By using website of Nimbus Web, Inc. (the “Nimbus Web”, “we”, “us”) found at http://nimbusweb.me and http://everhelper.pro (the “Website”), or Nimbus Web’s online services and subscription, or downloading and using programs Nimbus Note, Nimbus Clipper, Nimbus Capture (the “Product”), whether through a mobile device, mobile application, cloud, desktop, or by any other means (collectively, the “Nimbus Software”), you acknowledge that you have read the following disclaimers:
1. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE NIMBUS SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NIMBUS WEB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE NIMBUS SOFTWARE AND YOUR USE THEREOF. NIMBUS WEB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF NIMBUS SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF NIMBUS SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH NIMBUS SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA NIMBUS SOFTWARE.
NIMBUS WEB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH NIMBUS SOFTWARE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NIMBUS WEB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. Limitation of Liability
IN NO EVENT SHALL NIMBUS WEB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF NIMBUS SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF NIMBUS SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH NIMBUS SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA NIMBUS SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIMBUS WEB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NIMBUS WEB SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3. Changes to Nimbus Software
NIMBUS WEB RESERVES THE RIGHT TO MAKE CHANGES IN NIMBUS SOFTWARE WITHOUT NOTIFICATION. NIMBUS WEB ALSO MAKES NO REPRESENTATION OR WARRANTY THAT SUCH NIMBUS SOFTWARE WILL BE SUITABLE FOR THE SPECIFIED USE WITHOUT FURTHER TESTING OR MODIFICATION.
4. Notice Specific to Nimbus Software Available on the Website of Nimbus Web
Any software that is made available to download from the Nimbus Website is the copyrighted work of Nimbus Web and/or its suppliers. Use of the Nimbus Software is governed by the Terms of Use, which accompanies or is included with the Nimbus Software.
An end user will be unable to install any Nimbus Software that is accompanied by or includes a the Terms of Use, unless he or she first agrees to these Terms of Use. You can find a copy of the Nimbus Web’s Terms of Use here. The Nimbus Software is made available for download solely for use by end users according to the Terms of Use. Any reproduction or redistribution of the Software not in accordance with the Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF NIMBUS SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF USE. EXCEPT AS WARRANTED IN THE TERMS OF USE, NIMBUS WEB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, NIMBUS SOFTWARE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NIMBUS SOFTWARE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN NIMBUS SOFTWARE.
5. Disclaimer on Links to Third Party Sites
THE LINKS IN NIMBUS WEBSITE AND NIMBUS SOFTWARE WILL LET YOU LEAVE NIMBUS WEBSITE OR SOFTWARE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NIMBUS WEB AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NIMBUS WEB IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NIMBUS WEB IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NIMBUS WEB OF THE SITE.
6. No Association Disclaimer.
YOU ACKNOWLEDGE THAT NIMBUS WEB, INC. HAS NO ASSOCIATION AND IS NOT ASSOCIATED TO/WITH YOUTUBE OR GOOGLE IN ANY WAY. NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN NIMBUS WEB, INC. AND YOUTUBE OR GOOGLE. YOU AGREE NOT TO HOLD YOURSELF OUT AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF NIMBUS WEB, INC., YOUTUBE OR GOOGLE AND NIMBUS WEB, INC. SHALL NOT BE LIABLE FOR ANY YOUR REPRESENTATION, ACT OR OMISSION.
