© 2023 Nextcept, LLC All rights reserved.
Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
For the purposes of this Agreement, "Nextcept" refers to nextcept LLC, the legal entity which owns and operates the product known as "The Day Quest". All references to Nextcept within this Agreement pertain to nextcept LLC, DBA The Day Quest.
By using our Platform, you are agreeing to our Terms of Service. That is a legally binding agreement between you and Nextcept.
If you break the rules, we may suspend or terminate your account.
We may charge for certain aspects of our Platform, and some of these fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription).
Using our Platform involves sharing and learning about personal information from other users. You may also meet other users in real life. Any of the features we offer may lead to unexpected situations. We can’t control what happens in the real world and we'll try our best on our platform. This doesn't mean we will always succeed and we are not responsible for surprising, unpredictable, or predicatable situations. You should use common sense and good judgment when interacting with others.
You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms of Service, which includes our various policies. Your Content is also subject to our Intellectual Property Dispute Policies.
We do not own the Content that you post. However, we do require that you provide us a perpetual license to use this Content in order for us to operate, improve, promote, and protect Nextcept and our Platform for the benefit of you and others.
We are not responsible for Content that users post or the communications that users send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.
We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.
By using our Platform, you agree to the limitations of liability and release in our Terms of Service. Except as specified in our Terms of Service, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms of Service. Claims can only be brought individually, and not as part of a class action.
Our Terms of Service contain important information about your legal rights. To make it easier to understand, we have provided summaries and tips in these gray boxes. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.
Nextcept enables you and other users to meet, discuss, and learn about each other. The terms “Nextcept,” "The Day Quest," “we,” “us,” and “our” include Nextcept, LLC and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Nextcept, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our various policies. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any user who has the ability to moderate or manage that portion of our Platform.
We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of our community, or to protect our brand or Platform. We also may remove accounts of users who are inactive for an extended period of time.
A user who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes.
Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. While you may cancel auto-renewal or cancel your subscription at any time, you won’t be issued a refund except in our sole discretion.
We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above.
You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments, or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights), this Agreement - including our various policies.
We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Nextcept and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant nextcept LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
Nextcept collects registration and other information about you through our Platform. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as other users of Nextcept’s Platform.
When you use our Platform, we require that you follow our various policies. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.
Nextcept does not control the Content of other users. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other users.
Nextcept is not a party to any offline arrangements made through our Platform. Nextcept does not conduct or require background checks on users, and does not attempt to verify the truth or accuracy of statements made by users. Nextcept makes no representations or warranties concerning the conduct or Content of any users or their interactions with you.
Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as "Nextcept Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with a Nextcept Feature. You also agree to release other users from Claims based on negligence arising out of or in any way connected with their Content. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
You agree to indemnify, defend and hold all Nextcept Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct on our platform that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Nextcept Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
You agree that in no event shall any Nextcept Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Nextcept Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any user or third party on the Platform, (c) your use of our Platform, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $10 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
Informal Resolution. Before making any claim, you and Nextcept agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement. You or Nextcept may initiate this process by sending written notice describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Nextcept may bring a claim.
You agree to submit any claim to nextcept LLC or our legal counsel for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Nextcept are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Nextcept.
Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
Either party may commence arbitration by filing a written demand for arbitration with nextcept LLC or our legal counsel, with a copy to the other party. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Jefferson County, Colorado.
You or Nextcept may assert claims, if they qualify, in small claims court in Jefferson County, Colorado. or any U.S. county where you live or work. You or Nextcept may seek injunctive relief from a court of competent jurisdiction in Jefferson County, Colorado as necessary to protect the intellectual property rights of you or Nextcept pending the completion of arbitration. Nextcept may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Nextcept's right to modify, suspend or terminate your account or access to our Platform
You agree to resolve disputes with Nextcept on an individual basis. You agree not to bring a claim as a plaintiff or a class user in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
Nextcept trademarks, logos, service marks, and service names are the intellectual property of Nextcept. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent.
Nextcept respects the intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please let us know.
The Day Quest Platform is not intended for individuals under the age of 18. By using our Platform, you represent and warrant that you are at least 18 years old. If you are under the age of 18, you must not create an account, access, or use the Platform.
We may implement verification methods to confirm the ages of our users. You agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to use any tools or methods to circumvent any age restrictions or verifications we put in place.
Parents or legal guardians who wish to allow their children under the age of 18 to use The Day Quest Platform should supervise such use. By allowing your child to use the Platform, you are agreeing to the terms of this Agreement on their behalf and you are responsible for your child’s activity on the Platform.
If it comes to our attention that an individual under the age of 18 has provided us with personal information or has created an account, we will take steps to terminate that person’s account and delete any related information as soon as possible.
This Agreement was written in English. If you translate this and there is any inconsistency between the English version and a translated version, the English language version controls.
Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to nextcept LLC, Attn: Legal Department, PO Box 351693 Westminster CO 80035-1693, or by email to info@Nextcept.com. Any notice to you shall be given to the most current email address in your account.
This Agreement, including our various policies, constitutes the entire agreement between you and Nextcept, superseding any prior agreements between you and Nextcept on such subject matter.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Nextcept is intended or created by this Agreement. A user of the Nextcept Platform is not Nextcept's representative or agent, and may not enter into an agreement on Nextcept’s behalf.
This Agreement and the relationship between you and Nextcept shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions.
If our agreement to arbitrate is found not to apply to you or your claim, you and Nextcept agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Jefferson County, Colorado, and you and Nextcept agree to venue and personal jurisdiction in those courts.
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
This Agreement is not assignable, transferable or sublicensable by you except with Nextcept’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Nextcept’s assets, or similar transaction.
A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Nextcept nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Please accept our thanks for reading our Terms of Service.
Sections related to Fees, Payments, Offers, Content License from You, Privacy, Release, Indemnification, Warranty Disclaimer and Limitation of Liability, Dispute Resolution, Termination, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement by a user or third party by sending an email to info@Nextcept.com or info@TheDayQuest.com.
© 2023 Nextcept, LLC All rights reserved.