credit(s) may only be used to deduct and/or offset Net Purchase Price, and the credit(s) cannot be used for paying any third-party fees and charges such as shipping fees. However, per Navimow’s shipping policy [https://us.navimow.segway.com/policies/shipping-policy], you may enjoy free shipping on the condition that total purchase price for one transaction is over the free shipping threshold and the product is eligible for free shipping. The retail value of the gift reward shall not count toward the free shipping threshold.
d) The list of Navimow products eligible and available for the Program shall be made by Navimow within its sole discretion, and Navimow shall have the right to change, modify, expire and/or terminate the list within its sole discretion from time to time.
e) The Navimow Points and/or credits redeemed per Section 5 a) cannot be used in combination with any other special offers and/or discounts, unless otherwise explicitly indicated by Navimow.
Section 6. Expiration of Navimow Points, Termination of Membership and/or Account.
a) The Navimow Points in your Membership Account will expire, if your Membership Account is dormant for more than three (3) years. An Account is dormant, if it does not make any purchase, redeem gift rewards or credit(s). A Navimow Points expiry statement email will be sent to your email that you provide to Navimow two (2) months prior to expiration date. Before the expiration of Navimow Points, users can use them in the following ways, including but not limited to redeeming them for credits. Once the Navimow Points have expired, total points will be zero.
If within the sole but reasonable discretion of Navimow, Navimow believes that you breach the T&Cs, abuse, manipulate and/or game the Program and/or its rules, make misrepresentation (including omission to disclose material information required by the T&Cs and/or by law), make any conduct detrimental to Navimow’s interest that are not otherwise protected by law (“Abusive Conduct”), Navimow has the right to immediately suspend and/or freeze your Account for certain period of time as it deems fit, or terminate, revoke and/or cancel your Account. Any benefits, privileges and/or Navimow Points obtained through your Abusive Conduct shall be revoked and/or cancelled, and Navimow reserves the right to prevent you from continue to participate in the Program. If your Account is suspended and/or froze, you cannot use any benefits, privileges and/or Navimow Points in your Account during the relevant period. If your Account is expired, terminated, revoked and/or canceled, all your benefits, privileges and/or the Navimow Points in your Account will be forfeited automatically and immediately without further notice.
b) If you have any question regarding your Navimow Points and/or Account, or you believe that your Navimow Points have been expired in error, and/or an adverse action taken by Navimow to your Account is in error, please email to navimow-store@rlm.segway.com for assistance.
Section 7. Interpretation, Modification and Termination.
a) Any and All the benefits, privileges, the Navimow Points, features, special events and/or offers, and/or eligibility, are made available for the Program by Navimow within its sole discretion from time to time. Navimow may, within its sole discretion, alter, limit, amend, modify, expire, terminate and/or cancel the Program (in part or in whole) including its terms and conditions, with or without notice, subject to applicable law. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGE.
Despite of anything to the contrary, neither Navimow nor you may alter, limit, amend, modify, expire, terminate and/or cancel the following sections without the other party’s consent: Section 11 Dispute Resolution and Arbitration, Section 12 Limitation of Liability, Section 13 Statute of Limitation, and Section 16 Choice of Law.
b) You understand and agree that in an event Navimow exercises its rights per Section 7 a), the benefits, privileges, and/or the Navimow Points that you previously earn and accumulate under the Program, and/or any of future benefits and/or offers that you may expect from the Program, may be adversely affected, including but not to limited your loss of all benefits, privileges and/or the Navimow Points under the Program.
c) Within the sole but reasonable discretion, Navimow shall have the sole right to interpret and/or apply the terms and conditions of the Program. Navimow interpretation and/or application of the terms and conditions will be final.
Section 8. Navimow’s Privacy Policy and Emails.
BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY NAVIMOW’S APPLICABLE PRIVACY POLICY AND OUR WEBSITES’ TERMS OF USE, WHICH SHALL BE INCORPORATED HEREIN BY REFERENCE. Navimow’s Privacy Statement [https://us.navimow.segway.com/policies/privacy-policy].
