Please read this Terms of Service (the “TOS”) carefully because it is an agreement between You and Nymbl Technologies, LLC. (“Nymbl”, which term will include any subsidiaries and other affiliates of Nymbl Technologies, LLC.) and governs Your use of our mobile device fitness tools and applications (the “Mobile Fitness App” or the “App”), our website located at www.nlytfit.com, www.nymblfit.com and any related domains or subdomains (collectively, the “Site”), our personalized fitness and workout tracking services accessible via the Site and via use of mobile devices or other equipment that contains Nymbl-enabled content or controls, to the extent that such use relates to hardware, software or services provided by Nymbl, and our Mobile Fitness App. The Site, our services and the Mobile Fitness App are collectively called the “Nymbl Services”.
1. Acceptance of Terms; Certain Definitions
2. Changes to Terms or Services
We may modify or update the TOS and the Nymbl Services at any time, at our sole discretion. If we modify or update the TOS, we will let You know either by posting the modified TOS on the Site or through other communications. It’s important that You review the TOS whenever we modify them because if You continue to use the Nymbl Services after we have posted modified TOS on the Site, You are indicating to us that You agree to be bound by the modified TOS. If You don’t agree to be bound by the modified TOS, then You can’t use the Nymbl Services any further.
Nymbl is always striving to make the Nymbl Services better and because the Nymbl Services are evolving over time, Nymbl may change, add new features, or discontinue all or any part of the Nymbl Services or any maintenance and support for the Mobile Fitness App. Any of these changes may happen at any time and without notice.
3. Registration and Account Information
If You are any individual, You represent that You are (a) 18 years or older with the legal capacity to form a binding contract with Nymbl and be subject to these TOS under the laws of any applicable jurisdiction, and (b) not barred from using the Nymbl Services under applicable law or any existing contract. If You are a business entity, You represent that You are (a) duly authorized to form a binding contract with Nymbl and be subject to these TOS under the laws of any applicable jurisdiction, and (b) not barred from using the Nymbl services under applicable law or any existing contract. You further represent that You are a professional fitness trainer qualified to provide fitness training services to Your Client(s).
If You want to use any features of the Nymbl Services You’ll have to create an account. You can do this within the App, or via the Site or through Your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If You choose the SNS Account option we’ll create Your account by extracting from Your SNS Account certain personal information such as Your name and email address and other personal information that Your privacy settings on the SNS Account permit us to access. `
You also agree that You will provide true, accurate, current and complete information for Your account as prompted by the Nymbl Service’s registration form, with updates, as applicable. If You provide any information that is untrue, inaccurate, not current or incomplete, or Nymbl has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nymbl has the right to suspend or terminate Your account and refuse to provide You any further access to any portion of the Nymbl Services.
You are responsible for maintaining the confidentiality of the password and account name or ID Your register under, and are fully responsible for all activities that occur under Your account. Nymbl is not liable for any failure on Your part to comply with the foregoing. You agree to immediately notify Nymbl of any unauthorized use of Your password or account or any other breach of security.
4. Health Disclaimer
The Nymbl Services and the Site may provide non-medical, physiological data about the human body in general or about Your Clients along with information, applications and content published over the Internet and are intended only to assist You with respect to Your Clients’ personal exercise, fitness and wellness efforts. Nymbl is not a medical organization and Nymbl does not and cannot give You or Your Clients any medical advice or diagnoses. Nothing transmitted or contained in the Nymbl Services, the Site or through the network of content and exercise-related information provided by Nymbl (“Nymbl Network”) should be construed as medical advice or a diagnosis. Any data or reports generated through use of the Nymbl Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment for any medical condition. Nymbl urges You and Your Clients to seek the advice of a qualified physician before beginning any fitness & wellness related effort or regimen. You are responsible for any exercise, health, fitness or wellness activities, program or procedures that You design or implement for any of Your Clients whether you use Nymbl Services or not, and Nymbl disclaims any responsibility for such activities, programs or procedures.
6. Content and Content Rights
For purposes of these TOS: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Nymbl Services; and (ii) “User Content” means any Content posted by You or other Nymbl account holders to be made available through the Nymbl Services. Content includes without limitation User Content.
Nymbl does not claim any ownership rights in any User Content that You make available through the Nymbl Services and nothing in these TOS will be deemed to restrict any rights that You may have to use and exploit Your User Content. Subject to the foregoing, Nymbl and its licensors exclusively own all right, title and interest in and to the Nymbl Services, all Nymbl Content, and any data derived from user inputs and use of the Nymbl Services, including all associated intellectual property rights. You acknowledge that the Nymbl Services and Nymbl Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Nymbl Services or Nymbl Content.
By making any User Content available through the Nymbl Services You hereby grant to Nymbl a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, analyze, aggregate, copy, modify (formatting purposes only), publicly display, publicly perform and distribute Your User Content in connection with operating and providing the Nymbl Services and Content to You and to other Nymbl account holders.
