Novostead Pre-Order Policy and Disclaimer
Thank you for your interest in Novostead. Our platform is currently in development and we are offering pre-orders for AI startups and investors who wish to be listed on the platform. By pre-ordering a listing, you agree to the following terms and conditions:
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR PRE-ORDER ON THE NOVOSTEAD PLATFORM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
By pre-ordering a listing card on the Novostead platform, you understand and agree to the following:
Pre-Order Process: You are pre-ordering a listing card on the Novostead platform that is currently in development and is not yet available for use. The pre-order is not a deposit and does not guarantee that you will receive a listing card. Novostead reserves the right to decline or cancel any pre-order at any time for any reason.
Payment: You agree to pay the pre-order fee listed on the Novostead platform at the time of pre-order. Payment of the pre-order fee does not guarantee that you will receive a listing card.
Delivery: Novostead will make its best effort to deliver the listing card as soon as it becomes available. However, Novostead does not guarantee a specific delivery date or timeframe.
Refunds: You have a 30-day money-back guarantee on the Pre-order fee, in which you can get a full refund anytime within 30 days after your first payment. After the 30 days, pre-order fees are non-cancelable and non-refundable, except in the event that Novostead is unable to deliver the listing card latest on the one-year anniversary of your placing the pre-order for the listing card. In such a case, Novostead will issue a partial refund of the pre-order fee.
Changes: Novostead reserves the right to make changes to these pre-order terms and conditions at any time without prior notice. Any changes will be posted on the Novostead platform.
By pre-ordering a listing card on the Novostead platform, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.
You assume all responsibility and risk with respect to your use of Novostead’s platform.
THE PLATFORM, AND ALL CONTENTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS PLATFORM OR A “LINKED” PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, NOVOSTEAD DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS PLATFORM IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Novostead makes no warranties of any kind regarding any non-Novostead platforms to which you may be directed or hyperlinked from this Platform. Hyperlinks are included solely for your convenience, and Novostead makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Novostead platforms. Novostead does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Platform.
Indemnification
You agree to indemnify, hold harmless, and defend Novostead, its parents, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Platform, your violation of these Terms or the Privacy Policy, content posted to the Platform by you, or your violation of any law or the rights of a third party.
Initial Dispute Resolution
We are available by e-mail at to address any concerns
you may have regarding your reservation. Most concerns may be quickly
resolved in this manner. You agree to use best efforts to settle any dispute,
claim, question, or disagreement directly through consultation and good faith
Negotiations.
Any claim or controversy arising out of or relating to the use of Novostead’s Service, to the goods or services provided by Novostead, or to any acts or omissions for which you may contend Novostead is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NOVOSTEAD WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND NOVOSTEAD ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Novostead otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
Class Action Waiver.
You agree that you may only bring Claims against Novostead entities in your individual capacity and that you are not entitled to join or consolidate claims with other consumers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in aprivate attorney general capacity
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Limitation of Liability
Novostead’s liability arising from or related to these pre-order terms and conditions is limited to the amount of the pre-order fee paid by you.
IN NO EVENT SHALL Novostead, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS PLATFORM BE LIABLE TO ANY USER OF THE PLATFORM OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Novostead HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Novostead, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS PLATFORM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Novostead IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services made available through the Platform.
Suspension or Termination
(i) Suspension or Termination for Cause. Novostead may suspend or terminate your access to the Services and/or this Agreement in the following instances: (I) if you breach this Agreement and cannot correct the breach within that period required by Novostead if the breach is capable of cure; (II) immediately, if you fail to pay any monies owed to Novostead for paid services; (III) immediately if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (IV) immediately in the event of violations of this Agreement; (V) for any abuse, inappropriate behavior, or other conduct, which in our sole discretion adversely affects or has the potential to affect us, our employees or users of our Services; (VI) immediately if you send excessive, disruptive, deceptive, or abusive communications to another User by mail, email, text, phone, or other mode of communication (as may be determined in Novostead’s sole discretion), regardless if such communication takes place on or off the Services; (VII) immediately if you in any way disclose, transfer, or sell any Data (defined below) within a User’s resume/CV or profile to a third party, except as expressly permitted by this Agreement; and/or (VIII) immediately, if you charge, or attempt to charge, an Investor any money to proceed with the pre-order process on the Services. In the event of any suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with Novostead (other than a termination for convenience by Novostead), you remain responsible for the entire amount of the fees (pre-paid and/or due), for the applicable Services, and you will not receive a refund of any prepaid fees. Novostead may also suspend your access to the Services without penalty and without notice, in the event of a suspected violation of this Agreement. In the event your access to the Services is
terminated for cause in accordance with clauses (V), (VI), (VII), (VIII) above, you shall further be prohibited from signing up for or using any other User account, free trial, or paid service on the Services.
Novostead reserves the right, in its sole discretion and without prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, violation of the rights of another user, violation of any applicable laws, or violation of the terms and conditions of any service for which you may have registered. You agree to use the products and services of Novostead only for their intended purpose and not to cause an unreasonable load on Novostead’s servers. You may not resell, rent, sublicense, or permit a third party to make any use of your account or the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund. Novostead reserves the right to change, modify, or discontinue any service, or a portion or attribute thereof, at any time with or without notice to you. Novostead shall have no liability to you or any third-party for any modification or discontinuation of any service or an aspect thereof.
