VANDAMME ASSOCIATES, INC.
TERMS AND CONDITIONS OF USE
TERMS OF AGREEMENT
Your use of this website (the “Website”), owned and operated by VanDamme Associates, Inc., a New York corporation doing business as NimbleUser (“NimbleUser”), as well as any and all content, information, products and services on or available through or from the Website, shall be governed by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).
Your use of the Website constitutes your acknowledgment of and agreement to be bound by these Terms and Conditions, and shall constitute a waiver of any right you may otherwise have had to object to these Terms and Conditions. As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS,
YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.
NimbleUser reserves the right to modify, amend, update and change the Website and/or these Terms and Conditions from time to time without notice to users of the Website. You are responsible for regularly viewing these Terms and Conditions. You agree that NimbleUser shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to the Website or these Terms and Conditions.
SITE CONTENT AND INFORMATION
The Website may include information that is inaccurate, incomplete, unreliable or outdated. NimbleUser does not make any representations or warranties with respect to the availability or accessibility of the Website, or the information contained on the Website, and does not guarantee that such information is complete, accurate, current or reliable. You agree that you bear all risks associated with your use of any content or information available at, from or through the Website, including any reliance on the accuracy, completeness or usefulness of such content or information, and NimbleUser hereby disclaims all liability for any information that is incomplete, inaccurate, unreliable or outdated. Any reference to or description within the Website of any third party products, services or publications shall not be deemed an endorsement of such products, services or publications.
You understand that by using the Website you may be exposed to information or other content that is offensive, indecent or objectionable to you. Under no circumstances will NimbleUser be liable in any way for any such content.
AUTHORIZED USE OF MATERIALS
The contents of the Website are intended solely for your personal, non-commercial use. You are authorized to view, copy and print the materials provided on the Website only for personal, informational and non-commercial use. You may not modify, reformat, display, transmit, publish, license, create derivative works from, reproduce, duplicate, copy, transfer, distribute, sell, resell or otherwise exploit for any commercial purposes any information, contents, software, products or services obtained from or made available through the Website. You may not modify or alter any of the contents, logos or graphics that appear on the Website. You hereby acknowledge and agree that, when you use the Website, you are not receiving a license or any other rights from NimbleUser, including any intellectual property or other proprietary rights of NimbleUser or any third party with which NimbleUser is affiliated. You understand that you have no rights to the Website, any content on the Website, or any other property of NimbleUser except as set forth in these Terms and Conditions.
You agree to provide true, accurate, current and complete information about yourself in connection with your use of the Website. In the event you provide any information which is untrue, inaccurate, not current or incomplete, or if NimbleUser has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, NimbleUser has the right to immediately suspend, terminate or restrict your use of the Website.
You agree not to use the Website (i) in violation of these Terms and Conditions, any applicable laws, or the rights of any other person; (ii) to impersonate or misrepresent a relationship with any person or entity, including without limitation a NimbleUser employee or officer, or to falsely state or otherwise misrepresent your identity or your affiliation with a person or entity; (iii) to manipulate the Website in any way, to interfere with or disrupt the Website, or any of the NimbleUser servers or networks, or disobey any requirements, procedures, policies or regulations of any network connected to the Website; or (iv) to interfere with or disrupt any other party's use and enjoyment of the Website.
NimbleUser reserves the right, in its sole discretion and for any reason whatsoever, to cancel, terminate, suspend or restrict, permanently or temporarily, your access to the Website, at any time and without prior notice. NimbleUser may also cancel, modify, suspend, terminate or otherwise change or eliminate any of the content or services it provides, without cause and without prior notice to you. You agree that NimbleUser shall not be liable to you or any third party for any cancellation, termination, suspension or restriction of your access to the Website, or for any change to or termination of the contents or services provided or made available at, from or through the Website.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS, LINKS OR OTHER ITEMS AND MATERIALS INCLUDED IN OR AVAILABLE AT, FROM OR THROUGH THE WEBSITE OR ANY OTHER SITE TO WHICH THE WEBSITE IS LINKED, DIRECTLY OR INDIRECTLY, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ALL SUCH CONTENTS AND INFORMATION MAY BE UPDATED OR CHANGED BY NIMBLEUSER AT ANY TIME WITHOUT PROVIDING PRIOR NOTICE OF SUCH INTENDED CHANGE. NIMBLEUSER RESERVES THE RIGHT TO UPDATE THE INFORMATION AND CONTENT CONTAINED IN THE WEBSITE, BUT IS UNDER NO OBLIGATION TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW, NIMBLEUSER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. NIMBLEUSER DOES NOTE WARRANT THAT THE WEBSITE WILL BE AVAILABLE WITHOUT INTERRUPTION, IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS. NIMBLEUSER DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS. NIMBLEUSER ASSUMES NO RESPONSIBILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS CONTAINED IN THE WEBSITE OR ANY THIRD PARTY SITE TO WHICH THE WEBSITE IS LINKED, DIRECTLY OR INDIRECTLY, OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE WEBSITE OR ANY THIRD PARTY SITE TO WHICH THE WEBSITE IS LINKED.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIMBLEUSER OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR RECORDS) ARISING OUT OF OR RELATED TO YOUR USE OR, INABILITY TO USE, OR ANY UNAUTHORIZED USE OR INADEQUATE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE, EVEN IF NIMBLEUSER HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
You agree to indemnify and hold NimbleUser, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by NimbleUser in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to (i) your use of the Website or any Third Party Site, (ii) your violation of these Terms and Conditions, or (iii) your violation of any rights of any third party.
All contents of the Website, including all screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that NimbleUser owns all rights, title and interest in and to the Website and all contents thereof. Except as expressly authorized by NimbleUser in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission, or publication of any intellectual property or proprietary information of NimbleUser is strictly prohibited.
All contents of the Website are Copyright © 1992-2012 by VanDamme Associates, Inc. “VanDamme” and “NimbleUser”, and all related logos, are trademarks of VanDamme Associates, Inc.
All rights not expressly granted herein are reserved.
Pursuant to the Digital Millennium Copyright Act of 1998, notification of claimed copyright infringement which complies with the requirements listed in 17 U.S.C. § 512(c)(3)(A) should be directed to NimbleUser’s registered copyright agent via mail, overnight courier service, facsimile, or email.
Notices to you may be made by NimbleUser by posting information on the Website or via email or regular mail in accordance with information you provide to NimbleUser. NimbleUser may (but is not obligated to) provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally on the Website.
GOVERNING LAW; JURISDICTION AND VENUE
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. Under no circumstances shall the laws of any other state be applied, even where such a result would be indicated by choice of law rules. By using the Website, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the Federal and state courts in Monroe County, New York regarding any action or proceeding relating to these Terms and Conditions or your use of the Website. Process in any such action or proceeding may be served on you anywhere in the world. You agree that the prevailing party in any such action or proceeding shall be entitled to recover the reasonable attorneys’ fees and costs incurred by such party in the course of prosecuting or defending any action or proceeding brought under these Terms and Conditions.
These Terms and Conditions shall constitute the sole agreement and understanding between you and NimbleUser regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and NimbleUser regarding the subject matter hereof, whether written or oral, are superseded by these Terms and Conditions. No agreement or other understanding purporting to modify these Terms and Conditions shall be binding upon NimbleUser unless otherwise agreed to by NimbleUser in writing. Any such permitted alterations to the Website or to these Terms and Conditions by NimbleUser shall become immediately effective on the date said changes first appear on the Website. The failure of NimbleUser to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
1100 Pittsford Victor Road
Pittsford, New York 14534, U.S.
Telephone: (585) 586-4750