Terms of Use (Website)

Acceptance

• By accessing and using the Site, or by clicking to accept or agree to the Terms when this option is made available to you, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site.

• The Site is only intended for individuals aged sixteen (16) years or older. If you are under sixteen (16) years please do not visit or use the Site.

Changes to the Terms of Use

• We may amend and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site. Material or significant changes will be notified 7 days before becoming effective, so you can choose whether or not to accept them.
  

• Your continued use of or access to the Site following the posting of revised Terms means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on you.
  

Scope and applicability

• These Terms apply to visitors of the Site and users of related services offered within the Site. If you subscribe to one or more of our programs, products or services, then an additional set of terms and conditions may apply to such use.
  

Access and safety

• We strive to provide uninterrupted access to the Site, but we cannot guarantee that the Site will always be available or error-free. We reserve the right to suspend, discontinue, disable or amend the Site or any part thereof. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

• Some of the services that are available on the Site may require certain registration or submission of information. It is a condition of your use of the Site and such related services that all the information you provide is correct, current, and complete.

• You agree not to engage in any activities that may compromise the security or functionality of the Site or its users. Prohibited activities include, but are not limited to, attempting to gain unauthorized access to the Site, introducing viruses or malicious code, or interfering with the proper operation of the Site.

• You may have the option to contribute content to the Site, such as comments, reviews, or forum posts. You agree not to submit any content that is unlawful, defamatory, offensive, or infringing on any intellectual property rights. We reserve the right to remove or modify user-contributed content at our discretion.

Restrictions on use

• Without limiting the generality of Section 4 point 3, or Section 6, you may use and access the Site only for lawful purposes and in accordance with these Terms and applicable laws.

• You shall not:

  • copy, distribute or modify any part of the Site without our prior written authorization of Nimble;

  • use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any content available on the Site, except as expressly authorized herein;

  • disrupt servers or networks connected to the Site;

  • use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site;

  • circumvent, disable or otherwise interfere with security-related features of the Site

• You shall not use the Site

  • in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the services, including their ability to engage in real-time activities through the Site.

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing.

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

• Additionally, you agree not to

  • introduce any viruses, Trojan horses, worms, logic bombs, malware or other material that is malicious or technologically harmful.

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • otherwise, attempt to interfere with the proper working of the Site.

Intellectual Property

• General. The Site and associated services, content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, logo, Marks, and the design, selection, and arrangement thereof, (“Content”)) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• These Terms permit you to use the Site (including the Content) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative work of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the site, except as follows:
  

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media with certain content, you may take such actions as are enabled by such features.

• You must not:

  • Modify copies of any materials from the Site.

  • Use any Content, including without limitation, illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

• You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

• If you wish to make any use of material on the Site other than that set out in this section, please address your request to: support@nimbleway.com.

• If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will immediately terminate.

• No right, title, or interest in or to the Site, Content, or any associated service is granted to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

• The Company name, its D/B/A, domains, sub-domains, logo, tagline, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Privacy Policy

• Your use of the Site is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

Account registration, purchases and additional terms

• All purchases and registrations to an account you make through the Site are governed by these terms together with our platform Terms and Conditions, which will be made available upon registration/purchase, as the case may be.

• Additional terms and conditions may also apply to specific portions, goods and services, or features. All such additional terms and conditions will incorporate by reference these Terms.

Links from the Site

• If the Site contains links to other sites, services and resources provided by third parties, these links are provided for your convenience only. We do not assume affiliation with such linked services and 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 them. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Geographic Restrictions

• The operator of the Site is based in the State of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

• THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation on liability

• TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE 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 SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

• You agree to defend, indemnify, and hold harmless the Company, 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, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of or access to the Site, including, but not limited to, your User Contributions, any use of the Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

General Provisions

Governing Law and Jurisdiction

• All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York USA without giving effect to its or any other jurisdiction’s choice or conflict of law provision or rule.

• Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York.

Arbitration

• At our sole discretion, it may require you to submit any disputes arising from these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Waiver and Severability

• No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

• If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Contact

• All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@nimbleway.com.