NIMB GENERAL DISCLAIMER

General Warnings and Usage Tips

IF AN EMERGENCY SITUATION OCCURS CONTACT EMERGENCY SERVICES IMMEDIATELY.

The Nimb devices are intended for individuals over 12 years old.

–Nimb devices are NOT life-saving devices and are not replacements for calling emergency services. In case of an emergency, you should always contact your local emergency services right away, if you are able. Nimb has the ability to contact emergency services, however, for a variety of reasons, such ability cannot and is not guaranteed by Nimb to function each and every time it is activated.

–Nimb devices work via a Bluetooth® connection to a smartphone and the Nimb Mobile Software Application. The Nimb devices will NOT work if the corresponding Mobile Software Application has not been installed on a fully-charged device, such as a smart phone or tablet, or when that device is not within the Bluetooth® range of the Nimb device. Furthermore, Nimb must be paired by Bluetooth® with a smart phone or tablet to be able to send alerts.

– When the Nimb device alarm is activated, an alert is sent out to the user’s personal Safety Circle. Think carefully about whom to invite in this personal Safety Circle. In certain circumstances an alert also may be send others such as certain nearby Nimb community members and emergency services.

Equipment and Usage Warnings

– The Nimb devices are sensitive electronic products and may be damaged if overheated, dropped, burned, punctured or crushed, or exposed to liquids. Handle the Nimb devices with care. In the event a Nimb device becomes damaged, use should be immediately discontinued.

– Do not open a Nimb device or try to repair it yourself. If your Nimb device is damaged or malfunctions, contact Nimb Inc. at support@nimb.com.

– Do not attempt to replace or fix the battery in the Nimb device yourself as it may cause overheating and/or injury to you and/or others.  The li-po battery in the Nimb device should be replaced only by Nimb, and must be recycled or disposed of separately from household waste. Do NOT incinerate the li-po battery.

ASSUMPTION OF THE RISK; DISCLAIMERS OF WARRANTY AND LIABILITY

Assumption Of The Risk
You knowingly and voluntarily assume the risks of any environment and/or activity you place yourself in, whether by your own free will or otherwise, while using the Nimb device and any and all software designed, developed, distributed, and/or otherwise made available by Nimb, including but not limited to the NIMB Safety Circles and first-responder notification mobile software application as well as a built in microphone telecom application for users of the Nimb device (collectively referred to as the “Nimb App”). Always be aware of your surroundings and utilize common sense, even when wearing a Nimb device as the Nimb devices are not a replacement for emergency services and should not be treated as such.

Disclaimers Of Use
The Nimb devices are designed to be used exactly as described in detail on the Web site – www.nimb.com – and in any instructions you might receive with your Nimb devices. Nimb will not be responsible in any manner for any injury, death or other damages that may occur while using a Nimb device and/or any and all software designed, developed, distributed, and/or otherwise made available by Nimb, including but not limited to the Nimb App.

No Warranties
Except as otherwise expressly stated in the NIMB Limited Warranty, no express or implied warranties of any type, including but not limited to implied warranties of merchantability or fitness for a particular purpose, are made regarding the Nimb devices. While Nimb intends for the Nimb devices and any and all software designed, developed, distributed, and/or otherwise made available by Nimb Inc., including but not limited to the Nimb App, to function as advertised, their functioning may not always be uninterrupted or error-free. THEREFORE, ANY WARRANTIES THAT THE NIMB DEVICES AND/OR THE NIMB APP SHALL FUNCTION UNINTERRUPTED AND ERROR-FREE AT ANY TIME, INCLUDING BUT NOT LIMITED TO IN EMERGENCY SITUATIONS, ARE EXPRESSLY DISCLAIMED. Furthermore, Nimb does not make any warranties as to the results that may be obtained from the use of the Nimb devices and/or the Nimb App.

Limitation Of Liability
NEITHER NIMB Inc. NOR OUR PARTNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM AND/OR RELATED TO THE USE OR MISUSE OF ANY NIMB DEVICE AND/OR ANY NIMB APP, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ALLERGIC REACTIONS, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The use of the Nimb devices AND the Nimb App is subject to further disclaimers and limitations of liability as set forth in the Terms of Sale, Terms of Service and Nimb’s Limited Warranty.


DATE OF LAST UPDATE: June 20, 2016 (subject to future changes)