Please read the following Terms carefully. Your use of the Services constitutes your agreement to be bound by all terms.
By checking the “I Agree” box for Nimbus’s Terms, you’re agreeing to all Terms as included below and that such action constitutes your legal signature and acceptance. No waiver by Nimbus of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nimbus to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This Agreement is divided into two parts. The first part explains all of the terms that govern your use of the Services and Site. The second part contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services. You understand that by checking the “I Agree” for these Terms and/or any other forms presented to you on the Site you are indicating your agreement and such action constitutes a legal signature.
CHANGES TO TERMS
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Nimbus’s websites and mobile applications (collectively, the “Site”). Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.
TERMS GOVERNING USE OF THE SERVICES AND SITE
THIS SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. NIMBUS IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.
This Site and the Services are intended and only suitable for individuals eighteen (18) years of age and above. Some of the content on this Site may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use this Site. Nimbus hereby disclaims all liability for use by individuals under the age of eighteen (18).
Materials on Site are Not Professional Advice
Except as otherwise described in this section materials available on this Site including all data, information, text, graphics, links, and other material made available to you on this Site are provided as a convenience to our Site visitors. The information provided on this Site is for general informational and educational purposes only. Other than the personalized content sent to you by a health care provider in a message within the App or Website or the personalized advice a health care provider gives you during a video visit, you should not consider content on the Site to be the provision or practice of medical or professional health care advice or services. The materials provided on our Site are not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Site or other sites linked to or from it.
Your Privacy and Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
By establishing an Account and providing your information during registration you agree that we may send you electronic or telephonic communications (“Communications”) including but not limited to:
- E-mails to the address you provided during registration;
- Short messaging service (SMS)/text messages to the mobile number you provided to us during registration;
- Push notifications on your tablet or mobile device;
- Posting communications to your Account; and
- Telephone calls for follow-up on services.
Registration is not required to view certain content on the Site. However, to use some parts of the Site and Services you may be required to register and provide certain information about yourself, including, but not limited to your name, e-mail address, telephone number, physical address, and password and security phrase (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account (“Account”) and the responsibility to maintain confidentiality of your Credentials.
You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for changing your Credentials, including your password, promptly if you think they have been compromised.
At all times you use the site, you agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of your Account.
If you believe someone has accessed the Site using your Credentials without your authorization, contact our patient liaison at (530) 625-8172.
You may only use the Site from a device located in the United States of America, and may only obtain care from our team of doctors and nurse practitioners if you are currently located in the states where we provide health care services. We make no representations regarding the appropriateness or availability of the Site outside the USA.
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- use the Site to violate any local, state, national or international law;
- reverse engineer, disassemble, decompile, or translate any software or other components of the Site;
- distribute viruses or other harmful computer code through the Site; or
- otherwise use the Site in any manner that exceeds the scope of use granted above.
You may not transfer or share your Account password with anyone or create more than one Account. If you create more than one Account this substantially limits our ability to provide appropriate care because we have no way of linking your various accounts and no way of knowing that previous registrations relate to you. If you create more than one Account this increases the chances that you will experience serious adverse events from any medicines we prescribe.
You may not use anyone else’s Account at any time. Attempts to violate the security of our network and unauthorized access to our Site and systems may result in civil or criminal liability and we may investigate and work with law enforcement authorities to prosecute individuals involved in such conduct.
The mobile applications (“Apps”) are intended for use only on a mobile device that runs an unmodified manufacturer-approved operating system. Using the Apps on a mobile device with a modified or “jail broken” operating system may undermine security features that are intended to protect health information that ‘individually identifies’ you from unauthorized or unintended disclosure. You may compromise your health information if you use the Apps on a mobile device that has been modified. Use of the Apps on a mobile device with a modified operating system is a material breach of these Terms.
