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Terms and Conditions of Use
Updated February 22, 2021

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SERVICE, APP OR SOFTWARE.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR HEALTH CARE PROVIDER.

By using any component of the Solution (as defined below), you (“user” or “you”)

  1. acknowledge that you have read and understand these Terms and Conditions of Use (together with the Privacy Policy, as defined below, the “Terms” or “Terms and Conditions”);
  2. represent that you are of legal age to enter into a binding agreement; and
  3. signify your assent and agreement to these Terms and Conditions.

It is your responsibility to read any revisions or modifications each time you visit or use the (a) Nymbl Science website (the “Website” or the “Site”) or (b) the Nymbl app, which includes Nymbl Science’s separately downloadable mobile applications (including Nymbl Pro, Nymbl Class, and Nymbl Training) (collectively, the “App”).

If you do not agree to all of these Terms and Conditions of Use, do not use the Solution and you are not authorized to access or use the Website, App, or Content in any manner.

Nymbl Science, Inc. (“Nymbl”) may revise and update these Terms and Conditions of Use and Privacy Policy at any time, as indicated by the “Updated” date. Your continued usage of the Solution means you accept those changes.

Solution Overview

To use the Solution, your insurance provider, health plan, or other entity coordinating wellness services for you (“Sponsoring Entity”) has provided you with access to the Solution. Nymbl is the provider of access to the Site and App, which may contain training, wellness and nutrition content, in addition to details related to our various products and service offerings. Nymbl 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 you may use via the Solution are collectively referred to as the “Services.”

The Solution Does Not Provide Medical Advice; Health Disclaimer

The Services (together with the other contents of the Site and App, such as text, graphics, images, information obtained from Nymbl’s licensors, and other material contained on the Site or available for download or use from the Site or the App, the “Content”) are for informational purposes only. The Site, App, Content, and Public Areas (defined below) are, both individually and collectively, referred to in these Terms as the “Solution.” The Solution 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, or in the Content. Any information and reports generated by Nymbl should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition. NYMBL WILL NOT BE DEEMED TO BE ENGAGED IN THE PRACTICE OF MEDICINE OR DISPENSING MEDICAL SERVICES.

If you think you may have a medical emergency, call your doctor or emergency medical phone number immediately. Nymbl does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on or in the Solution. Reliance on any information provided by Nymbl, Nymbl’s employees, others appearing on the Solution at the invitation of Nymbl, or other visitors to the Solution is solely at your own risk.

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 or in this Solution. Any text, pictures, video and description set forth on or in the Solution 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 Solution 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 Solution until and unless you consult with and are cleared by a medical doctor to participate.

The Solution is not designed 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.

Your Promises

You promise that:

  • You are at least the age of majority in your jurisdiction of residence.
  • You live in the United States or New Zealand.
  • You are able to agree to contracts and be legally bound by them.
  • You will be responsible for Your use of the Solution.
  • You will keep Your Solution account information, including Your user name and password or other credentials, secret, and not tell anyone what they are or let anyone else use them.
  • You will change Your password immediately to protect the privacy of Your information and the security of the Solution if You believe Your Solution account user name or password or other credentials are no longer secret.
  • You understand and agree that Nymbl is not responsible, and will not be liable, for Your use or misuse of the Solution. You are wholly responsible for any use of the Solution.
  • You understand that Nymbl cannot guarantee that any transmission made over the internet is fully secure, and will think carefully about the personal health information you share with Nymbl via the Solution.
  • You understand and agree that any links on the Solution to other websites or to products, services, or merchandise not controlled by Nymbl are offered by third parties. You also understand that any merchandise offered on the Solution is not manufactured or designed by Nymbl, and Nymbl is not responsible for the design or quality of the merchandise. You understand and agree that Nymbl does not control, endorse, or guarantee such information, products, services or merchandise. You are responsible for reviewing the terms and privacy policy for any websites and other applications and deciding whether to agree to them, and We encourage You to do so.
  • You agree that the Solution, or any component of the Solution will NOT be used:
    • In an illegal, inflammatory, defamatory, obscene, harmful, offensive, or hateful manner;
    • To promote violence, bigotry, hatred, physical harm of any kind, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
    • In a manner that violates any applicable laws, or infringes, violates, or otherwise misappropriates any intellectual property or other rights of another party (including any moral right, privacy right or right of publicity);
    • In a manner that encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
    • To threaten, abuse, bully, harass, abuse, embarrass, intentionally mislead, impersonate, alarm, defraud, or annoy another person or use the Solution in any way that is harmful to minors or targeted at minors;
    • To upload, post, comment, email, or otherwise transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or other commercial electronic message, “chain letters”, “pyramid schemes”, or “spam”;
    • To interfere with or disrupt networks or servers connected to the Solution or violate the regulations, policies or procedures of such networks;
    • To modify, reverse engineer, disassemble, overly-burden, impair, decompile, store, or otherwise interfere with any content, data, any portion of the Solution, or the software comprising or included in the Solution, for any reason, including for the purpose of competing with Nymbl and its affiliates or distributing content for a commercial use;
    • To collect, harvest, or scrape any personal information from the Solution or a related service, including email addresses, without the express consent of such users, use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology to access, copy or monitor any portion of the Solution or the information on the Solution, or use communication systems provided by the Solution for any commercial solicitation purpose;
    • To attempt to gain access to unauthorized content, including content that has not yet been made available to the public;
    • For the purpose of building a similar service or soliciting, for commercial purposes, any users of the Solution;
    • To use, download, or otherwise copy, or provide to any person or entity any Solution users directory or other user or usage information or any portion thereof other than in the context of your use of the Solution, or distribute any part of the Solution in any medium without Nymbl’s prior written authorization; or
    • Used in any other manner contrary to the nature and purpose of the Solution.

