This return policy and terms of sale (“Terms of Sale”) applies to all orders accepted by NIMB Inc. or any of its subsidiaries and affiliated entities (“NIMB”) for the sale of its NIMB devices (“Products”). To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms of Sale, apply only to the extent the Products consist of items other than Software. Services associated with Products may be sold under terms of sale other that these Terms of Sale as designated by NIMB such as, but not limited to, NIMB’s Terms of Service.RETURN POLICY
By placing an order through the NIMB Store, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes (including any customs duties). You agree that all Products purchased by you are for personal or gift use and not for commercial use of any kind.
NIMB can withdraw Products from the NIMB Store at any time and for any reason. Prices listed through the NIMB Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes (including any customs duties), which charges and taxes will be communicated to you at the time you place an order, and you are solely responsible for paying such charges and taxes to NIMB (provided that NIMB may offer free or reduced cost shipping from time to time on a promotional basis or otherwise, all in NIMB’s sole discretion). You agree to indemnify and hold NIMB harmless from and against any liabilities, interest, penalties or fees assessed against NIMB arising from your failure to pay any such charges or taxes. All Product prices are subject to change at any time.
ACCEPTANCE AND FULFILLMENT
All orders are subject to acceptance by NIMB. After you place an order, you will receive an email from NIMB confirming that NIMB has received it. Acceptance of your order will occur upon your receipt of another email from NIMB containing a shipping confirmation number, tracking number and carrier information. If an order is on back order, we’ll send you an email indicating that this is the case, followed by another email when the Products in question are in stock containing the shipping confirmation number, the tracking number and carrier information. NIMB reserves the right not to accept your order for any reason or no reason. NIMB reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
Purchases made through the NIMB Store are intended for end users only, and are not authorized for resale. Please contact firstname.lastname@example.org if you are interested in potential resales of Products.
SHIPPING AND DELIVERY
NIMB will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon NIMB’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. NIMB will make reasonable efforts to meet the scheduled shipment dates, but in no event will NIMB be responsible in any manner for any loss, damage, penalty or any other liability of any kind resulting from any delay in shipment or delivery.
LIMITED PRODUCT WARRANTY
NIMB warrants to the original purchaser that the Products shall be free from defects in materials and workmanship in accordance with the NIMB Limited Warranty relating to such Product. The NIMB Limited Warranty, including the limitations or liability therein, and all other provisions thereof, is incorporated herein by reference. You should note that the NIMB Limited Warranty includes an Agreement to Arbitrate that is also incorporated herein by reference and you specifically agree to the provisions thereof as part of these Terms of Sale. Please read the NIMB Limited Warranty posted at www.nimb.com
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund either during or after the 30-day refund policy identified above.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL NIMB BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF SALE OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT NIMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NIMB AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SALE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NIMB’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF SALE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO NIMB BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
NIMB grants to you a nonexclusive, nontransferable license to use a copy of the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of NIMB, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. NIMB reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that any dispute between you and NIMB arising out of or relating to these Terms of Sale, or any other NIMB products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined in the NIMB Limited Warranty, which procedure is incorporated herein by reference.
As provided in the NIMB Limited Warranty, these Terms of Sale and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles.
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer these Terms of Sale, or any order accepted by NIMB hereunder, in whole or in part, by operation of law or otherwise, without NIMB’s express prior written consent. Any attempt to do so, without NIMB’s consent, will be null and of no effect. NIMB may freely assign or transfer these Terms of Sale without restriction. Subject to the foregoing, these Terms of Sale will bind and inure to the benefit of the parties, their successors and permitted assigns.
NIMB will not be responsible for any failure or delay in its performance under these Terms of Sale due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by NIMB to enforce any provision of these Terms of Sale will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms of Sale invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Sale will remain in full force and effect.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.
All notices required or permitted to be given under these Terms of Sale will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service, and (iv) when received by electronic communication if you elect to receive notice from NIMB by electronic communication. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
Except as expressly set forth in these Terms of Sale, the exercise by either party of any of its remedies under these Terms of Sale will be without prejudice to its other remedies under these Terms of Sale or otherwise.
PLEASE NOTE THAT THESE TERMS OF SALE MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY NIMB IN ITS SOLE DISCTRETION SO YOU ARE ADVISED TO REVIEW THESE TERMS OF SALE PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY PURCHASES OF PRODUCTS YOU MAKE ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: June 20, 2016 (subject to changes)