Terms of Use

Last revised January 21, 2019

 

Nektyd LLC (“Nektyd,” “we,” “our,” or “us”) is a user directed marketplace where you can connect with others to give and receive help fulfilling jobs, projects, or services (“Service”). Nektyd is also a provider of business management services including, but not limited to, employee scheduling, billing, and managing customer communications (“Business Management Services”). The following terms and conditions, along with any documents expressly incorporated by reference (collectively, “Terms,” or “Terms of Use,” or “TOU”) apply to and govern your access to and use of www.nektyd.com (“Site”) and all related features, content, and applications (together with the Site, the “Nektyd Platform,” or “Platform”). These TOU govern whether you are posting Services you need performed (a “Client”), accepting and performing posted Services (a “Worker”), creating and managing a hub (“Marketplace”) for posting and accepting Services (“Leader” ) (collectively, “Users”), or using Nektyd’s Business Management Services.

 

Please note these TOU include a class-action waiver and a jury trial waiver, and require binding arbitration on an individual basis to resolve disputes.

 

 

Acceptance of the Terms

 

You accept and agree to be bound and abide by these TOU, our Privacy Policy, and if applicable, our Payment and Refund Policy, all incorporated herein by reference, when you create a Nektyd account or when you access or use the Platform. If you do not accept the TOU, Privacy Policy, and if applicable, our Payment and Refund Policy, you may not access or use the Platform.

 

Changes to the Terms

 

We may revise, update, modify, or discontinue any part of these TOU by posting revised terms on the Site. We will notify you of such changes by posting the modified, dated version on the Site. If the changes are significant, we will provide a more prominent notice (for example, by email, Site notification, or click-through). Please visit the Site periodically to view the latest version of these TOU. All changes are effective immediately and apply to all access to and use of the Platform thereafter. Your continued use means that you accept and agree to the updated TOU.

 

Use of the Nektyd Platform

 

Persons under 18 years of age may not create a Nektyd account, access, or use the Platform.

 

We may suspend or deactivate your account or your access to the Platform without notice or liability to you, if, in our sole discretion, you have violated any provision of these TOU. Upon any such suspension or deactivation, we may delete or remove your account and any related information and data.

 

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Platform: (i) access or tamper with non-public areas of the Platform, (ii) test the vulnerability of any Platform system or breach any security or authentication measures, (iii) circumvent any technological measure designed to protect the Platform, or (iv) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of the Platform.

 

User Vetting

 

In Nektyd’s sole discretion, Workeres and Leaders may be subject to an extensive vetting process before they can register for or during their use of the Platform, including but not limited to a verification of identity and a comprehensive criminal background check using third-party services as appropriate. Workers and Leaders hereby give consent to Nektyd to conduct background checks.

 

Although Nektyd may perform background checks of Workers and Leaders, Nektyd is not required to do so and cannot confirm that each Worker or Leader is who they claim to be and therefore, Nektyd cannot and does not assume any responsibility for the accuracy or reliability of any information provided through the Nektyd Platform, including but not limited to identity or background check information.

 

Some Services may require that a Worker be a licensed professional. Accordingly, Clients must determine for themselves whether a Worker is qualified to perform the specific Service at hand. Clients may wish to consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

 

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. You are solely responsible for your interactions with other Users. NEKTYD IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. AS NOTED BELOW, AND WITHOUT LIMITATION, IN NO EVENT SHALL NEKTYD, ITS AFFILIATES OR ITS PARTNERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER IN CONNECTION WITH THE USE OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE PLATFORM.

 

No Unauthorized Commercial Use or Solicitation

 

You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services or Business Management Services facilitated through the Nektyd Platform and you may not use the Platform to collect Users’ personal information, including but not limited to phone numbers, usernames, addresses, and/or email addresses by electronic or other means without the Users’ consent.

 

Worker Classification and Withholdings

 

NEKTYD DOES NOT PERFORM THE SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM THE SERVICES. USERS ARE NOT EMPLOYEES AND YOUR ACCESS OR USE OF THE NEKTYD PLATFORM DOES NOT CREATE AN EMPLOYMENT RELATIONSHIP BETWEEEN YOURSELF, OTHER USERS OR NEKTYD. Each User assumes all liability for proper worker classification under all applicable federal and state laws. Nektyd is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with Services.

 

It is at the Worker’s sole discretion to accept a Service posting. Each User acknowledges that neither Nektyd nor the Leader, in any way, supervise, direct, control, or monitor a Worker’s work or the manner in which Services are performed. Nektyd does not set a Worker’s work hours or location of work. Neither Nektyd nor the Leader provides any equipment, labor or materials needed for a particular Service and will not provide any supervision to Users.