Solution Intended for Adults; Children’s Privacy

No one under 13 years old is permitted to use or access the Solution. We are committed to protecting the privacy of children. You should be aware that the Solution is 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. If you are under 13, do not use or provide any information to our Solution, use any of the interactive or public comment features of the Solution, or provide any information about yourself to us, including your name, address, telephone number, email address, screen name, or any other user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@stagingnymblscience.wpcomstaging.com.

Use of Content, Site, App, and Other Proprietary Material

Nymbl grants you a limited license to view the material, including but not limited to the Content, on the Solution solely for your personal, noncommercial use. You are not permitted to use, reverse engineer or otherwise exploit the Site beyond the grant of license. Any special rules for the use of certain software and other items accessible on the Solution may be included elsewhere within the Solution and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under United States law. Title to the Content remains with Nymbl 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 Nymbl. All rights not expressly granted herein are reserved to Nymbl 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 Solution. You may not 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 from the Solution.

The Nymbl’s name, logo and graphics file that represents the Solution shall not be used by you in any way to promote products developed with the Solution. The Nymbl 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 Nymbl Science, Inc.

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 Solution and Services in compliance with all applicable laws and not for any unlawful purpose.

Liability of Nymbl and Its Licensors

The use of the Solution is at your own risk.

When using the Solution, information will be transmitted over a medium that may be beyond the control and jurisdiction of Nymbl and its suppliers. Accordingly, Nymbl 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 Solution

THE SITE, APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NYMBL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NYMBL, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SOLUTION, OR THAT THE SOLUTION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NYMBL PROVIDES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY FOR ANY CONSEQUENCES ATTRIBUTABLE TO OR RELATED TO ANY USES, NONUSE, MISUSE, OR INTERPRETATION OF THE INFORMATION CONTAINED IN OR NOT CONTAINED IN THE SERVICE. NYMBL WILL NOT BE DEEMED TO BE ENGAGED IN THE PRACTICE OF MEDICINE OR DISPENSING MEDICAL SERVICES. NYMBL DOES NOT WARRANT THAT THE DATA CONTAINED IN THE SERVICE WILL BE ACCURATE, COMPLETE OR WITHOUT ERROR, OR THAT SUCH DATA WILL COMPLY WITH YOUR REQUIREMENTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SUBSCRIPTION SERVICE REMAINS WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYMBL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OR IN THE SOLUTION 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) ARISING OUT OF OR 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 NYMBL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SOLUTION ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NYMBL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OR IN THE SOLUTION ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ARISING OUT OF OR RESULTING FROM YOUR USE OR MISUSE OF THE SITE, THE APP, CONTENT, OR PUBLIC AREAS (AS DEFINED BELOW). NYMBL’S MAXIMUM LIABILITY ARISING OUT OF OR AS A RESULT OF THESE TERMS SHALL NOT EXCEED $5. 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.