To join the Navimow Reward Program, no initial purchase is required; however, you must complete the enrollment process on the Navimow website to become a valid member. During registration, you'll be asked to provide your first and last name, email address, and password, with an option to subscribe to our newsletter. Once you submit the required information, your account will be successfully created, and you will be enrolled in the program. By applying for membership, you agree to receive advertising, marketing materials, and other communications from Navimow. Please refer to our privacy policy[https://us.navimow.segway.com/policies/privacy-policy] for details on how your information will be used. For certain information collected, Navimow requires it to (a) provide the requested services, (b) enable internal uses aligned with your relationship with Navimow, and (c) use your personal information in a lawful manner. This program is void where prohibited.
You shall carefully read and understand the applicable consumer privacy notice and/or statement. If you do not agree to it as a whole, you shall not apply for the Program, join the Program, and/or use, accept, invoke and/or claim any benefits, privileges and/or the Navimow Points conferred and/or provided by this Program.
Section 9 Trademark and Copyright Notice.
Navimow trademarks are the logos, trademarks, and service marks of Navimow’s affiliates and Navimow is an authorized licensee of Navimow trademarks. All other trademarks, service marks and logos used on Navimow web site(s) are the trademarks, service marks or logos of their respective owners. All software used on the web site(s) and/or in connection with the Program is the property of Navimow or its software suppliers and is protected by copyright and/or other intellectual property laws. The materials displayed or performed or available on or through the Navimow’s web sites and the Program, including, but not limited to, design, button icons, audio clips, video clips, text, graphics, data, articles, photos, images, illustrations, content, the selection and arrangement thereof, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. All Content is the exclusive property of Navimow, and only Navimow has the right to collect, compile, arrange and/or assemble the Content. ALL RIGHTS RESERVED.
You may download one copy of the foregoing materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or participating the Program. No other permission is granted to you. You promise to abide by all copyright, trademark, and other applicable intellectual property right law, notices, rules, information, and restrictions contained in any foregoing materials you access on or through the Navimow’s web sites and the Program, and you shall not use, copy, reproduce, create derivative work based on, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any trademark, software (including object code and source code), and/or the Content not owned by you, (i) without the prior consent of the owner of such property or (ii) in a way that violates someone else’s (including Navimow's) rights. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. You shall not create an emulator or simulator of the foregoing materials in a manner that is likely to confuse the public about the source of the emulator or simulator. You shall not create materials that look as though they originated from or are endorsed by Navimow and/or its affiliates (including Ninebot).
Section 10 Questions and Disputes.
If you have questions and/or dispute with Navimow with regards to the benefits, privileges, the Navimow Points, the T&Cs, the Program, and application or interpretation of the T&Cs by Navimow, you may contact Navimow’s relevant team by emailing: navimow-store@rlm.segway.com. Navimow may require you to submit additional information and/or evidence (including but not limited to written evidence and statement) in order to investigate your question and/or dispute. You agree to resolve your question and/or dispute with Navimow in good faith and in a confidential manner. If you have dispute that cannot resolved per Section 10 and you are an U.S. resident, the matter shall be resolved per Section 11.
Section 11. Dispute Resolution and Arbitration.
PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. BY JOINING THE PROGRAM, APPLYING FOR MEMBERSHIP IN THE PROGRAM AND/OR OTHERWISE AGREEING TO THE T&Cs, YOU (IF YOU ARE A U.S. RESIDENT) AGREE TO THE MANDATORY ARBITRATION BETWEEN YOU AND NAVIMOW PARTIES PER SECTION 11, AND YOU AGREE TO WAIVE YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, AND TO BRING ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS AND/OR ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND THE DISCOVERY IS MORE LIMITED. AN ARBITRATION AWARD IS FINAL AND BINDING AND SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU CAN OPT OUT THE ARBITRATION CLAUSE WITHIN THE FIRST THIRTY (30) CALENDAR DAYS AFTER YOU JOIN THE PROGRAM, APPLY FOR THE MEMBERSHIP AND/OR OTHERWISE AGREE TO THE T&CS, WHICHEVER COMES FIRST BY EMAILING TO NAVIMOW-STORE@RLM.SEGWAY.COM AND PROVIDING THE REQUESTED INFORMAITON. FOR THE DETAILS ABOUT YOUR OPT OUT RIGHT, PLEASE REFER TO SECTION 11 G) BELOW.
