Terms and Conditions
Updated February 17, 2007:
Introduction
nimble is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by nimble include the nimble.local website and any other features, content, or applications offered from time to time by nimble.
This Terms of Use Agreement / Terms and Conditions ("Agreement") sets forth the legally binding terms for your use of the nimble website. By using the nimble website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the nimble Website) or you are a "Member" (which means that you have registered with nimble). The term "User" refers to a Visitor or a Member. You are only authorized to use the nimble website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the nimble Website and discontinue use of the nimble website immediately. If you wish to become a Member, communicate with other Members and make use of the nimble website, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes nimble’s policy for acceptable use of the nimble website and Content posted on the nimble website, your rights, obligations and restrictions regarding your use of nimble.
nimble may modify this Agreement from time to time and such modification shall be effective upon posting by nimble on the nimble website. You agree to be bound to any changes to this Agreement when you use the nimble website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on nimble and that you provide to other Users. Your nimble profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other nimble Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and nimble assumes no responsibility or liability for this material. If you become aware of misuse of the nimble website by any person, please contact nimble immediately.
nimble reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the nimble website at any time, for any or no reason, with or without prior notice, and without liability.
By registering with the nimble website, you represent and warrant that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a nimble Member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The nimble website is made available for your personal, non-commercial use only. You may not use the nimble website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the nimble website. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does nimble have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the nimble website.
Conditions for use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the nimble website. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by nimble
- Create a false or misleading identity of another individual or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the nimble website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the nimble website, other accounts, computer systems or networks connected to the nimble website, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the nimble website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the nimble website.
- Reformat or frame any portion of the web pages that are part of the nimble website.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the nimble website.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the nimble website.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the nimble website by electronic or other means.
Proprietary Rights
nimble does not claim any ownership rights in any Materials that you submit, post, or display on or through the nimble website. After submitting, posting or displaying Materials on or through the nimble website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the nimble website, you hereby grant to nimble a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the nimble website. The license you grant to nimble is non-exclusive (meaning you are free to license your Materials to anyone else in addition to nimble), fully-paid and royalty-free (meaning that nimble is not required to pay you for the use on the nimble website of the Materials that you post), sublicensable (so that nimble is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the nimble website), and worldwide (because the Internet and the nimble website are global in reach). This license will terminate at the time you remove your Materials from the nimble website. The license does not grant nimble the right to sell your Materials, nor does the license grant nimble the right to distribute your Materials outside of the nimble website. You represent and warrant that: (i) you own the Materials posted by you on or through the nimble website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the nimble website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the nimble website. nimble own and retain all rights on the nimble website, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the nimble website by nimble. Except expressly authorized by nimble, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of nimble’s proprietary information.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. nimble respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the website, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimer of Warranties
nimble and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the nimble website. nimble further expressly disclaims (1) that the nimble website will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the nimble website or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the nimble website or the content made available as part of the nimble website will be correct, accurate, timely, or otherwise reliable. nimble expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials on the nimble website input by other Members is correct or accurate.
THE NIMBLE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE NIMBLE WEBSITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. NIMBLE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE NIMBLE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at nimble's request defend, nimble, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the nimble website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, nimble will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE NIMBLE WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL NIMBLE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE NIMBLE WEBSITE, WHETHER OR NOT NIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NIMBLE WEBSITE, FROM INABILITY TO USE THE NIMBLE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NIMBLE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE NIMBLE WEBSITE OR ANY PART OF THE NIMBLE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NIMBLE WEBSITE.
Notices
nimble may provide you with notices regarding the nimble website or these Terms and Conditions by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the nimble website.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of Ireland, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service / Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall nimble be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service / Terms and Conditions constitute the entire agreement between you and nimble with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service / Terms and Conditions by a party will be effective only if in writing and signed by a party.
Introduction
nimble is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by nimble include the nimble.local website and any other features, content, or applications offered from time to time by nimble.
This Terms of Use Agreement / Terms and Conditions ("Agreement") sets forth the legally binding terms for your use of the nimble website. By using the nimble website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the nimble Website) or you are a "Member" (which means that you have registered with nimble). The term "User" refers to a Visitor or a Member. You are only authorized to use the nimble website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the nimble Website and discontinue use of the nimble website immediately. If you wish to become a Member, communicate with other Members and make use of the nimble website, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes nimble’s policy for acceptable use of the nimble website and Content posted on the nimble website, your rights, obligations and restrictions regarding your use of nimble.
nimble may modify this Agreement from time to time and such modification shall be effective upon posting by nimble on the nimble website. You agree to be bound to any changes to this Agreement when you use the nimble website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on nimble and that you provide to other Users. Your nimble profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other nimble Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and nimble assumes no responsibility or liability for this material. If you become aware of misuse of the nimble website by any person, please contact nimble immediately.
nimble reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the nimble website at any time, for any or no reason, with or without prior notice, and without liability.
By registering with the nimble website, you represent and warrant that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a nimble Member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The nimble website is made available for your personal, non-commercial use only. You may not use the nimble website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the nimble website. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does nimble have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the nimble website.
Conditions for use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the nimble website. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by nimble
- Create a false or misleading identity of another individual or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the nimble website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the nimble website, other accounts, computer systems or networks connected to the nimble website, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the nimble website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the nimble website.
- Reformat or frame any portion of the web pages that are part of the nimble website.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the nimble website.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the nimble website.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the nimble website by electronic or other means.
Proprietary Rights
nimble does not claim any ownership rights in any Materials that you submit, post, or display on or through the nimble website. After submitting, posting or displaying Materials on or through the nimble website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the nimble website, you hereby grant to nimble a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the nimble website. The license you grant to nimble is non-exclusive (meaning you are free to license your Materials to anyone else in addition to nimble), fully-paid and royalty-free (meaning that nimble is not required to pay you for the use on the nimble website of the Materials that you post), sublicensable (so that nimble is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the nimble website), and worldwide (because the Internet and the nimble website are global in reach). This license will terminate at the time you remove your Materials from the nimble website. The license does not grant nimble the right to sell your Materials, nor does the license grant nimble the right to distribute your Materials outside of the nimble website. You represent and warrant that: (i) you own the Materials posted by you on or through the nimble website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the nimble website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the nimble website. nimble own and retain all rights on the nimble website, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the nimble website by nimble. Except expressly authorized by nimble, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of nimble’s proprietary information.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. nimble respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the website, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimer of Warranties
nimble and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the nimble website. nimble further expressly disclaims (1) that the nimble website will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the nimble website or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the nimble website or the content made available as part of the nimble website will be correct, accurate, timely, or otherwise reliable. nimble expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials on the nimble website input by other Members is correct or accurate.
THE NIMBLE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE NIMBLE WEBSITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. NIMBLE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE NIMBLE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at nimble's request defend, nimble, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the nimble website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, nimble will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE NIMBLE WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL NIMBLE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE NIMBLE WEBSITE, WHETHER OR NOT NIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NIMBLE WEBSITE, FROM INABILITY TO USE THE NIMBLE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NIMBLE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE NIMBLE WEBSITE OR ANY PART OF THE NIMBLE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NIMBLE WEBSITE.
Notices
nimble may provide you with notices regarding the nimble website or these Terms and Conditions by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the nimble website.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of Ireland, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service / Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall nimble be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service / Terms and Conditions constitute the entire agreement between you and nimble with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service / Terms and Conditions by a party will be effective only if in writing and signed by a party.
