Welcome to the Nimbus Data Systems, Inc. ("Nimbus") site on the World Wide Web (the "Site"). Please review the following basic rules that govern your use of our Site. Please note that your use of our Site is subject to the following terms ("Terms").
BY USING THIS SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DISCONTINUE THE REGISTRATION PROCESS, AND DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.
Use of Copyrighted Contents/Trademarks
Copyright © 2013 Nimbus Data Systems, Inc. All rights reserved.
The text, graphics and icons on the Site ("Contents") are copyrighted materials owned by or licensed to Nimbus. The Contents include trademarks, service marks and trade names which are owned by Nimbus and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.
Nimbus and the Nimbus logo are trademarks of Nimbus Data Systems, Inc.
Sustainable Storage is a registered trademark of Nimbus Data Systems, Inc.
Other products, logos, and company names mentioned herein may be trademarks and/or service marks of their respective owners.
Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Contents solely for your personal and/or internal business use and not for resale or further distribution, subject to the following conditions:
1. The Contents may be used for the purposes of obtaining information, and purchasing the products offered for sale or available to be licensed through this Site, subject to the applicable terms and conditions for each such sale or license;
2. Any copy of the Contents or portion thereof must include the above copyright notice.
3. Nimbus reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon written notice from Nimbus.
No other permission is granted to you to print, copy, store, display in public, alter or modify the Contents. No permission is granted to use Nimbus's icons, site address, or other means to hyperlink other Internet sites with any page in this Site. You agree not to "frame" or "mirror" any of the Contents contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Nimbus or its licensors, as applicable.
Any product, process or technology described in the Contents or offered for sale through the Site may be subject to other intellectual property rights reserved by Nimbus, its affiliates, or third parties. Nothing contained in this Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Nimbus, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the products, processes or technologies described in the Contents or offered for sale through the Site are expressly reserved to Nimbus, its affiliates, and/or any third party, as applicable.
Use of the Contents for any unauthorized purpose may result in severe criminal and civil penalties. Violators will be prosecuted to the maximum extent under the law.
Use of Documents
You are authorized to view, download, cache, copy and print documents on the Site (including, but not limited to, data sheets, white papers, press releases, and other publications) ("Documents") subject to the Contents restrictions and the restrictions set forth below:
1. The Documents may not be copied or posted on any network computer or broadcast in any media.
2. The Documents may not be modified or changed in any manner.
Use of the Documents for any unauthorized purpose may result in severe criminal and civil penalties. Violators will be prosecuted to the maximum extent possible under the law. Information is subject to change without notice. Please contact Nimbus for the most up-to-date information.
Any software ("Software") that is made available for download from the Site is copyrighted material owned or licensed to Nimbus and/or its suppliers. Use of the Software is governed by the terms and conditions of the end user license agreement, if any, which applies to, is accompanied by, and/or is included with the Software ("License Agreement"). An end user will be unable to install any Software unless the end user agrees to the terms and conditions of the applicable License Agreement.
The Software is made available for downloading solely for use by end users according to the terms and conditions of the License Agreement. Any reproduction or redistribution of the Software in violation of the License Agreement may result in severe criminal and civil penalties. Violators will be prosecuted to the maximum extent possible under the law.
THE SOFTWARE IS NOT WARRANTED UNLESS EXPRESSLY PROVIDED UNDER THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT ACCOMPANIED BY OR INCLUDED WITH THE SOFTWARE.
Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase of goods and/or services, or participate in promotions of advertisers or members or sponsors offering their goods and/or services on the Site. Unless otherwise stated in the Nimbus Terms and Conditions of Sale, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Nimbus has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet that are not affiliated with, under the control of or otherwise maintained by Nimbus. Such links do not constitute an endorsement by Nimbus of those sites. You acknowledge that Nimbus is providing these links to you only as a convenience, and further agree that Nimbus does not endorse and is not responsible for the content of such sites.
Password Restricted Areas of the Site
Certain areas of the Site are password restricted to authorized users ("Restricted Areas"). If you have registered as an authorized user to gain access to the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password (or your employees' passwords and account information, if applicable), and agree to notify Nimbus if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Nimbus of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
You acknowledge that you are responsible for the information and material that you submit to the Site in the form of chat rooms, threaded discussions, uploads, bulletin board postings or otherwise (each a "Submission"), and that you, and not Nimbus, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to hold Nimbus entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Nimbus in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Comments and Feedback
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. By communicating with Nimbus, you acknowledge that all information contained in any Submission from you or under your account shall be deemed to be non-confidential. Nimbus shall have no obligation of any kind with respect to any such information in a Submission, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgment may only be changed by written agreement of Nimbus. Further, Nimbus shall be free to use any ideas, concepts, know-how or techniques contained in any such Submission for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products incorporating such information, and in the development or creation of any intellectual property associated therewith.
Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENTS, DOCUMENTS, SOFTWARE AND ANY OTHER INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NIMBUS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THIS SITE. ALL PRODUCTS SOLD THROUGH THIS SITE ARE SUBJECT TO ALL OF NIMBUS' TERMS AND CONDITIONS OF SALE INCLUDING ALL WARRANTIES, DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES.
NIMBUS DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
ALTHOUGH NIMBUS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMBUS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF NIMBUS HAS BEEN ADVISED OF THE POTEBILITY OF SUCH DAMAGES.
Nimbus controls and operates this Site from its headquarters in the United States of America and makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Contents.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Nimbus does not generally monitor your data or transmissions. However, in Nimbus's efforts to promote good citizenship within the Internet community, if Nimbus becomes aware of inappropriate use of the Site or any Nimbus product or service, Nimbus will respond accordingly. You acknowledge that Nimbus will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Nimbus will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, Nimbus reserves the right to terminate service to you without notice. Nimbus's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by Nimbus in its sole discretion, will result in immediate termination of service. In the event that your account is temporarily deactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by Nimbus. You understand that Nimbus has the right to terminate any account for any reason that Nimbus interprets as an abuse of the account. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.
You agree that Nimbus and its licensors may make improvements and/or changes in the products, services, programs, and prices described in this Site, if any, at any time without notice and without liability to you of any kind, and further agree that Nimbus can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Santa Clara County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Nimbus to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nimbus in writing. The Terms comprise the entire agreement between you and Nimbus and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Nimbus Data Systems, Inc.
701 Gateway Blvd, Suite 100
South San Francisco, CA 94080
Phone: (415) 887-7625