Privacy

Your privacy is important to us. Our Privacy Policy makes important disclosures about how Nimblewire may collect and use your content and information. Please read the Privacy Policy to make informed decisions.

Account Registration

We require Nimblewire users to provide their real names and information. To help support this requirement, you agree to comply with the following when registering and maintaining your account on Nimblewire.

Termination

If you violate these Terms, or otherwise create possible legal exposure for Nimblewire or any of our customers or users, we reserve the right to stop providing Nimblewire access to you. While we will try to notify you by email before we suspend your account, you acknowledge that we are not required to do so.

You agree to resolve any claim, cause of action or dispute ("claim") you have with Nimblewire arising out of or relating to these Terms or use of Nimblewire exclusively in a state or federal court located in Salt Lake County Utah. The laws of the State of Utah will govern these Terms, as well as any claim that might bring against us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Salt Lake County, Utah for the purposes of litigating all such claims.

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claims brought against us arising out of your actions in using Nimblewire.

WHILE WE TRY TO KEEP NIMBLEWIRE RUNNING, DEFECT-FREE, AND SAFE, WE CAN'T AND DON'T GUARANTEE YOUR USE OF IT. YOU USE IT AT YOUR OWN RISK. WE PROVIDE NIMBLEWIRE TO YOU "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NIMBLEWIRE WILL BE SAFE, SECURE OR AVAILABLE. NIMBLEWIRE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE ARE NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF NIMBLEWIRE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS, OUR PRIVACY POLICY OR YOUR USE OF NIMBLEWIRE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Your Account Information & Content Provided to Nimblewire Enterprise Customers

You own all of the account information you provide to Nimblewire through the standard Nimblewire console. The Nimblewire console is the part of Nimblewire that you see when you log into Nimblewire through Nimblewire's main login page. We give you tools to help maintain the privacy and security of the information you provide in the Nimblewire console.

You can share your Nimblewire information and provide additional personal information to applications that run on the Nimblewire cloud. Bear in mind as you do, we do not own or manage the applications that you interact with through the Nimblewire cloud, and while we try to enforce standards to protect your information through appropriate agreements (see for example our Enterprise Profile Agreement), we cannot guarantee that our enterprise customers will follow their agreements with us or our rules.

You are responsible for evaluating whether you want to use an application and whether you want to share information with it. You should review the terms of use and privacy policy of an application before using it to determine if you want the owner of that application to have access to your information or use your information.

You can report any suspected misuse of the Nimblewire cloud to us, and we will investigate the claim and take appropriate action.

Safety

We do our best to keep Nimblewire safe, but we cannot guarantee it. To help us keep it safe, we require that you comply with the following commitments:

• Do not send or otherwise post spam on Nimblewire.
• Unless through an authorized application running on Nimblewire, do not collect user content or information and do not try to use any automated means (such as harvesting bots, robots, spiders, or scrapers) to gain access to Nimblewire or any part of it without our permission.
• Do not use Nimblewire for any unlawful activity, including the distribution of illegal data, the violation of copyright, or the distribution of any viruses or other malicious code.
• Do not solicit login information or access an account belonging to someone else.
• Do not use Nimblewire to do anything unlawful, misleading, malicious, or discriminatory.
• Do not do anything to disable, overburden, or impair the use ordinary can customary use of Nimblewire, such as a denial of service attack.
• Do not facilitate or encourage any violations of these Terms.