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TERMS OF USE

Neostella terms of use

Effective Date: February 26, 2024 

These Terms of Use (“Terms“) are between the reader (“You/Your”) and Neostella LLC (“Neostella”). These Terms govern Your use of Neostella’s Website (including Neostella’s Help Site) and all content on such websites (“Site“). BY USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND WILL FOLLOW THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

NEOSTELLA MAY UPDATE (EFFECTIVE IMMEDIATELY) THESE TERMS AT ANY TIME IN ITS SOLE DISCRETION. BY USING THE SITE AFTER UPDATES ARE POSTED, YOU AGREE TO THOSE UPDATES. 

THESE TERMS CONTAIN YOUR AGREEMENT TO RESOLVE DISPUTES VIA BINDING ARBITRATION.

  1. Use. You may only use the Site if you follow (i) these Terms, (ii) Neostella’s Privacy Policy, (iii) all other applicable terms on the Site, and (iv) all applicable laws, rules and regulations.
  2. Accuracy. Neostella does not promise that any information on the Site is accurate. 
  3. Updates. Neostella may update any information on the Site at any time in its sole discretion.
  4. Posts. If the Site lets You submit or post content (“Post”), You are responsible for all Your Posts.
  5. Career Opportunities. If the Site lists certain career opportunities, Neostella does not have to review any application materials You send or consider You for any career opportunity. 
  6. Third-Party Websites and Content. Neostella is not responsible for any third-party content (or links to third-party websites) on the Site.
  7. Age.  If You are under eighteen (18) years old, You must immediately stop using the Site.
  8. Data Collection. By using the Site, You agree to Neostella’s collection and use of data about You, per its Privacy Policy.
  9. Restrictions.  You will not:
    1. Post anything on the Site that infringes on anyone’s intellectual property rights;
    2. Post anything on the Site that violates anyone’s legal rights;
    3. Spam other Site users;
    4. Submit false information to the Site or falsify information about Your use of the Site;
    5. Upload any viruses or malware on the Site, or do anything to make the Site harder to use;
    6. Mine, gather, or extract data from the Site; 
    7. Copy, modify, sell, or create derivative works of, the Site;
    8. Use the Site unlawfully; or
    9. Do anything on the Site that Neostella considers inappropriate, unauthorized, or against the Site’s intended purpose.
  10. Content. Neostella owns (and retains all ownership rights in) the Site. You will not use Neostella’s intellectual property without permission.
  11. Posts. By making any Post, You give Neostella the right to display, distribute, modify, use, and otherwise disclose such Post for any purpose.
  12. Feedback.  Neostella may use any comments or feedback you submit to the Site, without attribution or compensation.
  13. Termination- Access. If You violate applicable law or these Terms, You will be immediately banned from the Site.
  14. Termination- Site. Neostella may suspend or terminate the Site at any time in its sole discretion.
  15. No Warranty. The Site is provided ”AS IS”. Neostella disclaims all representations and warranties. These Terms exclude any warranty of merchantability.  
  16. Indemnification. You will indemnify or defend Neostella and its affiliates, agents, assigns, directors, employees, officers, and successors (“Neostella Parties”) against all actions, awards, claims, costs, damages, deficiencies, expenses, fines, interest, judgments, liabilities, losses, penalties, reasonable legal fees, or settlements incurred by Neostella Parties (“Losses”), relating to any third-party claim arising out of or connected to Your (i) intentional misconduct, recklessness, or fraudulent acts or omissions; or (ii) violations of applicable law. Neostella may assume the defense and control of any matter subject to indemnification. 
  17. Other Damages. Neostella is not liable to You for any (i) loss of use, revenue, profit, or data; or (ii) consequential, exemplary, incidental, indirect, special, or punitive damages, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable or whether Neostella was told of the chance of such damages.
  18. Limit of Liability. Your sole and exclusive remedy is to stop using the Site. Without limiting the prior sentence, Neostella’s total liability for all damages under these Terms is limited to one hundred dollars ($100).
  19. Dispute Resolution. You and Neostella must first try to resolve any dispute by good faith discussions or email. If good faith discussions are unsuccessful, either party may submit the dispute to binding arbitration (except that Neostella may bring an individual action in small claims court or seek other relief in court to protect any intellectual property rights). The American Arbitration Association will conduct arbitration per its Consumer Arbitration Rules, then in effect and as amended. This agreement to arbitrate involves a transaction of interstate commerce and the Federal Arbitration Act will govern questions of interpretation and enforceability. The parties will not publicly discuss the arbitration’s subject matter or outcome.
  20. Governing Law. Wisconsin law governs these Terms and all related claims, without regard to choice-of-law rules.
  21. Forum. Any legal proceeding related to these Terms will only be filed in state or federal courts in Milwaukee, Wisconsin, and each party agrees that such forum is convenient.
  22. Legal Fees. The prevailing party in any action or proceeding arising under these Terms will be promptly reimbursed by the other party for its related legal fees incurred.
  23. Construction. No unfavorable contract construction principle will be used against a party that helped draft these Terms.
  24. Entire Agreement. These Terms and any other documents incorporated by reference are the parties’ entire agreement for the subject matter. 
  25. Headings. These Terms’ headings are for reference only.
  26. No Third-Party Beneficiaries. These Terms do not grant any right, benefit, or remedy to any third party unless otherwise stated.
  27. Severability. If any term of these Terms is held to be unenforceable, such unenforceability will not affect the rest of these Terms or the enforceability of such term in any other jurisdiction.
  28. Waiver. No failure to exercise any right under these Terms will be considered a waiver of such right.
  29. Sections Inapplicable To New Jersey Consumers. The following Sections are inapplicable to New Jersey consumers, provided that Neostella retains all rights, defenses, and allowed limits of liability allowed under New Jersey law:
    1. Section 18 (“Other Damages”)
    2. Section 19 (“Limit of Liability”), to the extent Neostella’s liability is limited due to (i) negligence; (ii) product liability claims; (iii) violations of the New Jersey Uniform Commercial Code; or (iv) failure to reasonably protect against harm due to third-party criminal acts.
  30. Contact. You may contact Neostella at:

Neostella LLC

325 E Chicago Street 

5th Floor 

Milwaukee, WI 53202

414-251-0980

sales@neostella.com