Terms and Conditions of Use
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SERVICE OR THIS SOFTWARE.
By using this site or any related application, you signify your assent and agreement to these Terms and Conditions. It is your responsibility to apprise yourself of any revisions or modifications each time you visit or use the Nymbl Science website (the “Website” or the “Site”) or the Nymbl app (the “App”). If you do not agree to all of these Terms and Conditions of Use, do not use this site or the app and you are not authorized to access or use the Website or App in any manner.
Nymbl Science, Inc. and Balance 4 Good, Ltd, dba Nymbl Science (“Company”) may revise and update these Terms and Conditions of Use at any time. Your continued usage of the Website and/or App will mean you accept those changes.
Company is the provider of access to the Site and App, which may contain training, wellness and nutrition advice in addition to details related to our various products and service offerings. Company has created the Site and App to provide users with online or application based access to this information and certain products and services. The products, services, features, downloads, instructional videos and information that a user may avail himself/herself of via the Site or the App are collectively referred to as the “Services.”
The Site and the App Do Not Provide Medical Advice; Health Disclaimer
The Services and the other contents of the Site and App, such as text, graphics, images, information obtained from Company’s licensors, and other material contained on the Site or available for download or use from the Site or the App (collectively the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or App.
If you think you may have a medical emergency, call your doctor or emergency medical phone number immediately. Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site or App. Reliance on any information provided by Company, Company’s employees, others appearing on the Site or App at the invitation of Company, or other visitors to the Site or App is solely at your own risk.
The Site or App may provide sports training, wellness, physical training, fitness, nutrition and other related information, applications, and content, all of which is intended only to assist users in their personal training, wellness, physical fitness, nutrition and sports efforts. Nothing contained in this Site or the App should be construed as medical advice or a medical diagnosis. Any information and reports generated by Company should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.
The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Site or the App. Any text, pictures, video and description set forth in the Site or the App is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does NOT advise that you or any other particular Site or App user undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this Site or the App until and unless you consult with and are cleared by a medical doctor in relation to such participation.
The Site and App are not intended for use by minors, pregnant women, or individuals with any type of health condition and/or health problem. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, testing or exercise regimen.
Site Intended for Adults; Children’s Privacy
Unless you have express permission from your parent(s) and/or guardian, you must be 18 years old or older to access, purchase from, or otherwise use any Content via the Site or App. No one under 13 years old is permitted to use or access the Site or App. We are committed to protecting the privacy of children. You should be aware that the Site and App are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Company authorizes you to view the material on the Site or App solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the Site or App may be included elsewhere within the Site or App and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United Kingdom, United States, and foreign laws. Title to the Content remains with Company or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Company. All rights not expressly granted herein are reserved to Company and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
This Site and App contain copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Nymbl Balance Index Test, or anything else on the Site or App. Nor can you create any derivative works or other works that are based upon or derived from the Nymbl Balance System in whole or in part, or from anything else on the Site or App.
The Company’s name, logo and graphics file that represents the Site or App shall not be used in any way to promote products developed with the Site or App. The Company retains sole and exclusive ownership of all right, title and interest in and to Nymbl Balance System and all Intellectual Property rights relating thereto.
The Nymbl Balance System is covered by patents which are pending in the USPTO. “Nymbl” and the Nymbl logo are trademarks of Balance 4 Good, Ltd.
The Site, App, and the Content shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. You shall use the Site and App in compliance with all applicable laws and not for any unlawful purpose.
Liability of Company and Its Licensors
The use of the Company Site, App, or the Content is at your own risk.
When using the Site or App, information will be transmitted over a medium that may be beyond the control and jurisdiction of Company and its suppliers. Accordingly, Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or App.
The Site, App and the Content are provided on an “as is” basis. COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Company, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, downloads or communications provided on or through the use of the Site or the App.
In no event shall Company, its licensors, its suppliers, or any third parties mentioned on the Site or App be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site, the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company, its licensors, its suppliers, or any third parties mentioned on the Site or App are advised of the possibility of such damages. Company, its licensors, its suppliers, or any third parties mentioned on the Site or App are not liable for any personal injury, including death, caused by your use or misuse of the Site, the App, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, the App, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The Site and App may contain functionality (including blogs, message boards, etc.) that allows users to upload content to the Site or App (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Company by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party or that contain protected health information. If you submit any information, idea, concept or invention to Company by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Company by email, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted -Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Company by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or App, or your violation of these Terms and Conditions.
Company is based in Denver, CO, United States and London, United Kingdom. Company makes no claims that Services and the Content are appropriate or may be downloaded outside of the United States or United Kingdom. Access to the Content may not be legal by certain persons or in certain countries. If you access the Company site from outside the United States or United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Company Site or App or Services, resides in the courts of Colorado, USA, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Colorado, USA in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the state of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Thank you for your cooperation. We hope you find the Site and App helpful and convenient to use!