Terms & Conditions

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://nimblestack.io, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Nimblestack Inc. 

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Nimblestack Inc., and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. 

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website. The last update to our Terms of Service was posted on February 27, 2013.

Definitions
The terms "us" or "we" or "our" refers to Nimblestack Inc., the owner of the Website. 

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service. 

Our "Service" represents the collective functionality and features as offered through our Website and Software to our Members. 

A "User" is a collective identifier that refers to either a Visitor or a Member. 

A "Partner" is a business, service, and/or technology provider that provides service to or on behalf of Nimblestack Inc. 

The "Site" represents the webpages hosted at https://www.nimblechat.com only.

The "Company" represents Nimblestack Inc.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Nimblestack Inc. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Nimblestack Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in Deleware, USA, and shall be governed by and construed in accordance with the laws of Deleware, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Nimblestack Inc. under our Legal Terms shall survive the termination of our Legal Terms.

Payment Terms
If you order the Service, you agree to pay the then-current applicable Service fee listed on the Site at http://nimbleparse.com. Company may change the pricing for the Services (from time to time in its sole discretion) by updating the Site. In the event that Company changes the pricing for the Services, the fees payable to Company by you will increase or decrease in accordance with any such modification upon the date specified on the Site. Unless you and Company establish billing via direct invoice, Company will automatically bill the credit card you submitted when ordering the Service on the date the Service is activated, and each month thereafter, until you cancel the Service or the Service is otherwise terminated. All payments are non-refundable. You hereby authorize Company to bill your credit card as described above. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If non-payment is not remedied within seven (7) days after receiving such notice, then Company may terminate the Service. All other payments will be made in accordance with the payment schedule described in the applicable invoice. All amounts stated in this Agreement or on any invoice are in U.S. dollars, and all payments will be made in U.S. dollars. Amounts are due upon receipt of the invoice and payable within 15 days of the invoice date to an account specified by Company. Late payment fees may apply. All amounts are exclusive of applicable taxes, levies, customs or other duties, or fees imposed by any authorities resulting from your acquisitions under this Agreement. You will pay applicable sales, use, and other such taxes related to the services provided hereunder, (excluding any taxes imposed or based on Company‚Äôs income) or provide Company evidence of exemption from such taxes.

PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SERVICE OR THE PARTNER APPS
By using the Site, Service or any of the Nimblestack Inc. Partner Apps to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty one (21) years or visibly intoxicated; (B) that you are at least twenty one (21) years of age or older; (C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products; (Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S. (NYS, ABC Law Section 65-b.2(b)); (D) that sale and delivery of alcohol beverages and/or tobacco products to you is made by the participating merchant members and NOT Nimblestack Inc. or any of Nimblestack Inc. Partners; (E) that Nimblestack Inc. is a separate business and is not affiliated with any of the merchant members selling alcoholic beverages or tobacco; (F) that neither Nimblestack Inc. nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "Nimblestack Inc. Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof; and (G) that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless Nimblestack Inc. Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to: (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.

Warranties
NO WARRANTIES. NIMBLESTACK INC. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE WEBSITE. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU. 

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIMBLESTACK INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, ATTORNEY FEES AND COURT COSTS) ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NIMBLESTACK INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.