Narvar Profile Terms of Service

1. How Narvar Profile Works

Although implementation times will vary by product, customer-specific requirements, including Implementation Package selected, below are standard implementation timelines. 

‍1.1 Opt-in to Narvar Profile. As you track shipments and complete returns via a Narvar-powered experience from a participating merchant, you will have the option to save your information for a more seamless experience on your next transaction. If you opt-in to save your information via the Account, Narvar will collect and store certain information required to authenticate and process your current and future orders and returns via Narvar powered tracking and returns. This information may include your (i) personal information, such as your full name, mobile phone number, email address, and physical address or addresses; (ii) delivery and communication preferences; and (iii) preferred returns method (collectively, your “Saved Information”). All of your Saved Information will be collected and stored in accordance with the Narvar Account Privacy Notice.

‍1.2 Using your Saved Information in Future Transactions. After we’ve successfully collected and stored your Saved Information, you can conveniently access your Saved Information via profile.narvar.com. You can create a Narvar Profile one of three ways

• When you save delivery instructions on the track page for a shipment, you will enter your email and we will offer you the opportunity to finish setting up your profile, which you will do by entering a code sent to your email; 
• When you opt in to receive notifications for a shipment, you will have the opportunity to select network-wide notifications. You will then receive an SMS message to confirm your phone number. If you respond “Y” we will send a link to the Narvar Profile page to finish setting up your Account. When you log in next, you will use a code texted to the phone number you entered to create the Narvar Profile. Note that you will receive the Verification Code on your mobile phone via SMS text message. Standard message and data rates applied by your wireless carrier may apply to the text messages we send you. Please check with your wireless carrier for additional information.
• When you submit a return via a Narvar returns portal for a participating merchant and save your return preferences, we will ask you to confirm their email. When you do, we will prompt you to finish setting up your profile. To finish setting up your profile, you will log in using a code sent to the email address associated with your Narvar Profile.

1.3 Modifying your Saved Information. After successfully verifying your identity by entering the Verification Code, you can modify your Saved Information by selecting the “Edit” icon or button.

‍1.4 Opting Out of the Narvar Profile. If you want to delete your Saved Information or stop storing information using the Account, please log into your Account and press the “DELETE PROFILE” button at the bottom of the page or submit a request via our Privacy Rights Tool. 

‍1.5 Order Notifications Text Messages. The Narvar Network Order Notifications Text Message Services allow consumers to opt-in to receiving text message updates about orders for all of Narvar’s customers (“Retailers”) who participate in the Narvar Profile program, ensuring that consumers can obtain information about their orders via SMS. As set forth in the Narvar Profile Privacy Policy, Narvar will use the phone number and other information submitted to us to provide the text messages associated with the Order Notifications SMS services. Narvar will also send one-time passcodes (OTP) to your number when creating or modifying your account and preferences. 

You may opt out of receiving text messages by replying "STOP" to a text message you have received from us. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. Please note that this opt-out will only impact your Narvar Network Order Notifications messages; you will continue to receive notifications from non-network participating Retailers from whom you have asked to receive updates.

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at mypreferences@narvar.com. Please note that Carriers are not liable for delayed or undelivered messages.

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2. Your Responsibilities When Using Narvar Profile

Narvar Profile is designed to collect and store your Saved Information to help you checkout faster. Narvar is only responsible for collecting, storing and recalling your Saved Information. Your use of Narvar Profile does not, and it is not intended to, change your relationship with the merchant with whom you’re transacting.

‍2.1 Termination of your use of the Account. These terms will continue in full force and effect until terminated by you or us. You may terminate these Terms of Service at any time by deleting your Account as described above. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may, without notice to you, terminate (i) your access to the Account or any part thereof and (ii) these Terms of Service. We also reserve the right to discontinue or modify Narvar Profile for any reason, without notice to you. Any modifications will be in accordance with the then-current Terms and Narvar Profile Privacy Policy.If your access to the Account is terminated by you or us, we will delete your Saved Information in accordance with our Narvar Profile Privacy Policy.

‍2.2 Your Representations and Warranties. You represent and warrant that: (a) you are at least eighteen (18) years of age or the age of majority in your respective jurisdiction; (b) any information you provide in connection with the account is accurate and true and will not violate any applicable laws, regulations or rights of third parties; (c) you will not use the Account, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service or any other services we may offer; and (d) your use of the Account will be in compliance with these Terms.

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3. NO NARVAR WARRANTIES

THE SERVICES PROVIDED THROUGH NARVAR PROFILE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, NARVAR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NARVAR DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES PROVIDED THROUGH NARVAR PROFILE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES PROVIDED THROUGH NARVAR PROFILE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES PROVIDED THROUGH NARVAR PROFILE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES PROVIDED THROUGH NARVAR PROFILE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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4. LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NARVAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, NARVAR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. UNDER NO CIRCUMSTANCES WILL NARVAR BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NARVAR IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NARVAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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5. Disputes and Binding Individual Arbitration

“Disputes” means any claim, controversy, or dispute between you and Narvar, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.

If you reside in any jurisdiction outside of the European Economic Area (“EEA”) the following arbitration terms apply:

You and Narvar agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST NARVAR. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Narvar will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Narvar also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.

If you reside in the EEA, the following arbitration terms shall apply:

Any Dispute between you and Narvar, arising out of or in connection with these Terms, including in respect of their interpretation, subject-matter or termination, will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA”), which rules are deemed to be incorporated by reference into these General Terms. The number of arbitrators will be one, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of arbitration will be London, England. The language to be used in the arbitration proceedings will be English. Any reference under this Section 18 will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Narvar Party will pay all the arbitration fees due to LCIA for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, the Narvar Party will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and any Narvar also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services. If any provision of these arbitration terms is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

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6. Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

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7. Governing Law

These Terms and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.If you reside in the EEA, these Terms and any Dispute will be governed by the law of England and Wales, without regard to choice of law or conflicts of law principles.

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8. Other Terms

These Terms, and any applicable additional terms or notices, are a complete statement of the agreement between you and Narvar regarding the Services. In the event of a conflict between these Terms and any other Narvar agreement or policy, these Terms will prevail and control the subject matter of such conflict. If any provision of these Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Upon termination of your use of the Account or these Terms for any reason, the following sections will survive termination: Preamble, Sections 2.2 and 3 through 8.