Transactions include, but are not limited to, Nimbus placing an authorization of charge or “Hold” of funds or other monies with your bank or financial institution until your Service request is evaluated by our Medical Team. This authorization is temporary and will only be finalized as a charge after Nimbus’s Medical Team evaluates your Service request. You may also be charged for prescription medications or for services rendered under any subscriptions as part of your Service request and use of Nimbus’s Site or App. You understand and agree that Nimbus’s responsibility for any purchased physical product ends once we’ve delivered the product to the common carrier. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.
Descriptions or images of, or references to, products or services on the Site do not imply Nimbus’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Nimbus’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Nimbus is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Nimbus’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Promotional codes are not redeemable for cash. Nimbus and its affiliates reserve the right to modify or withdraw promotional offers at any time. Unless otherwise stated, promotions can’t be combined or used with other discounts.
This Site is owned and operated by Nimbus and may administered by a Nimbus contractor. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Nimbus, are licensed to it, or are used with permission. Nimbus and its licensors retain and reserve all proprietary rights to the contents of this Site.less otherwise stated, promotions can’t be combined or used with other discounts.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Nimbus. You may link to, view, download, use, display and print a single copy of the materials found on this Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Nimbus or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2021 Nimbus. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. Nimbus may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send Nimbus a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter- notices with respect to the Site should be sent to the address above.
One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to: Nimbus Healthcare Corporation, 12005 Bee Cave Road, Suite 1A, Austin, Texas 78738 USA, with a copy to email@example.com.
Nimbus names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Nimbus. All rights are reserved. You are not authorized to use any Nimbus name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Nimbus. All other trademarks appearing on the Site are the property of their respective owners.
The App and Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by Nimbus and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the App or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website except as generally and ordinarily permitted through the App or Website according to these Terms. You must not access or use for any commercial purposes any part of the App or Website.
Termination of Services
We may suspend or terminate your access to the Services for any or no reason at any time without notice. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to Site pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or continue your care due to legal or ethical obligations.
ADDITIONAL LEGAL TERMS
Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Site will be in compliance with these Terms.
USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIMBUS OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NIMBUS, ANY AFFILIATED NIMBUS ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS, MANAGERS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “NIMBUS PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BY VISITING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NIMBUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ AND ACCOUNTING FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED NIMBUS OF THE POSSIBILITY OF SUCH CLAIM.
Limitation of Liability and Damages
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICES IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF NIMBUS PARTIES, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS OR DATA ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Nimbus, including Nimbus Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Nimbus including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Nimbus advertising, and any use of Nimbus services.
Binding Individual Arbitration
You hereby agree to arbitrate all Disputes with Nimbus and its affiliates. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST NIMBUS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Travis County, Texas, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Nimbus will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Nimbus also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
Information provided on Nimbus’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This Site is a service provided by Nimbus. Use of this Site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Site illegal. Users in such jurisdictions visit and use this Site entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of Texas, United States of America. It is governed by and shall be construed under the laws of Texas, exclusive of any choice of law or conflict of law provisions. Any dispute arising under or relating in any way to these Terms will be resolved exclusively by final and binding arbitration in Austin, Texas under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Travis County, Texas, for any action related to these Terms.
Requests for Information
Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Links to Other Sites
Downloadable Files and Email
Nimbus cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Nimbus does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site or Services.
You may not assign any rights or obligations under this Agreement without Nimbus’s prior written consent. Nimbus may assign all or part of this Agreement.
All sections of this Agreement that by their nature are designed or intended to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You agree that we may provide any and all notices to you by e-mail, telephone, or fax, as well as by any other method.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Nimbus applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
Conflicting or Inconsistent Terms
Anything on the Site in conflict or inconsistent with any Term of this Agreement is superseded by the Terms of this Agreement.
Please contact us with any questions or concerns regarding this Agreement at:
Nimbus Healthcare Corporation
Attn: Compliance Officer
12005 Bee Cave Road, Suite 1A
Austin, Texas 78738 USA