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Terms & Conditions

Terms of Use
Last Updated: September 5, 2022

These Terms of Use (the "Terms") govern your access to and use of the Nimbus Group Global websites, including the main site at www.nimbusgroupglobal.com, along with all subdomains and associated websites. This also applies to our mobile platforms, social media services, and applications (collectively referred to as "the Site").

By accessing or using the Site, you confirm your agreement to abide by and be bound by these Terms. Please note that some areas of the Site (such as password-protected areas) may be subject to additional terms or guidelines specific to those areas, which will apply alongside these Terms. Nimbus reserves the right to update or modify these Terms and related policies at any time without prior notice. The most up-to-date version of the Terms can be reviewed by clicking on the "Terms of Use" hyperlink found at the bottom of the Site's web pages, such as those on nimbusgroupglobal.com.

General Use of the Site

Through the Site, you are granted access to various resources and content, which include:

  1. Software and Software-as-a-Service Offerings (referred to as "Software");

  2. Materials such as web pages, developer tools, user interfaces, data, messages, text, images, photographs, graphics, audio, video, and documents like press releases, case studies, and product documentation; and

  3. Community Services such as forums, discussion groups, chat areas, blogs, knowledge bases, and other services (collectively, "Community Services") through which you can upload, download, share, post, publish, transmit, or otherwise make available content you submit ("User Content").

Together, Software, Materials, Community Services, and other resources provided on or through the Site are referred to as "Content."

The Site and its Content are either owned, controlled, or licensed by Nimbus and are protected by trade dress, copyright, patent, trademark laws, and other intellectual property rights. Nimbus retains all rights, title, and interest not expressly granted to you in connection with the Site and its Content.

Unless explicitly stated otherwise, the Content is for your personal, non-commercial use only. Except as expressly allowed by these Terms, no part of the Site or its Content may be modified, copied, reproduced, republished, downloaded, posted, displayed, encoded, transmitted, or otherwise distributed in any way (including by mirroring) to any other computer, server, website, or media for publication, distribution, or commercial purposes.

By using the Site and its Content, you agree not to use the Site or its Content for any unlawful or prohibited activities under these Terms. Specifically, you may not:

  1. Use the Site or Content in a manner that could damage, disable, overburden, or impair Nimbus' servers or networks, or interfere with others’ ability to use the Site or its Content;

  2. Attempt unauthorized access to the Site, Content, other accounts, or networks connected to Nimbus servers via hacking, password mining, or other illegal means;

  3. Attempt to obtain or access any materials or information through methods not intentionally made available on the Site; or

  4. Remove, deface, or alter any copyright, trademark, logo, or other ownership notices found on Content you access through the Site.

Software Use

The use of Software available on the Site is subject to the terms of any accompanying agreements (such as license agreements, user agreements, or subscription agreements) related to the Software ("Software Terms"). If Software is made available without specific Software Terms, you may use the Software in accordance with these Terms, provided that you do not modify, alter, or redistribute the Software.

For U.S. Government end users, the Software and documentation are classified as "Commercial Items" as defined under applicable federal regulations. The Software and documentation are licensed as Commercial Items, and only the rights granted to general end users apply. All other rights are reserved under U.S. copyright laws.

Material Use

You may download, store, display, view, play, or print Materials made available on the Site, provided that you do not remove any proprietary notice language, modify the Materials, or redistribute the Materials without Nimbus' prior written consent.

Community Services Use

Community Services are provided for user convenience, and Nimbus is not obligated to provide technical support for these services or to participate in them. These services may include information about Nimbus products and services, including input from Nimbus employees, but they are not an official customer support channel. You may use the Community Services as long as you do not redistribute User Content shared via these services or collect personal data about other users unless expressly authorized by Nimbus.

If any User Content is provided in the Community Services by a named Nimbus employee, unless specified otherwise, the opinions expressed are those of the author and not those of Nimbus or its management.

User Content

You agree that you will only share User Content on the Site that you have the legal right and authority to share, and for which you are granting Nimbus the licenses and rights outlined in these Terms. By submitting User Content, you grant Nimbus a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, edit, modify, adapt, translate, publish, display, broadcast, transmit, and distribute the User Content, in whole or in part, across any medium, platform, or technology now known or later developed. This includes the right to prepare derivative works and incorporate or implement ideas, suggestions, or proposals related to Nimbus products and services into Nimbus' content, products, or services without attribution or compensation.