 

The Nektyd Platform only enables connections, via a Link, between Clients and Workers for the fulfillment of Services. Nektyd is not responsible for the performance of Workers, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services or Workers, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any User. Nektyd makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and Services provided by Users identified through the Nektyd Platform whether in public, private, or offline interactions.

 

Alerts and Notifications

 

As part of your use of the Platform, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. However, you can opt out of most communications within your account settings. Nektyd is not responsible for any messaging or data fees your wireless carrier charges you. Any notices, agreements, disclosures, or other communications that we post to the Platform or send to you electronically will satisfy any legal communication requirements, including that the communication be in writing, and will be deemed received when posted to the Site or when such notice is transmitted.

 

Changes to the Nektyd Platform

 

We may review, improve, modify or discontinue, temporarily or permanently, the Nektyd Platform or any content, feature or component provided through the Nektyd Platform at any time, effective with or without prior notice. Nektyd is not liable to you or to any third party for any modification, suspension, or discontinuance of any content, feature or component of the Nektyd Platform.

 

Trademarks, Copyrights and Patents

 

All trademarks, logos, and service marks displayed on the Nektyd Platform, are registered and unregistered trademarks of Nektyd, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You must obtain the prior written permission of Nektyd or the owner of such marks to use them for commercial purposes. The Site and all associated content, including but not limited to text, design, graphics, videos, sound files, interfaces and code, and the selection and arrangement thereof (collectively, “Content"), is owned by Nektyd and its licensors, and protected by U.S. and international copyright laws. We reserve all rights not expressly granted in and to the Site and Content. You agree to not copy, modify, transmit, create any derivate works from, make use of, reverse engineer, or reproduce in any way copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining the prior written consent of Nektyd. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

 

Limited License

 

The Nektyd Site and Content are licensed and not sold to you. Subject to the terms, conditions, and limitations set forth in these TOU, Nektyd grants you a limited, temporary, non-exclusive, non-transferable, and non-sublicensable license to install and use the Site and Content.

 

User Contributions

 

Nektyd may, in its sole discretion, permit you or others to upload, submit, publish, store, send, receive, or create product reviews, sound files, and other types of user generated content (collectively, “User Contributions”). You retain ownership of all intellectual property rights in your User Contributions; provided you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from adaptations or variations), communicate, publish, publicly perform, publicly display and distribute your User Contributions for any purpose.

 

We reserve the right, but are not obligated to do any or all of the following: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding their transmission, to any third party as required by law; and (iv) take appropriate legal action, including, without limitation, referrals to law enforcement, for any illegal or unauthorized use of the Nektyd Platform.

 

You are responsible for any User Contributions you submit or contribute, and you, not Nektyd, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. You represent and warrant that (i) you own or control all rights in and to your User Contributions, and (ii) all of your User Contributions do and will comply with these TOU. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Nektyd Platform.

 

Content Standards

 

These content standards apply to any and all User Contributions. User Contributions must comply with all applicable federal, state, local and international laws and regulations and the TOU. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the TOU or Privacy Policy;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising;
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Acceptable Use

You agree not to:

  • Upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • Send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • Use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
  • Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; or
  • Harass or interfere with any other user’s use and enjoyment of the Site.

 

Copyright Infringement Policy (DMCA)

 

Nektyd may remove any Content, User Contributions, or other material from the Nektyd Platform. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please notify our copyright agent at:

 

Copyright Agent
Nektyd LLC

10068 Sylvestor Rd.

Highlands Ranch, CO 80129

info@Nektyd.com

 

Your notification must (i) be in writing and signed, (ii) be provided to our copyright agent, and (iii) include the following:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the song that [list location where material is located].”);
  • Identify the content that a copyright owner claims is infringing upon copyrighted work. Provide information reasonably sufficient to enable us to locate the content on the Site, including clear screenshots of the content for identification purposes only;
  • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Information About You and Your Visits to the Site

 

All information we collect on the Site is subject to our Privacy Policy. By using the Nektyd Platform, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.

 

Online Purchases

 

If you post Services through the Site (an "Order") or use our Business Management Services for customer billing, we may ask for information from you, such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) USED IN CONNECTION WITH ANY ORDER. Nektyd may provide such submitted information to third parties for purposes of facilitating the completion of any Order initiated by you or on your behalf. You may be required to verify any submitted information prior to or upon a Worker’s acknowledgment or completion of any Order.

