Terms of Use

Disclaimers

You use our Services at your own risk and subject to the following disclaimers. We provide our Services on an “as is” basis without any express or implied warranties or conditions, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer viruses or other harmful codes. Nepto does not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error-free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services. We are not responsible for the actions or information (including content) of our users or other third parties. You release us, affiliates, directors, officers, employees, partners, and agents (together, “Oxid parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Limitation of liability

The Oxid parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our Terms, us, or our Services, even if the Oxid parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our Terms, us, or our Services will not exceed one hundred dollars ($100). The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary in our Terms, in such cases, the liability of the Oxid parties will be limited to the fullest extent permitted by applicable law.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Nepto, its affiliates, officers, agents, employees, and partners harmless from and against any claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Safety

While Nepto strives to create a safe, respectful environment for all users of our platform (through e.g., robust moderation and flagging tools, as well as restrictions on who can initiate a direct message with you), the Oxid parties are not responsible for the conduct of any user outside of the Service. You are solely responsible for your interactions with other users and agree to use caution and good judgment in all interactions, particularly if you decide to communicate outside of the Service or if you decide to meet in person. You understand that Nepto does not conduct identity verification, credit checks, criminal background checks, or otherwise inquire into the background of its users. You agree that Nepto may access, preserve, and disclose your account information if required by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to protect the rights, property, or personal safety of the Oxid parties or any other person.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of California, without regard to the conflicts of laws provisions thereof.

Availability of Our Services

Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and support for certain devices and platforms, at any time.

Resolving disputes

If there is a dispute between participants using the Services, or between users and any third party, you agree that Nepto is under no obligation to become involved. If you have a dispute with one or more other users, you release Oxid, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Arbitration Agreement

Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Nepto and limits how you can seek relief from us. Both you and Nepto acknowledge and agree that for any dispute arising out of or relating to the subject matter of these Terms, Oxid’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

1. Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, under the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS/Endispute LLC (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators under such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
2. Costs of Arbitration. The JAMS rules will govern the payment of all arbitration fees. Nepto will pay all arbitration fees for claims less than $75,000. Nepto will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
3. Small Claims Court. Furthermore, either you or Nepto may assert claims, if they qualify, in small claims court in Los Angeles County, California, or any United States county where you live or work.
4. Waiver of Jury Trial. You and Nepto waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and Nepto are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Nepto over whether to vacate or enforce an arbitration award, you and Nepto waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.
5. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as outlined in (g) below.
6. Opt-out. You have the right to opt out of the provisions of this Section by sending notice of your decision to opt-out to hey@nepto.com within thirty (30) days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreements.
7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Nepto to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Nepto agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California.

Ending these Terms

You may end these Terms with Nepto at any time by deleting the Nepto application from your device and discontinuing the use of our Services. We may modify, suspend, or terminate your access to or use of our Services at any time for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Nepto. The following provisions will survive the termination of your relationship with Nepto: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” “Ending these Terms,” and “General”.