You are solely responsible for all Your User Content. You represent and warrant that You own all Your User Content or You have all rights that are necessary to grant Nymbl the license rights in Your User Content under these TOS. You also represent and warrant that neither Your User Content, nor Your use and provision of Your User Content to be made available through the Nymbl Services, nor any use of Your User Content by Nymbl on or through the Nymbl Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove Your User Content by specifically deleting it. However, in certain instances, some of Your User Content (such as posts or comments You make or data that You submitted) may not be completely removed and copies of Your User Content may continue to exist on the Site or Nymbl Services. In addition, data that has already been collected by Nymbl may continue to be maintained and used by Nymbl in its database and analysis. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Your User Content.
Subject to Your compliance with these TOS, Nymbl grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and view all Content made generally available by Nymbl to its users solely in connection with Your permitted use of the Nymbl Services.
7. Nymbl Data Collection and Database
Nymbl reserves the right to collect, use, aggregate, analyze and disclose information from our users. This includes, without limitation, the right to aggregate and perform analyses on data input by You or Your Clients or derived from Your use of the Nymbl Services. Nymbl shall have all ownership rights, title and interests to all databases containing such information. Nymbl may use the information contained in such databases as it deems appropriate. Notwithstanding the forgoing, Nymbl disclaims any ownership interest in or intent to use any personally identifying data (such as individual names, contact information, social security numbers or similar personally identifying information) that may be contained in data input by our users. You agree that You will obtain the consent of each of Your Clients for whom You utilize any Nymbl Services as part of serving such Clients, that they agree to You saving workout, exercise and other fitness-related data through the Mobile Fitness App and that they further agree to allow Nymbl to use and aggregate non-personally identifiable data for purposes of performing analyses on the use of the Mobile Fitness App and workout data. Nymbl agrees to save all User and User Client data on secure databases either in a facility owned or managed by Nymbl or by a third party data storage services provider such as Amazon Web Services. Nymbl may utilize third party data storage services of third party providers who implement data storage security protocols that meet or exceed industry standards.
You understand that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. You understand that by using the Nymbl Services, You may be exposed to Content posted by other users that is offensive or objectionable. Under no circumstances will Nymbl be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Nymbl Services.
We ask that You respect the Nymbl community of users and our desire for all users to feel safe when using the Nymbl Services, including any Content. Accordingly, You agree You will not use the Nymbl Services to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Nymbl Services or the Nymbl Network;
• upload, post, email, transmit or otherwise make available any material that contains software viruses, “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Nymbl Services or servers or networks connected to the Nymbl Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Nymbl Services, including using any device, software or routine to bypass our robot exclusion headers;
• intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations;
• impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.;
• “stalk” or otherwise harass anyone;
• and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 7 above.
Although Nymbl is not obligated to monitor access to, or use of, the Nymbl Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Nymbl Services, to ensure compliance with these TOS, or to comply with applicable law or other legal requirements. Nymbl reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these TOS. Nymbl has the right to investigate violations of these TOS or conduct that affects the Nymbl Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge, consent and agree that Nymbl may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TOS (iii) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of Nymbl, its users or the public.
You understand that the Nymbl Services and software embodied within the Nymbl Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Nymbl and/or content providers who provide Content to the Nymbl Services. You may not attempt to override or circumvent any of the usage rules embedded into the Nymbl Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Nymbl Services, in whole or in part, is strictly prohibited.
9. Rights and Terms for Apps
Subject to Your compliance with these TOS, Nymbl grants You a limited non-exclusive, non- transferable, non-sublicensable license to download, install and use a copy of the Fitness App on a mobile device or computer that You own or control and to run such copy of the App solely for Your own use. This license shall automatically terminate upon termination of Your subscription for any reason. If You would like to install the App on any additional device of Yours, You will need to download the App again for the additional device. Nymbl reserves all rights in and to the App not expressly granted to You under these TOS.
You must also comply with all applicable third-party terms of service when using the Mobile Fitness App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Mobile Fitness App, You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You may not: (i) copy, modify or create derivative works based on the Mobile Fitness App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the Mobile Fitness App; or (iv) make the functionality of the Mobile Fitness App available to multiple users through any means.
10. Interstate and International Nature of the Nymbl Services
You acknowledge that in using the Nymbl Services You will be causing communications to be sent through Nymbl’s computer networks, portions of which are located in Minnesota and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Nymbl’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where You are physically located at the time of transmission. Accordingly, You acknowledge that use of the Nymbl Services results in interstate data transmissions.
11. Contributions to Nymbl
Nymbl welcomes feedback, comments, ideas, and suggestions for improvements to the Nymbl Services (“Contributions”). You can submit Contributions by emailing us at email@example.com. By submitting Contributions to Nymbl, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) Nymbl is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Nymbl will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Nymbl may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become the property of Nymbl without any obligation of Nymbl to You; and (f) You are not entitled to any compensation or reimbursement of any kind from Nymbl under any circumstances.
You hereby assign and agree to assign to Nymbl any and all rights You may have in Your Contributions to Nymbl.