 

You are responsible for your compliance with all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the posting and fulfillment of Services. You represent that you will use the Platform only in a lawful manner. Nektyd may: (i) limit the types or kinds of Services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any User; and/or (iv) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when you make an Order. In addition, you remain responsible for any taxes.

 

Nektyd or our agents may call or text you regarding your account or your Order, as set forth in our Privacy Policy. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of the Nektyd Platform, listen to and record phone conversations you have with us. We do not monitor, listen to, or record any communications between Users that take place off the Site (e.g., using personal mobile devices).

 

Pricing, Payment, Availability, and Accuracy

 

Nektyd’s acknowledgement of an Order means that your Order request has been received; it does not mean that your Order has been accepted by a Worker or that the price or availability of a Service has been confirmed. Points of Contact are solely responsible for describing and displaying their Marketplace and related offerings and expertise accurately on the Site. Some offerings may be mispriced, described or displayed inaccurately, or unavailable. If you have any questions, contact the Leader listed within the Marketplace’s main page. Nektyd cannot and does not guarantee the accuracy or completeness of any information within a Marketplace, including prices and availability of offerings.

 

You understand that use of the Nektyd Platform may result in payments by you for Services that are fulfilled by Workers (“Charges”). After these completed Services, the Nektyd Platform will facilitate payment of the applicable Charges using the preferred payment method designated by you in your account. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable.

 

Nektyd reserves the right to revise Charges for any or all aspects of the Services at any time in Nektyd’s sole discretion. Nektyd will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services in accordance with our Payment and Refund Policy provided that you may be responsible for paying a cancellation fee or rescheduling fee as provided in the Payment and Refund Policy.

 

Nektyd may, at its sole discretion, provide promotional offers (e.g. promotional codes) with varying features and rates to any User. These promotional codes, unless made to you, shall have no bearing on your offer or contract. The promotional codes may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Nektyd. Promotional codes may be disabled by Nektyd, at its sole discretion, without liability to Nektyd. Promotional codes may only be used pursuant to the specific terms that Nektyd establishes for such promotional offers. Promotional codes are not valid for cash and may expire prior to your use. Nektyd reserves the right to withhold discounts obtained through the use of promotional codes by you or any other user in the event that Nektyd determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal or in violation of the applicable promotional code terms or these TOU.

 

Linking to the Site and Social Media Features

 

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

The Site may provide certain social media features that enable you to:

  • Link from your own or certain third‐party website to certain Content on the Site;
  • Send e‐mails or other communications with Content, or links to Content, on the Site;
  • Cause limited portions of Content on the Site to be displayed or appear to be displayed on your own or certain third‐party website.
  • Subject to the foregoing, you must not:
    • Establish a link from any website that is not owned by you;
    • Cause the Site to be displayed, or appear to be displayed by, for example, framing, deep linking or in‐line linking, on any other site;
    • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of the TOU.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these TOU. We may withdraw linking permission and disable all or any social media features and any links at any time.

 

Links from the Site

 

The Site may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such website.

 

Geographic Restrictions

 

Nektyd is based in the state of Colorado in the United States. We make no claims that the Nektyd Platform is accessible or appropriate outside of the United States. Access to the Nektyd Platform may not be legal by certain persons or in certain countries. If you access the Nektyd Platform from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

 

Termination and Suspension

 

We may change or discontinue the Site or the Nektyd Platform, or any part thereof, at any time without prior notice. Further, we may terminate, limit or suspend your right to use or access the Nektyd Platform in the event that we believe that you have breached these TOU (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension. Any such termination or suspension will be effective immediately upon delivery of such notice. In the event of any termination or suspension, you will immediately cease access to the Site and the Nektyd Platform.

 

If Nektyd terminates, limits, or suspends your right to use the Nektyd Platform for a User Breach, you will not be entitled to any refund and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating, limiting, or suspending your account, Nektyd reserves the right to take appropriate legal action, including without limitation pursuing arbitration, criminal, and injunctive redress.

 

Even after your right to use the Nektyd Platform is terminated, limited, or suspended, these TOU will remain enforceable against you.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of harmful or destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‐virus protection and accuracy of data input and output, and for maintaining an external backup to restore any lost data. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‐OF‐SERVICE PLATFORM ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL OR DESTRUCTIVE CODE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, MOBILE APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NEKTYD PLATFORM AND CONTENT.

