MARKETPLACE PROGRAM BUYER TERMS AND CONDITIONS
These Buyer Program Terms ("Terms") govern your use of the Nav platform to apply for trade credit from a third-party vendor ("Vendor"). By checking the box and clicking "Agree & Submit," you agree to these Terms, the main Nav Terms of Use, and the Nav Privacy Policy.
1. The Service: What Nav Does
1.1. Technology Platform. Nav provides a technology platform that allows you to apply for trade credit from a Vendor. We collect your information and provide it to the Vendor to help them make a credit decision.
1.2. Nav is Not a Lender. Nav is not a lender, broker, or financial institution. We do not make any credit decisions, extend any credit, or guarantee that you will be approved for trade credit by the Vendor. The Vendor has sole authority and responsibility for all credit decisions.
1.3. Your Relationship is with the Vendor. If you are approved and enter into an agreement with a Vendor, your trade credit agreement is a legally binding contract strictly between you and the Vendor. Nav is not a party to that agreement. The Vendor is solely responsible for all aspects of the transaction, including order fulfillment, customer service, billing, and collections. Any disputes about the products, services, or payment terms must be resolved directly with the Vendor.
2. Your Authorizations & Consent
By agreeing to these Terms, you provide your "written instructions" under the Fair Credit Reporting Act and give Nav permission to do the following:
2.1. Collect Your Information. You authorize Nav to collect the information you provide, which may include your business name and address, owner name and address, and other identifying information. You are responsible for providing true and accurate information.
2.2. Connect Your Bank Account. You authorize Nav to use third-party services like Plaid to securely connect to your business or personal bank account(s) that you select. You authorize Nav and its third-party partners to retrieve financial data from your connected account(s), including transaction history, account balances, and revenue information, for the purpose of creating a credit assessment.
2.3. Share Information with the Vendor. You expressly authorize Nav to share your business, personal, and financial information with the specific Vendor from whom you are requesting trade credit. You understand this information will be used by the Vendor to evaluate your credit application.
2.4. Business Credit Inquiry. You authorize the Vendor to use the information provided by Nav to obtain a business credit report on your company. These terms do not authorize the Vendor to obtain a personal credit report on any individual.
3. Disclaimers and Limitation of Liability
3.1. AS-IS Service. The Nav platform and all related services are provided on an "as is" and "as available" basis. Nav expressly disclaims all warranties of any kind, whether express or implied.
3.2. No Liability for Vendor. Nav is not liable for any damages or losses arising from the Vendor's credit decision, the terms of any credit agreement you enter into, or any dispute between you and the Vendor.
4. Electronic Signature and Communications Consent (E-SIGN)
4.1. Electronic Agreement. By checking the box and submitting your application, you are providing your electronic signature and agree that it has the same legal effect as a manual signature. You are agreeing to be legally bound by these Terms and all related documents.
4.2. Electronic Communications. You consent to receive all disclosures, notices, agreements, and other information ("Communications") from Nav in electronic form. We will provide these Communications via our website, email, or other electronic means.
4.3. Hardware and Software Requirements. To receive electronic Communications, you need a computer or mobile device with an internet connection, a current web browser (e.g., Chrome, Safari, Firefox, Edge), software capable of viewing PDF files, and a valid email address.
4.4. Withdrawing Consent. You may withdraw your consent to receive electronic Communications at any time by contacting Nav Customer Support. Withdrawing consent may result in the termination of your access to the Program.
4.5. Requesting Paper Copies. You may request a paper copy of any Communication by contacting Nav Customer Support. A fee may apply.
4.6. Updating Your Contact Information. You are responsible for keeping your email address and other contact information current in your Nav account.
5. General
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes between you and Nav will be resolved in the courts of Delaware.