The website located at https://neofithub.com (the “Site”) is a copyrighted work belonging to Neofithub Inc.
(“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or
rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and
rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND
CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE
ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO
ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18
YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT
ACCESS AND/OR USE THE SITE.
PLEASE BE AWARE THAT SECTION 10.2 OF THESE TERMS CONTAINS PROVISIONS GOVERNING
HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING,
WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE
EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN
ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES
BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT
OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES
OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU
ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT
OF LAW AND TO HAVE A JURY TRIAL.
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ACCOUNTS
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Account Creation. In order to use certain features of the Site, you must register for an account
(“Account”) and provide certain information about yourself as prompted by the account registration form. You
represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following
the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
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Account Responsibilities. You are responsible for maintaining the confidentiality of your Account
login information and are fully responsible for all activities that occur under your Account. You agree to immediately
notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of
security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the
above requirements.
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ACCESS TO THE SITE
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License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable,
limited license to use and access the Site solely for your own personal, noncommercial use.
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Certain Restrictions. The rights granted to you in these Terms are subject to the following
restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make
derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the
Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein,
no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality
of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content
displayed on the Site) must be retained on all copies thereof.
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Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site
(in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third
party for any modification, suspension, or discontinuation of the Site or any part thereof.
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No Support or Maintenance. You acknowledge and agree that Company will have no obligation
to provide you with any support or maintenance in connection with the Site.
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Ownership. Excluding any User Content that you may provide (defined below), you acknowledge
that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its
content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers
to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited
access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
There are no implied licenses granted under these Terms.
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Feedback. If you provide Company with any feedback or suggestions regarding the Site
(“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right
to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will
treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not
submit to Company any information or ideas that you consider to be confidential or proprietary.
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USER CONTENT
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User Content. “User Content” means any and all information and content that a user submits to,
or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content.
You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You
hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section
3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed
by Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for
example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User
Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for
creating and maintaining your own backup copies of your User Content if you desire.
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License. You hereby grant (and you represent and warrant that you have the right to grant) to
Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit
your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User
Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of
moral rights or attribution with respect to your User Content.
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Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User
Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing,
abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical
harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any
way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) 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; (ii) 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; (iii) use the
Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses,
without their consent; (iv) 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; (v) 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; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use
software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant
to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the
sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
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Enforcement We reserve the right (but have no obligation) to review, refuse and/or remove any
User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion
if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or
any other person. Such action may include removing or modifying your User Content, terminating your Account in
accordance with Section 8, and/or reporting you to law enforcement authorities.
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INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out
of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d)
your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
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THIRD-PARTY LINKS & ADS; OTHER USERS
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Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or
display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads
are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links
& Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on
any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate
before proceeding with any transaction in connection with such Third-Party Links & Ads.
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Other Users. Each Site user is solely responsible for any and all of its own User Content. Since
we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness,
or quality of any User Content. Your interactions with other Site users are solely between you and such users. You
agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Site user, we are under no obligation to become involved.
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Release. You hereby release and forever discharge the Company (and our officers, employees,
agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including
personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates
directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any ThirdParty Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.”
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DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,
ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER
HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES
WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
DAYSFROM THE DATE OFFIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS
OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR
YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50).
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT
OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE
TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
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TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while
you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for
any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability whatsoever to you for any termination of your
rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your
rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2
through 2.6, Section 3 and Sections 4 through 10.
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COPYRIGHT POLICY
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with
our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any
infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use
of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf
of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees
incurred by us in connection with the written notification and allegation of copyright infringement.
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GENERAL
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Changes. These Terms are subject to occasional revision, and if we make any substantial changes,
we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Site. You are responsible for providing us with your most current
e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms
and conditions of such changes.
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Dispute Resolution. Please read this Section 10.2 (sometimes referred to herein as this
“Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for
injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or
service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by
binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to,
all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and
to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature
and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 2810 N Church
S, Office 49195, , Wilmington , Delaware 19802-4447. After the Notice is received, you and the Company may
attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within
thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any
settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the
amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative
dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not
inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration
Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be
subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or
by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral
forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration
and shall pay an equal share of the fees and costs of the ADR Provider.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person
in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the
scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation,
applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion
that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and
liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part
of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including
the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the
essential findings and conclusions on which the award is based, including the calculation of any damages
awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon you and us.
(e) Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be
resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a) (Applicability of
Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court
and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of
an arbitration award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND
REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY
INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER
CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a
given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the
State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be
arbitrated.
(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to: info@neofithub.com, within thirty
(30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address,
your Company username (if any), the email address you used to set up your Company account (if you have one), and
an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration
Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has
no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(h) Severability. Except as provided in Section 10.2(f) (Waiver of Class or Other NonIndividualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder
of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Company.
(j) Modification. Notwithstanding any provision in these Terms to the contrary, we agree
that if Company makes any future material change to this Arbitration Agreement, you may reject that change within
thirty (30) days of such change becoming effective by writing Company at the following address:
info@neofithub.com.
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Export. The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical
data acquired from Company, or any products utilizing such data, in violation of the United States export laws or
regulations.
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Disclosures. Company is located at the address in Section 10.8. If you are a California resident,
you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
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Electronic Communications. The communications between you and Company use electronic
means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates
with you via email. For contractual purposes, you (a) consent to receive communications from Company in an
electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal requirement that such communications
would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
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Entire Terms. These Terms constitute the entire agreement between you and us regarding the use
of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual
effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason,
held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted
by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of
the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.
The terms and conditions set forth in these Terms shall be binding upon assignees.
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Copyright/Trademark Information. Copyright © 2023 Neofithub Inc. All rights reserved. All
trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third
parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party
which may own the Marks.
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Contact Information:
Address:
2810 N Church S, Office 49195
Wilmington , Delaware 19802-4447
Email: info@neofithub.com