 

YOUR USE OF THE NEKTYD PLATFORM AND CONTENT IS AT YOUR OWN RISK. THE NEKTYD PLATFORM AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITELY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. We make no warranty that the Nektyd Platform or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Nektyd Platform or Content. We make no warranty that any defects in the Nektyd Platform or Content will be corrected.

 

Limitation of Liability

 

IN NO EVENT WILL NEKTYD, ITS AFFILIATES OR THEIR LICENSORS, NEKTYD PLATFORM PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE NEKTYD PLATFORM, ANY WEBSITE LINKED TO THE SITE, ANY CONTENT, OR SUCH OTHER SITE OR ANY NEKTYD PLATFORMS OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND WHETHER OR NOT NEKTYD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

IN NO EVENT WILL NEKTYD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TOU OR FROM THE USE OF OR INABILITY TO USE THE NEKTYD PLATFORM EXCEED $50.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEKTYD AND YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Nektyd, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, suits, actions, demands, disputes, allegations, investigations, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, without limitation, reasonable attorneys' fees) arising out of or in any way connected with (i) your access to or use of the Nektyd Platform, (ii) your User Contributions, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of the Terms, or (iv) your violation of any law or the rights of a third-party. We may assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Information, News and Press Releases

 

The Site may contain information, news and/or press releases about Nektyd and its affiliates. While we strive to ensure that information contained on the Site is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Nektyd.

 

Waiver

 

Any waiver by either you or Nektyd of any provision or condition of the TOU shall not be construed or deemed to be a waiver of any other provision or condition of the TOU, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

 

Disputes

 

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US. IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

Agreement to Arbitrate

 

You and Nektyd agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the TOU, your use of the Nektyd Platform, or to any other Nektyd products or Nektyd services (collectively, “Disputes”) will be resolved by binding arbitration, rather than in court (the “Arbitration Agreement”), except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non‐class, non‐representative) case. The Federal Arbitration Act and Rules apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the TOU as a court would.

 

We want to address your concerns before a lawsuit begins. Before filing a claim against Nektyd, you agree to try to resolve the Dispute informally by contacting info@Nektyd.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 21 days after submission, you or Nektyd may bring a formal proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Nektyd Platform must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

The American Arbitration Association (AAA) will conduct the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling 1‐800‐778‐7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

 

The arbitration hearing will be held in Denver, Colorado. You or Nektyd may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Nektyd subject to the arbitrator's discretion to require an in‐person hearing.

 

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Nektyd customers, but is bound by rulings in prior arbitrations involving the same Nektyd customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.

 

Prohibition of Class, Representative, and Consolidated Actions

 

You and Nektyd agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Nektyd agree otherwise, the arbitrator may not join more than one party's claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Nektyd customers.

 

If a claim proceeds in court rather than in arbitration, both you and Nektyd each waive any right to a jury trial. You and Nektyd also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above.

 

User Disputes and Release

 

The Nektyd Platform is only a venue for connecting Users. Because Nektyd is not involved in the actual contact between Users or in the completion of the task, in the event that you have a dispute with one or more Users, you release Nektyd and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Notwithstanding, we reserve the right, without any obligation, to intervene in or monitor disputes between Users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably requested, in connection with any disputes involving you and another User. Although we may moderate content or disputes in our discretion, we have no authority to legally bind third parties, or force them to resolve complaints or disputes.

 

Governing Law and Jurisdiction

 

Any dispute or claim relating in any way to the TOU or previous versions of the TOU or your use of the Nektyd Platform shall be governed by and construed in accordance the laws of the State of Colorado without regard to its conflict of laws principles.

 

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to the TOU or previous versions of the TOU or your use of the Nektyd Platform shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

You can decline this agreement to arbitrate by contacting info@Nektyd.com within 30 days of first accepting the TOU and stating that you (include your first and last name) decline this arbitration agreement.

 

Assignment

 

You may not assign, delegate, or transfer the TOU, by operation of law or otherwise, without Nektyd’s prior written consent. Any attempt by you to assign or transfer the TOU, without such consent, will be null. Nektyd may freely assign or transfer the TOU without restriction. Subject to the foregoing, the TOU will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Severability

 

If any portion of the TOU is unlawful, void or unenforceable, the remaining provisions will remain in place.

 

Entire Agreement

 

The TOU, Privacy Policy, and if applicable, the Payment and Refund Policy, constitute the entire agreement between you and Nektyd with respect to the Nektyd Platform and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Nektyd Platform.

 

Contact Us

 

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THE TOU.

 

Nektyd LLC

10068 Sylvestor Rd.

Highlands Ranch, CO 80129

info@Nektyd.com