Privacy Protection

You acknowledge that when you download or install the App or otherwise use the Solution, Nymbl may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Solution. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or Solution or certain of its features or functionality. Nymbl will share certain information with your Sponsoring Entity, including your enrollment and engagement status, along with certain details of your engagement with the App or Solution.

All information collected through or in connection with the Solution is subject to the Nymbl Privacy Policy, which is incorporated herein by reference and can be found online at http://www.nymblscience.com/privacy (“Privacy Policy”). By downloading, installing, using, or otherwise providing information to or through the Solution, you consent to the use of your personal information as described in the Nymbl Privacy Policy.

Digital Millennium Copyright Notice and Intellectual Property

Nymbl respects the rights of all copyright holders. If you believe your copyright has been infringed, you may notify Nymbl in writing at:

Nymbl Science, Inc
Attn: Legal Department
3513 Brighton Blvd, Ste 478
Denver, CO 80216
800-672-6854
support@stagingnymblscience.wpcomstaging.com

To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Nymbl has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders that are repeat infringers.

Enforcement of Terms

If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are subject to and do not alter any other agreements you have entered into with Nymbl.

Nymbl has the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

  • Immediate termination of your right to use the Solution. The termination may be temporary or permanent.
  • Immediate removal of any content posted by you to the Solution.
  • Issuance of a warning or other communication to you.
  • Legal proceedings against you, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of your violation of the Terms.
  • Other forms of legal proceedings against you.
  • Referral to law enforcement agencies for further action.
  • We will not be liable for any damages which you may suffer as a result of the foregoing actions.

Linking and Framing

You may place a link to the Site’s home page on another website, in a fair and legal manner, so long as the link does not adversely affect the reputation of Nymbl or the Site. The link may not suggest any endorsement or approval of the other website by Nymbl. You may not link to any page other than the home page of the Site. Framing of the Site on any other site is not permitted.

Indemnity

You agree to defend, indemnify, and hold Nymbl, 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 or misuse of the Solution, or your violation of these Terms and Conditions.

General

Nymbl is based in Denver, CO, United States of America.

The Solution is provided from the United States and New Zealand. The Solution is provided for access and use only by persons located in the United States and New Zealand only. You acknowledge that you may not be able to access some or all of the Solution from outside of the United States or New Zealand and that access thereto may not be legal by certain persons or in certain countries. If you access the Solution from outside the United States or New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you are located outside the United States or New Zealand, you acknowledge and agree that your data will be stored and processed in the United States and/or New Zealand, each which may have privacy laws that are less protective than the laws of the country in which you are located. By using the Solution, you consent to the processing of your data in the United States and/or New Zealand for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the Solution, and as permitted by law.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability of Nymbl and its Licensors, Privacy Protection, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Nymbl, or in any way relating to your use of the Nymbl Solution, 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 Nymbl 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.

Complete Agreement

These Terms and Conditions and the Nymbl Privacy Policy constitute the entire agreement between you and Nymbl with respect to the use of the Site, the App, and Content. Nymbl may modify the Terms at any time in its sole discretion, and you are required to accept the modifications to continue using the Solution. If the modified Terms are not acceptable to you, your only recourse is to cease using the Solution. Your use of the Solution constitutes acceptance of the Terms at the time of each use. Notwithstanding the foregoing, no revisions to the Terms will apply to any dispute between you and Nymbl that arose prior to the date of such revision. These Terms may only be modified in writing as set forth in this Section, and may not be modified orally.

Contact Us

Please also feel free to contact us if you have any questions about the Terms. You may contact us at support@stagingnymblscience.wpcomstaging.com or at our mailing address below:

Nymbl Science, Inc
3513 N Brighton Blvd, Ste 478
Denver, CO 80216

You acknowledge that it is not possible to guarantee that the transmission of information over the internet. Please think carefully about any information you share online, including through the Contact Us page, especially your protected health information and personal information. By sending protected health information through the Contact Us form, you are accepting the risks of insecure communications and transmission of information over the internet.

Thank you for your cooperation. We hope you find the Site and App helpful and convenient to use!