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
a) AGREEMENT TO ARBIRATION: in consideration of the good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree that any dispute, controversy, or claim arising out of, related to or in connection with this Program and the T&Cs, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party.
b) WAIVER OF JURY TRIAL: YOU AND NAVIMOW PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
c) ARBITRATION RULES AND ARBITRATOR AUTHORITY: Arbitration shall be conducted by the American Arbitration Association (AAA) according to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “AAA Rules”). The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the “Liability of Limitation” clause herein subject to the applicable law. The arbitration tribunal shall have the power to rule on any challenge to its jurisdiction or to the validity or enforceability of any portion of the Agreement to arbitrate. Any decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction.
d) PROCEDURE: before initiating an arbitration against Navimow Parties, you must first notify Navimow Parties of your dispute in good faith in writing (“Notice of Dispute”). In your Notice of Dispute, you shall include your contact information, your concerns and/or dispute, and the relief you intend to seek from Navimow Parties, and any information you believe would help resolve the dispute. Navimow Parties will review your Notice of Dispute to determine whether Navimow Parties may settle it with you to avoid arbitration. The Notice of Dispute should be sent by certified mail to Attention: Disputes, Navimow Inc., 98 Spit Brook Rd. Suite 2203, Nashua, New Hampshire, 03062. Please keep a copy of your notice for your records. Upon Navimow Parties’ receipt of your Notice of Dispute, Navimow Parties shall have thirty (30) calendar days to review it. If you do not hear from Navimow Parties after the expiration of the thirtieth (30th) date, you may proceed with filing an arbitration claim against Navimow Parties. Should Navimow Parties provide you a written settlement offer, please keep this settlement offer because Navimow Parties and you will be required to show this settlement offer to the arbitrator. Notwithstanding the foregoing, such offer, if any, shall not be shown to the arbitrator until after the arbitrator’s determination on the merits of your claim.
e) SMALL CLAIMS: For any arbitration in which your total claims, exclusive of attorney fees and expert witness fees, is $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees, and costs as part of any award on the condition of the arbitrator’s actual and affirmative finding that the claim is non-frivolous. In a Small Claim case, you are required to pay no more than half of the total administrative, facility, and arbitrator fees, or $50.00 of such fees, whichever is less, and Navimow Parties shall pay the remainder of such fees. In a Small Claim case, Navimow Parties shall not recover any attorney fees provided that your claim is non-frivolous. Administrative, facility, and arbitrator fees for arbitrations in which your total claimed damages, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”), shall be determined according to AAA Rules. In a Large Claim case, the arbitrator may grant to the prevailing party or apportion among the parties reasonable attorney fees, expert witness fees, and costs. The arbitrator shall be entitled to award declaratory or injunctive relief upon request by any party.
f) NO CLASS ACTION: you waive the right to participate in class actions arising from or relating to all claims and disputes with Navimow Parties. You agree to resolve disputes with Navimow Parties and arbitrate solely on an individual basis and not to bring a claim as a plaintiff or class member in a class, consolidated, or representative action and/or proceeding. Arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Class actions, class arbitration, private attorney general actions, representative actions, and consolidation with other arbitrations are not allowed.
g) OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Navimow at: navimow-store@rlm.segway.com and providing the requested information as follows: (i) Your Name; (2) Your email address; (3) you Membership Account username (if any), and (4) a clear statement that you wish to opt out of this arbitration clause applicable to the Navimow Reward Program and T&Cs. The optout notice must be received by Navimow within the first thirty (30) calendar days after you join the Program, apply for the Membership and/or otherwise agree to the T&Cs, whichever comes first.
h) FEDERAL ARBITRATION ACT: The Federal Arbitration Act governs this arbitration clause. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.