You represent that:

  1. You have the right to grant Nimbus the license to use the User Content;

  2. Your User Content does not violate any third-party rights;

  3. You have waived all moral rights in the User Content to the fullest extent allowed by law; and

  4. The User Content you share is truthful, accurate, and complies with these Terms.

You agree not to share any User Content that:

  • Is misleading, defamatory, vulgar, obscene, offensive, or violates any intellectual property rights;

  • Harasses or threatens others or violates privacy rights;

  • Promotes illegal activities or contains viruses, Trojan horses, or other harmful components;

  • Falsely represents your affiliation with Nimbus or any third party; or

  • Is for commercial purposes such as surveys, contests, or spam.

Nimbus does not support or endorse any User Content shared by other users, nor does it take responsibility for any opinions or recommendations made therein. We reserve the right to disclose information as necessary to comply with legal requirements or to edit or remove any User Content, in whole or part, at our discretion.

Monitoring

Although we have no obligation to monitor the Site or User Content, we reserve the right to monitor and update the Site, remove or edit User Content, or suspend or terminate access to the Site without prior notice at our sole discretion.

Access, Accounts, Password, and Security

You must be of legal age and have the legal capacity to use the Site. Registration is not required to access public areas of the Site, but some features or services may require registration or the creation of an account. You must provide accurate information during the registration process and maintain the confidentiality of your account information, including your password. You are responsible for all activities that occur under your account, and you agree to notify us immediately if you become aware of any unauthorized use of your account.

Creating an account for the Nimbus Community gives you consent to receive communications about Nimbus Customer Care services, such as surveys, webinars, and invitations. You may terminate your Nimbus Community account by contacting info@nimbusgroupglobal.com.

Privacy

Nimbus' Privacy Policy governs the use of personal data collected on the Site. By using the Site, you consent to the collection, use, and protection of your data as outlined in the Privacy Policy.

Links to Other Websites

The Site may contain links to third-party websites. These links are provided for your convenience, but Nimbus is not responsible for the content or privacy practices of these sites. You should review the privacy policies and terms of use of any third-party sites you visit.

Products and Services

Nimbus' obligations regarding products and services are governed solely by the applicable purchase agreements. Information on the Site does not supersede these agreements, and not all products or services may be available in your region. For more information, please contact your local Nimbus sales representative.

Procedure for Making Claims of Copyright Infringement

If you believe that your copyright has been infringed, please follow the procedure outlined for submitting a claim, including providing detailed information about the infringement. Nimbus' Copyright Agent is listed for further action.

Suggestions and Feedback

If you submit ideas or feedback regarding Nimbus products, technologies, or services, you acknowledge that these submissions are voluntary and can be used by Nimbus without compensation or further obligation.

Trademarks

The trademarks, logos, and service marks displayed on the Site are the property of Nimbus or third parties. You may not use these marks without prior written consent.

Termination of Use

Nimbus reserves the right to modify, suspend, or terminate access to the Site at any time. We are not liable for any interruption of service or loss of User Content.

Disclaimers

The Site and its content are provided "as-is" and "as-available." Nimbus makes no warranties regarding the availability, accuracy, or error-free operation of the Site or its content. You use the Site at your own risk.

Limitation of Liability

Nimbus will not be liable for any damages resulting from your use of the Site or Content, including indirect, consequential, or punitive damages. You are responsible for maintaining the protection and backup of your data and equipment.

Indemnity

You agree to indemnify and hold Nimbus harmless from any claims or losses resulting from your use of the Site, the User Content you share, or your violation of these Terms.

Export Control

Nimbus controls and operates the Site from the U.S. You agree not to use, export, or re-export the Content in violation of applicable laws, including U.S. export laws.

Governing Law

These Terms are governed by Massachusetts law. Disputes related to these Terms must be brought in Massachusetts courts.

Miscellaneous

These Terms constitute the entire agreement between you and Nimbus regarding your use of the Site and its Content. If any part of these Terms is found to be invalid, the rest will remain in full force and effect.

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