Terms of Use
THIS FOLLOWING TERMS OF USE (THE “TERMS OF USE”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR OF THIS WEBSITE (HEREAFTER, “Nimble,” “WE,” “US” OR “OUR”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE AND ACCESS TO NIMBLE AND NIMBLEMOVERS.COM. THE TERMS APPLY TO ALL USERS OF THE WEBSITE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE, OR THOSE WHO REGISTER AN ACCOUNT. BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE OR SERVICE.
1. Access and Compliance
By accessing the Website, you agree to be bound by the Terms of Use, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that Nimble may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of modifications. Continued access or use of the site shall be deemed conclusive evidence of your acceptance of the modified agreement.
2. Disclaimers
a. Nimble is a platform that facilitates the listing and connecting of Nimble movement “Instructors” with classes/session/appointments “Services”. We make our Services available as an online marketplace for individuals and/or their family or children (“Clients”) who would like to connect and book Services with Instructors who choose to offer them. NIMBLE IS NOT AN AGENCY. We do not employ Instructors. Our responsibilities are limited to facilitating the availability of the Services.
b. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE INSTRUCTORS AND CLIENTS CONNECTING AND BOOKING APPOINTMENTS DIRECTLY WITH EACH OTHER, AND YOU AGREE THAT Nimble HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPOINTMENT MADE THROUGH THE SERVICES OR TO ANY SERVICE PROVIDED BY INSTRUCTORS OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF USE. NIMBLE CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY APPOINTMENTS. NIMBLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APPOINTMENTS. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND CLIENTS MUST SATISFY THEMSELVES WITH ANY INSTRUCTOR’S CREDENTIALS.
c. INSTRUCTORS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF NIMBLE. NIMBLE DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE SERVICE PROVIDED FOR CLIENTS AND DOES NOT EMPLOY INSTRUCTORS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT NIMBLE DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR AN INSTRUCTORS CLASS OR APPOINTMENTS BUT MAY MONITOR BOOKINGS MADE THROUGH THE SERVICES.
d. Nimble strongly recommends that, if any user is introduced to an individual who may be a suitable instructor, said user should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires or tests at the Website are based solely upon information submitted by other individuals or users of the Website and Nimble make no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
f. Although Nimble attempts to maintain the integrity and accuracy of the information on the Website, Nimble provides any services on an “as is” basis and makes no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform Nimble by contacting us via information provided at the “Contact Us” link. Nimble specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, Nimble does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. Nimble disclaims liability for, and no warranty is made with respect to, connectivity and availability.
g. Instructors and Clients are solely responsible for their interactions with each other, and any other parties with whom such user interacts, whether online through the Website or offline; provided, however, that Nimble reserves the right, but has no obligation, to intercede in disputes. Instructors and Clients agree that Nimble will not be responsible for any liability incurred as the result of such interactions.
YOU UNDERSTAND THAT NIMBLE DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN OR EVALUATE USERS OF THE WEBSITE IN ANY WAY. Nimble ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. NIMBLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. NIMBLE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS).
h. YOU ACKNOWLEDGE AND AGREE THAT NIMBLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NIMBLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. NIMBLE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NIMBLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SERVICES. YOU UNDERSTAND THAT NIMBLE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES. Nimble DOES NOT GUARANTEE OR WARRANT ANY INSTRUCTOR’S PERFORMANCE ON THE JOB OR OUTCOME OR QUALITY PROVIDED.
(9) All bookings made and processed through Nimble may be subject to a booking fee at the then current rates, which will be discussed or displayed to Client prior to completing a transaction. In the event a Client cancels a booking within twenty-four (24) hours prior to the start of the booking, or after the booking has already begun, the Client agrees to pay the appropriate booking fee that was displayed at the time the booking was made, in addition to any cancellation fees that may be assessed up to a maximum of $20.
6. Payment
Nimble uses one of the third party platforms, VENMO (https://venmo.com/) or Paypal (https://www.paypal.com/), to process credit and debit card transactions for your Nimble account. By using Nimble, agreeing to Nimble’s Terms of Use, and offering or purchasing Services, you are also agreeing to be bound by VENMO’s or PAYPAL’s Terms of Service.
You expressly understand and agree that VENMO or PAYPAL handles all payments or monetary transactions that occur through your use of the Website or Service. You expressly understand and agree that Nimble shall not be liable for any payments or monetary transactions that occur through your use of the Website or Service. You also agree that Nimble shall not be liable for any issues regarding any monetary transactions between you and any other third party, including VENMO and PAYPAL.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or VENMO/PAYPAL. Nimble is not liable for loss or damage from errant or invalid transactions processed with your VENMO/PAYPAL account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You understand and agree to not hold Nimble liable for any adverse effects to your VENMO/PAYPAL account and/or your Nimble account as result of any actions or inactions on the part of VENMO/PAYPAL. You must not process stolen credit cards, or unauthorized credit cards through VENMO/PAYPAL and/or your Nimble account.
NIMBLE DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE WEBSITE IN ANY WAY. IN NO EVENT WILL NIMBLE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF NIMBLE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NIMBLE FOR USE OF THE WEBSITE DURING THE TERM OF YOUR INVOLVEMENT. NIMBLE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE WEBSITE, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE WEBSITE. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.
COVID-19 Safety Measures. Without limiting the requirements and responsibilities set forth above, all recipients acknowledge and agree that the obligations under these Terms include a user’s responsibility for taking all appropriate health, safety and hygiene measures to protect yourself and any users with whom you interact from the spread or potential spread of infectious diseases or conditions, or any other unhealthy, unsafe, or unsanitary conditions. Nimble cannot, and does not, guarantee any services or conditions or take any responsibility or liability for (a) a user’s failure to provide safe, healthy, and sanitary services or accommodations for the services, (b) unsafe, unhealthy, or unsanitary conditions or (c) any spread or potential spread of infectious diseases or conditions or any other unhealthy, unsafe, or unsanitary conditions resulting from use of the Services in any manner.
10. Assumption of Risk
You assume all risks when using the Website and Services, including but not limited to all risks associated with interacting with Users of the Website whether it be online or offline. You agree to take all necessary precautions when interacting with other Users of the Website, whether it be online or offline, including satisfying yourself with any Instructor’s credentials, drivers records, insurance policies, employment history, and/or permits sufficient to protect you or your child. Nimble’s services are limited to facilitating the availability of the Services.
11. Indemnification
You agree to indemnify, defend and hold harmless Nimble its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to Nimble, arising out of or relating to your Material; your use of, or inability to use, the Website; any violation of these Terms of Use by you or any other person accessing the Website on your behalf; your violation of any rights of another party, including any users; your interactions with other users; and your violation of any applicable laws, rules or regulations. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. Release
If you have a dispute with one or more of the other users of the Website, you release Nimble (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
13. Conflicts
Shall a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Website, the specific terms relevant that section shall prevail.
14. Severability
Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.
The Terms of Use, together with any agreements or understandings presented upon registration or booking, represent the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Nimble reserves the right to change these Terms of Use or policies relating to the Services at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Services after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
If you have any questions regarding these terms or wish to contact us for any matter:
Email: nimblemovement20@gmail.com