i) CONFIDENTIALITY: except as may be required by law, parties to arbitration shall preserve the confidentiality of all aspects of arbitration, and shall not disclose to a third party (other than disclosure to affiliate(s) and/or third party professional service providers, such as attorney, consultant, accountant, tax adviser of a party on a need-to-know basis and such affiliate(s) and/or third party service provider is informed of the confidential nature of such information and is instructed to keep such information confidential), all information made known and documents produced in the arbitration not otherwise in the public domain, all evidence and materials created for the purpose of arbitration, and all awards arising from arbitration, except, and to the extent that disclosure is required by law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
j) SEVERABILITY: In the event that this T&Cs is held as void, avoidable, invalid, or unenforceable, either in whole or part, by a competent adjudication institution with actual authority and jurisdiction over this matter, the arbitration clause shall survive and be enforced. If any provision of this Section 11 Dispute Resolution and Arbitration Clause and/or any part of the provision is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration clause shall be enforced.
k) Section 11 Dispute Resolution and Arbitration Clause shall survive termination of your Account, Membership, the Program and the T&Cs. Despite of anything to the contrary, neither Navimow nor you may alter, limit, amend, modify, expire, terminate and/or cancel this section without the other party’s consent.
Section 12 Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, NAVIMOW AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, THE PERSONS SPONSOR AND/OR PROVIDE SERVICES TO THE PROGRAM
(COLLECTIVELY “NAVIMOW PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF MODIFICATION OF OR TERMINATION OF THE PROGRAM AND/OR EXPIRATION OF THE NAVIMOW POINTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON NAVIMOW PARTIES’ LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM NAVIMOW PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THE LIMITATION OF LIABILITY SHALL SURVIVE TERMINATION OF YOUR ACCOUNT, MEMBERSHIP, THE PROGRAM AND T&Cs. DESPITE OF ANYTING TO THE CONTRARY, NEITHER NAVIMOW NOR YOU MAY ALTER, LIMIT, AMEND, MODIFY, EXPIRE, TERMINATE AND/OR CANCEL THIS SECTION WITHOUT THE OTHER PARTY’S CONSENT. THIS LIMITATION OF LIABILITY CLAUSE DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Section 13 Statute of Limitation.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND NAVIMOW PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE STATUTE OF LIMITATION CLAUSE SHALL SURVIVE TERMINATION OF YOUR ACCOUNT, MEMBERSHIP, THE PROGRAM AND T&Cs. DESPITE OF ANYTING TO THE CONTRARY, NEITHER NAVIMOW NOR YOU MAY ALTER, LIMIT, AMEND, MODIFY, EXPIRE, TERMINATE AND/OR CANCEL THIS SECTION WITHOUT THE OTHER PARTY’S CONSENT. The preceding sentence does not apply to New Jersey residents.
Section 14 T&Cs Applies to the Program Only.
The T&Cs shall apply to the Program only, and they shall not have any effect on any other agreement that you may have with Navimow for other products and/or services. The Program and T&Cs shall have no effect on any of Navimow’s affiliates and/or independent authorized dealers, reseller, or services providers of Navimow and/or its affiliates’ products and/or services (“Independent Authorized Dealer”). Navimow’s affiliates and/or Independent Authorized Dealer may have their loyalty, reward and/or promotional programs (if any), Membership in this Program does not confer any rights and/or benefits in those other programs (if any).
Section 15. Notice.
Navimow may provide updates, notices, disclosures, modification and amendments to the T&Cs and the Program, and other information relating to the Program (“NOTICE”) by electronic means, in a manner as Navimow deems fit within its sole discretion, such as by emailing to you or posting it online at: https://us.navimow.segway.com/. You agree and consent to receive NOTICE by email and/or other means that Navimow deems fit within its sole discretion.
Section 16. Choice of Law.
a) If you are an U.S. resident, the terms and conditions of this Program as provided herein shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules.
b) The Choice of Law clause shall survive termination of your Account, Membership, the Program and the T&Cs. Despite of anything to the contrary, neither Navimow nor you may alter, limit, amend, modify, expire, terminate and/or cancel this section without the other party’s consent
Section 17. Severability.
The terms and conditions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between you and Navimow that such modification or restriction may be accomplished unilaterally by Navimow, or alternatively, by disposition of an arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.