Terms and Conditions
Welcome to Enaviga, operated by Axis Digital International S.R.L, located at Carrer Arago 230, 3, 08007 Barcelona, Spain 90066 ("Enaviga," "we," or "our").
This Agreement is subject to change by Enaviga at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Enaviga’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Enaviga from time to time, such modifications to be effective upon posting by Enaviga on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Eligibility. You must be at least thirteen (13) years of age. By using the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Enaviga, which may be revoked at any time, for any reason, in Enaviga’s sole discretion.
4. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Enaviga of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Enaviga will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Enaviga account.
5. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by Enaviga.
d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the Websites, or any Content on the Websites.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Enaviga employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or transfer, any Enaviga account to any third party without the prior written approval of Enaviga.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
6. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership at any contacting us at email@example.com. If you resign or cancel your membership to Enaviga, to help Enaviga analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Enaviga may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Enaviga. If Enaviga terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any compensation fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Enaviga. Enaviga is not required to provide you notice prior to terminating your membership. Enaviga is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. Payment. For payments, credit card usage and usage of electronic money on our Website, we refer to our Payment Provider and partner and their terms of service.
When the Partner accepts the Guest ‘s Booking request, and a booking confirmation is sent to the Partner, the Payment Provider shall instantly collect a payment from a particular Guest equal to the Full Booking Amount stated next to the Partner’s listed craft on the Website. As mentioned above, The Service Provider will notify the Partner once a Guest has successfully completed the payment. Enaviga shall forward the payment, minus the Service Fee and any other expenses that might accrue to the bank account of each Partner (as this will be apprise by each Partner to the Service Providers).You hereby, as a Guest, authorize and approve that your credit card shall be debited (via Payment Provider according to Payment Provider's terms and condition) of the sum of the Full Booking Amount upon confirmation of the Booking by the Partner. A Guest can also pay via bank transfer but only with a check-in date further than 14 days from the booking date. If bank transfer is the chosen payment method, then the Guest has to pay to the bank account stated on the confirmation Booking Request Email. Payment by wire transfer must take place within 2 Business Days.The payment shall be taken by a debit of the Full Booking Amount from one of the acceptable payment methods listed on the Website. Such payment shall be taken in the currency which would be permitted by the Payment Provider and set by the particular Partner. You agree, as a Guest, to pay all fees and charges included in the Charter’s booking confirmation.
In the case that a refund is owed, due to cancelation or otherwise, a refund shall be made through the payment method that was used to pay for the booking. Refunds shall be processed within 14 days of the refund being required.
8. How the Service Works. Boat owners (the “Owners”, or “Partner”) can use the Service to list boats in Enaviga’s database and to connect with individuals who wish to rent a boat for a period of time (the “Renter”, or “Guest”), and vice-versa. The Service works as follows:An Owner will post an advertisement letting potential Renters know:
i. The specifications and features of Owner’s boat (including, without limitation, the boat’s mileage, accommodations, maximum capacity, all technical specifications, and any other information that would assist Renters in making a reasonably informed decision);
ii. The availability period(s) of the boat;
iii. The price of rental and the unit of time which the payment covers (e.g., hourly, daily, weekly, etc).
iv. Any other information which would assist Renter in making a reasonably informed decision.Potential Renters may respond to Owner’s advertisement indicating their interesting in renting Owner’s boat. Owner may accept or decline the booking request sent by any Renter for any reason; provided, however, that Owner may not reject an offer for a reason contrary to law.Once Owner and Renter have agreed upon the terms of the rental, Owner will collect payment on the Service in accordance with this Agreement. The Parties should also execute a rental agreement setting forth the terms under which the Owner’s boat will be rented.
9. Your Representations. By using the Websites and/or the Service, you agree to the following:As set forth in Section 10, Enaviga provides a marketplace through which Owners can connect with Renters for the purpose of renting a boat, or any other floating craft, for a set period of time.By entering into an agreement with a Renter (if you are an Owner renting your boat) or an Owner (if you are a Renter attempting to book at boat for a set period of time), you are entering into a legal and binding contract with the other User. You acknowledge and agree that Owners will have the ability to set the price at which a boat can be rented, and that such price shall be determined in the Owner’s sole discretion (subject to all applicable laws). Enaviga does not have control over the prices set by Owners, and cannot negotiate or reduce a price on your behalf. Enaviga acts merely as a marketplace provider, transmitting the details of the proposed agreement between a Renter and Owner and sending confirmation emails to each User once the agreement has been finalized. It is the Owner’s sole responsibility to:
i. update all prices on the Service in a timely manner;
ii. ensure that all information listed on the Service is accurate and up-to-date;
iv. obtain a signed and legally binding agreement from Renter setting forth the specific terms under which Owner’s boat shall be rented;
v. ensure that the performance provisions of the agreement between the Users is upheld, including ensuring that the boat is provided during the time frame specified, is provided in the condition warranted by Owner and/or acceptable to Renter, and is furnished in accordance with Owner’s representations; and
vi. Make a good-faith effort, in concert with Renter, to resolve any dispute between the Users.It is the Renter’s sole responsibility to:
i. make complete and timely payments to Owner;
ii. Obtain a signed and legally binding agreement from Owner setting forth the specific terms under which Renter shall rent Owner’s boat;
iv. Maintain the boat in the same condition in which it was delivered to Renter, and make or pay for any necessary repairs due to Renter’s use of the boat;
v. Return the boat at the time and in the condition agreed upon between the Users; and
vi. Make a good-faith effort, in concert with Owner, to resolve any dispute between the Users.In the event that a User decides to cancel an agreement with another User, it is the Users’ responsibility to arrange the cancellation and/or any refund that will be issued to the Renter. Enaviga[a] is unable to arrange, negotiate, or coordinate a cancellation and/or refund.
