Terms & Conditions
By accessing the website at http://nimbus.io, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Nimbus.io’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Nimbus.io’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nimbus.io at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Nimbus.io’s website are provided on an ‘as is’ basis. Nimbus.io makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Nimbus.io does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Nimbus.io or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Nimbus.io’s website, even if Nimbus.io or a Nimbus.io authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Nimbus.io’s website could include technical, typographical, or photographic errors. Nimbus.io does not warrant that any of the materials on its website are accurate, complete or current. Nimbus.io may make changes to the materials contained on its website at any time without notice. However Nimbus.io does not make any commitment to update the materials.
Nimbus.io has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nimbus.io of the site. Use of any such linked website is at the user’s own risk.
7. Mobile Messaging Terms & Conditions
Nimbus.io (“We,” “Us,” “Our”, “Nb”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the Program, such as through online enrollment forms or by texting a keyword to XXXXXX or any successor short code to opt into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Us to communicate with you requires human intervention for Our mobile messages to be initiated, and thus Our mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Us. Our text messaging service supports the following carriers: AT&T, Boost, MetroPCS®, Sprint, T-Mobile®, US Cellular®, Verizon Wireless, Virgin Mobile and others. T-Mobile® is not liable for delayed or undelivered messages.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages about new blog posts and articles on this site, exclusive deals or offers, sites and blog recommendations from us, our Marketing Partners.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Us.
Contact Information: For support text “HELP” to XXXXXX, or to any of Our mobile messages, call 1 (800) 320-9505 or email us at [email protected]
User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to XXXXXX, or to any of Our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to XXXXXX or to any of Our mobile messages you receive, or by contacting Us via the means provided above and clearly communicating your intent to unsubscribe from the Program. For additional support, text “HELP” to XXXXXX to get help.
MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.
Nimbus.io may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
9. Arbitration Agreement
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nimbus.io will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Nimbus.io may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Nimbus.io’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section 9 will survive the termination of your relationship with Nimbus.io.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NIMBUS.IO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the state of Tennessee, U.S.A. and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.