12. DMCA/Copyright Policy
Nymbl respects copyright law and expects its users to do the same. It is Nymbl’s policy to terminate in appropriate circumstances Nymbl account holders who repeatedly infringe the rights of copyright holders.
You agree to indemnify, defend and hold Nymbl and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your access to or use of the Nymbl Services or Content, Your User Content, Your violation of these TOS, or Your violation of any rights of another.
Your dealings with, or participation in promotions of, advertisers or other third parties found on or through the Nymbl Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or third party. You agree that Nymbl will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with advertisers or third parties, or as the result of the presence of such advertisers on the Nymbl Network or through the Nymbl Services.
15. Links to Third Parties
The Nymbl Services may contain links to third-party websites or resources. Nymbl provides these links only as a convenience. You acknowledge and agree that Nymbl is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party websites or resources and agree that Nymbl will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through any such website or resource.
We may terminate Your subscription and Your access to and use of the Nymbl Services or deactivate or cancel Your account, at our sole discretion and without liability to You. You may cancel Your Account at any time via the “Cancel Account” feature of the Services or by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Nymbl Services or Your account, the following provisions of these TOS will survive: sections 4, 6 (with respect to parts of Your User Content which won’t be deleted as noted in Section 6), 7, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23 and 26.
17. Nymbl’s Proprietary Rights
You acknowledge and agree that the Nymbl Services, any necessary software used in connection with the Nymbl Services and Nymbl Network (“Software”) and Content provided through the Nymbl Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to You through the Nymbl Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Nymbl or the applicable licensor (such as an advertiser), You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Nymbl Services, such Content or the Software, in whole or in part.
Nymbl grants You a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Nymbl Services.
You agree that all of Nymbl’s trademarks, trade names, service marks and other Nymbl logos and brand features, and product and service names (collectively, “Nymbl Marks”) are trademarks and the property of Nymbl Inc. Without Nymbl’s prior permission, You agree not to display or use in any manner the Nymbl Marks.
18. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE NYMBL SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE NYMBL SERVICES, CONTENT, THE NYMBL NETWORK AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NYMBL AND ITS GOVERNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
NYMBL AND ITS GOVERNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE NYMBL SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE NYMBL SERVICES, NYMBL NETWORK OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NYMBL SERVICES, CONTENT, THE NYMBL NETWORK OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NYMBL SERVICES OR THE NYMBL NETWORK WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NYMBL SERVICES, THE NYMBL NETWORK OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYMBL OR THROUGH OR FROM THE NYMBL SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
19. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYMBL AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES OR OTHER INTANGIBLE LOSSES (EVEN IF NYMBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE NYMBL SERVICES, CONTENT OR THE NYMBL NETWORK; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NYMBL SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE NYMBL SERVICES.
IN NO EVENT WILL NYMBL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR FROM THE USE OF OR INABILITY TO USE THE NYMBL SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NYMBL FOR USE OF THE NYMBL SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NYMBL, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NYMBL AND YOU.
20. Exceptions to Disclaimers and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there will be no third- party beneficiaries to this agreement.
22. Dispute Resolution
These TOS and any action related thereto will be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions.
Agreement to Arbitrate and Forum
You and Nymbl agree that any dispute, claim or controversy arising out of or relating to these TOS or the breach, termination, enforcement, interpretation or validity thereof or the use of the Nymbl Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the District of Minnesota and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that You and Nymbl are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Nymbl otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these TOS.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Nymbl changes this “Dispute Resolution” section after the date You first accepted these TOS (or accepted any subsequent changes to these TOS), You may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Nymbl’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Nymbl in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these TOS (or accepted any subsequent changes to these TOS).
Nymbl may provide You with notices under these TOS, including those regarding changes to these TOS, including by but not limited to postings on the Nymbl Services, email, SMS, MMS, text message, regular mail or other reasonable means now known or hereafter developed. Such notices may not be received if You violate these TOS by accessing the Nymbl Services in an unauthorized manner. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Entire Agreement. These TOS constitutes the entire agreement between You and Nymbl and governs Your use of the Nymbl Services, superseding and replacing any and all prior oral or written understandings or agreements between You and Nymbl with respect to the Nymbl Services and Content. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Nymbl services, affiliate services, third-party content or third-party software, or communicate with third parties such as advertisers.
Waiver and Severability of Terms. The failure of Nymbl to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nymbl. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.
Remedies. Except as expressly set forth in these TOS, the exercise by either party of any of its remedies under these TOS will be without prejudice to its other remedies under these TOS or otherwise.
No Assignment. You may not assign or transfer these TOS, by operation of law or otherwise, without Nymbl’s prior written consent. Any attempt by You to assign or transfer these TOS, without such consent, will be null and of no effect. Nymbl may freely assign or transfer these TOS without restriction. Subject to the foregoing, these TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Right of Survivorship and Non-Transferability. You agree that Your Nymbl account is
non-transferable and any rights to Your Nymbl account or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nymbl Services or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these TOS are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS to Nymbl at firstname.lastname@example.org.
26. Contact Information
If You have any questions about these TOS or the Nymbl Services, please contact Nymbl at email@example.com.