10. Enaviga is a Marketplace; Limitation of Liability. Enaviga acts as a marketplace to connect Owners with Renters (each, a “User” and collectively, the “Users”). It is up to you whether you want to connect with a certain User, and you alone bear the risk of any communication, meeting, or other connection with a User. You acknowledge and agree that Enaviga is not a party to any communication, meeting or agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.
You acknowledge and agree that Enaviga does not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. Enaviga cannot ensure that a User will actually complete a transaction or follow through on their promises.
Enaviga cannot guarantee the true identity, age, and nationality of a User. Enaviga encourages you to communicate directly with Users through the tools available on the application.
Enaviga is not responsible for a either User’s failure to comply with the conditions set forth above, and we cannot negotiate or resolve a dispute between Users. In the event that you cannot resolve a dispute with a User, after having made a good-faith attempt as set forth in this Agreement, email us at firstname.lastname@example.org and we will make our best efforts to investigate the issue and take any action that we believe, in our sole discretion, is warranted, including without limitation suspending or terminating a User’s account or reporting any illegal activity to authorities, where applicable.
Enaviga does not make any representation or warranty about the quality of any boat, accuracy of any User’s representations on the Service or otherwise, the ability of any User to adhere to its representations and/or warranties, or any other statement concerning any agreement between Users on the Service. Enaviga does not confirm the accuracy of any information posted on the Service by its Users; it is your sole responsibility to verify any information before entering into an agreement with another User on the Service.
11. You Bear Risk of Upload. Enaviga uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Enaviga cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Enaviga be liable for any copying or usage of Your Content not authorized by Enaviga. You hereby release and forever waive any claims you may have against Enaviga for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY ENAVIGA HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
12. Modifications to Service. Enaviga reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Enaviga shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses. In order to protect the integrity of the Services, Enaviga reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
14. Content on Enaviga. Enaviga retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of Enaviga, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Enaviga is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Enaviga and for Enaviga Members' use only. Distribution of Content to others is strictly prohibited. You agree that Enaviga would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Enaviga shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
15. Restrictions on Use of Materials. You acknowledge that Enaviga contains images, text, and other content (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under copyright laws of Spain and the United States (and, if applicable, similar foreign laws), and Enaviga owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
16. Liability for Content. Enaviga and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Enaviga or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
17. Ownership of Your Content; Licenses. You agree that any content you upload to the App and/or the Service (“Your Content”) shall become the property of Enaviga. This shall have no effect on Sections 18 (Copyright Policy), 20 (Limitation of Liability), and 21 (Indemnity by You) of this Agreement.
However, with respect to Your Content, Enaviga grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use.
18. Copyright Policy. Enaviga prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
For any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Axis Digital International S.R.L,
Carrer Arago 230, 3, 08007
Barcelona, Spain 90066
When contacting us, please make sure that you include the following information:
a. a statement that you have identified Content on Enaviga that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the Content that you claim is infringing and the Enaviga URL(s) where such Content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Enaviga user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
Enaviga will process any notice of alleged infringement which it receives and will take appropriate action as required any applicable copyright law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Enaviga at its sole discretion.
20. Limitation of Liability. In no event shall Enaviga be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Enaviga or its employees or agents shall be construed to make any promise, covenant, , or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Enaviga makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL ENAVIGA, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF ENAVIGA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL ENAVIGA HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF ENAVIGA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Enaviga and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Enaviga during the six months prior to notice to Enaviga of the dispute for which the remedy is sought.
21. Indemnity by You. You agree to indemnify and hold Enaviga, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Enaviga.
22. Unsolicited Ideas and Feedback. Users sometimes submit ideas or suggestions for the Websites and/or Service (collectively, the "Feedback"). You acknowledge and agree that we do not solicit such Feedback and that we are not under any obligation to review or consider such Feedback. Furthermore, by submitting Feedback to us, you acknowledge and agree that, regardless of any information you provide along with such Feedback:
a. your Feedback and any contents attached thereto will automatically become the property of Enaviga without any compensation paid to you in exchange therefor;
b. Enaviga may use or redistribute any Feedback and any contents attached thereto for any purpose and in any way;
c. Enaviga has no obligation to review any Feedback; and
d. Enaviga has obligation to keep any Feedback confidential.
23. Attorney Fees. In the event that Enaviga is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Enaviga’s attorneys' fees and costs.
24. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE ENAVIGA THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
26. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of Barcelona, Spain, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Barcelona, Spain, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside Barcelona, Spain with the same force and effect as if such service had been made within Barcelona, Spain. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
27. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration in Barcelona, Spain, for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Whenever possible, such arbitration shall be held before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of Barcelona, Spain. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of Barcelona, Spain.
28. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
30. Entire Agreement. This Agreement contains the entire agreement between you and Enaviga regarding the use of the Websites and/or the Service.
31. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Enaviga’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Enaviga’s ability to enforce such term at any point in the future.
32. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement. Enaviga is a trademark of Enaviga S.L
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.