SMS Service Terms and Conditions

  1. Consent: By using the Navicore Solutions Wireless Text Message Services (the “Services”) or otherwise providing your telephone number to Navicore Solutions, you agree to the terms and conditions outlined below when presented with these terms. These terms are effective from the day you provide Navicore Solutions with your mobile number. You may receive recurring notifications related to services, updates, and information related to your Navicore Solutions’ debt management services. Message frequency may vary.
  2. Changes to Terms and Conditions: Navicore Solutions reserves the right to modify these terms and conditions at any time. Your continued use of the Services indicates acceptance of the updated terms after being notified of any such changes.
  3. Opt-Out: To stop receiving SMS alerts, reply "STOP" to any message. Once you opt-out, you will typically no longer receive SMS alerts, except for messages confirming your opt-out request.  The Services may recognize or respond to additional commands and keyword queries.  Thus, you may receive additional informational text messages based on your interaction with the Services, even after opting out of receiving the Services’ recurring alerts.  You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Navicore Solutions that result from your continued communication with the Services. Navicore Solutions may also provide you instructions on how to rejoin receiving the Services’ recurring mobile alerts when you unsubscribe.  You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Services through any of the available options to do so.
  4. Service Availability: Navicore Solutions or its service provider may terminate, adjust, or suspend the Services or any part thereof at any time, for any user, at its sole discretion.  Neither Navicore Solutions nor your wireless carrier will be liable for any delayed or undelivered message. 
  5. Message and Data Rates: While Navicore Solutions does not charge for the Services, standard message and data rates may apply as per your mobile carrier's terms. Navicore Solutions and its contractors are not responsible for any charges incurred. You are responsible for all charges associated with your use of the Services.
  6. Disclaimer of Implied Warranty: The Services are provided "as is" without any warranties, express or implied. Navicore Solutions disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be secure, uninterrupted, or error-free. Note: Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you.
  7. Limitation of Liability: Navicore Solutions, its employees, officers, directors, service providers and any third party acting on its behalf in connection with the Services are not liable for any indirect, incidental, consequential, special, statutory or exemplary damages arising from your use of the Services, even if advised of the possibility of such damages.
  8. User Remedies and Assumption of Risk: If you are dissatisfied with the Services or any content provided by Navicore Solutions, your sole remedy is to discontinue using the Services. You acknowledge that your use of the Services is at your own risk. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE ONE-YEAR PERIOD BEFORE THE SPECIFIC CLAIM AT ISSUE, OR $100, WHICHEVER IS LESS.  WE WOULD NOT BE ABLE TO MAKE THE SERVICES AVAILABLE TO YOU WITHOUT THESE CONDITIONS IN THE TERMS, AND THE FOREGOING PROVISIONS ARE THUS AN ESSENTIAL PART OF THE OFFER TO YOU.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT OPT INTO THE SERVICES.
  9. Indemnification: You agree to indemnify, defend, and hold harmless Navicore Solutions, its partners, clients, employees, officers, and directors from any claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) content submitted by you or anyone using your account, (ii) your use of the Services, (iii) your breach of these Terms and Conditions, and (iv) any violation of laws or regulations in connection with the Services.
  10.  Assignment and Delegation: You may not assign your rights or delegate your obligations under these Terms and Conditions without the prior written consent of Navicore Solutions. Any unauthorized assignment or delegation is null and void. Navicore Solutions may enlist the services of third parties to contact you regarding your account with us, including, but not limited to, debt collections services.  By providing your telephone number to Navicore Solutions, you understand and agree that such third parties can contact you to full extent that Navicore Solutions could contact you itself.
  11. Contact Information: For questions or support regarding the Services, please contact Navicore Solutions Customer Service at 1-800-772-4557 or clientservices@navicoresolutions.org.
  12. Privacy: Navicore Solutions is committed to protecting your privacy.  Our Privacy Policy can be found here.
  13. In the event that there is a dispute, claim or controversy between you and Navicore Solutions, or between you and any third-party acting on Navicore Solutions’ behalf in connection with the Services, arising out of or relating to federal or state statutory claims, common law claims, these terms, or the breach, termination, enforcement, interpretation or validity thereof (collectively, a “Dispute”), it shall be governed by, and construed in accordance with, the laws of the New Jersey, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New Jersey.   

You and Navicore Solutions agree to first attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Specifically, the party with the complaint (the "Complaining Party") shall send written notice to the other party (the "Receiving Party") describing the facts and circumstances of the Dispute (each such notice being a "Dispute Notice"). 

All Dispute Notices must: (1) be personally signed by the Complaining Party; (2) include the Complaining Party's name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party's individualized claim, (4) include any documentation in the Complaining Party's possession or control (including, without limitation, documentation that is in the possession of a third party which is accessible to you) supporting the Complaining Party's position in the Dispute; and (5) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Navicore Solutions. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.  

Dispute Notices shall be sent:

  • To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). 

You and Navicore Solutions will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the "Informal Negotiation Period"). During the  Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Navicore Solutions (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Navicore Solutions will participate in the Conference through one or more representatives, which may include our counsel. 

Both you and Navicore Solutions agree that the foregoing informal dispute resolution procedures (the "Informal Resolution Process") is a condition precedent that must be satisfied before initiating any litigation or arbitration against the other party. If any aspect of the Informal Resolution Process has not been satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any litigation or arbitration and (ii) unless prohibited by law, no arbitration administrator shall accept or administer an arbitration or demand fees in connection with the Dispute.  

If, at the end of the Informal Negotiation Period (and not before), and only after the completion of the Conference, the Dispute has not been resolved, then the Dispute shall be resolved on an individual basis by binding arbitration before a single arbitrator under the consumer arbitration rules of the American Arbitration Association in the state of New Jersey.  This Agreement to arbitrate shall be governed by, and interpreted consistent with, the Federal Arbitration Act.  You agree not to participate in a representative capacity or as part of a class of claimants.