Agreement Regarding Terms of Service
This Agreement applies to NimbusMobileLLC's FeatherServe Product and website
Protecting the User’s privacy is of great concern to NimbusMobileLLC, and we take
matters of internet privacy very seriously. The following sections outline how we collect
I. INFORMATION COLLECTED
A. COMPANY INFORMATION
1. This website provides a tool for a US-based customer of NimbusMobileLLC
(“the User”) to enter information (“the Information”) about the User’s customers. If
you do not agree with these Terms do not indicate your agreement, and do not enter any
2. Username and password are required to use the site, as is an email address for
company managers. Email addresses enable NimbusMobileLLC to, among other things,
send 'logs' (generated from uploaded data from the user's mobile device), to an email
address of the User's choosing.
3. NimbusMobileLLC will collect data from 'cookies' that are placed on the
User's computer when visiting the site. A cookie is a piece of data stored on the User's
hard drive containing information about the User. Cookies enable us to track and
target the interests of our users to enhance the experience on our website. We collect
information from cookies and other information gathering devices and log files in the
aggregate. We do not link the information collected through cookies or other devices to
personal information that users submit online while participating in our activities. Users
can set their browsers or third party software to reject cookies. If a user rejects the cookie,
the User may be unable to use portions of our website.
4. We reserve the right to use the Information you enter for purposes that may
include, but are not limited to, processing your transactions, establishing the identity
of account holders, customer service, development, content processing, content
classification, and providing you with information concerning our services. We will
retain this information. We also may use the Information to improve and customize our
5. We collect and use the Information, including IP addresses and web server
log files to track trends, administer the website, track user movement, and gather
demographic information. We may also share aggregated demographic information with
our business partners, sponsors, advertisers, and companies that control, are controlled
by, or are under common control with NimbusMobileLLC.
2. USER’S CUSTOMER INFORMATION
The site will store the Information regarding the customers of the User signed up to use
the service. If a customer opts to receive a pool chemical log or invoice from the User using the
service, the customer’s email will also be required.
II. INFORMATION USAGE
Analytics data provided by cookies is used to enhance the user experience and increase
site visibility. Email addresses are used, without limitation, to send logs generated by the service.
If a User enters an email address, a log will be sent to that address, along with a link to our site.
III. PRIVACY INQUIRIES
As a user, you have the right to ask us question regarding your privacy, how to be
removed further from our system, or just general information. The leave feedback
button on FeatherServe's homepage can be used to direct questions regarding this policy or other
privacy concerns to NimbusMobileLLC.
NimbusMobileLLC reserves the right to update this policy as it sees fit. As a user, you
should periodically check for updates to this policy at a link in order to remain
informed about NimbusMobileLLC's handling of yours and your customer's data.
NimbusMobileLLC works hard to make sure our servers are secure, therefore reducing
the risk of a third party compromising the site and thus User data. In addition to this, all
passwords are stored securely so that no one, including NimbusMobileLLC employees can gain
access to these passwords.
VI. GOVERNING LAW AND JURISDICTION
By using the Website, you consent to the exclusive application of the laws of the state of
Mississippi and the United States of America to your access and use of the Website; and further,
you waive application of the laws of any other jurisdiction to your use of the Website. Any
dispute relating in any way to your use of the Website, the submission or use of any information
in connection with the Website, or these Terms shall be subject to the exclusive jurisdiction and
venue of the state and federal courts located in or for the City of Starkville, Mississippi, USA.
This provision shall survive the termination of your use of the Website or termination of these terms.
ALL CONTENTS OF THIS SITE ARE MADE AVAILABLE TO YOU ON AN “AS
IS” BASIS, WITHOUT A WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, AND WITHOUT LIMITATION AS TO QUALITY, COMPLETENESS,
ACCURACY, TIMELINESS OR PERFORMANCE. Information, images and related graphics
on the Website may contain inadvertent errors or technical inaccuracies, which we may update
or change periodically. Furthermore, NimbusMobileLLC does not warrant, either expressly or
implicitly, the accuracy or completeness of the information, text, graphics, links or other items
contained on the Website and does not warrant that the functions contained in the Website will
be uninterrupted or error-free, that the Website will be secure, that defects will be corrected,
or that the Website will be free of viruses or other harmful components. NimbusMobileLLC
expressly disclaims all liability for errors and omissions in the materials on the Website and for
the use or interpretation by others of information contained on the Website. If there is an error
on the Website, promptly inform NimbusMobileLLC, and in no event later than 45 days after
discovery of the error, to allow NimbusMobileLLC to correct the error, which will be User’s sole
remedy under this Agreement.
VII. LIMITATION OF LIABILITY
Neither NimbusMobileLLC nor any of its affiliates or any party involved in creating,
producing, maintaining or delivering the Website is liable for any damages, losses or liabilities
including without limitation, direct or indirect, special incidental, consequential damages, losses
or liabilities, in connection with your use of the Website, or in connection with any failure of
performance, error, omission, interruption, defect, delay in operation or transmission, computer
virus or line or system failure, even if NimbusMobileLLC is advised of the possibility of such
damages, losses or expenses. NimbusMobileLLC has no responsibility to inform you of any
difficulties experienced by NimbusMobileLLC or third parties with respect to the use of the
Website or to take any action in connection therewith.
You agree to defend, indemnify and hold harmless NimbusMobileLLC and its affiliates,
officers, managers, members, employees, representatives and agents from and against any and
all claims, damages, obligations, losses, liabilities, cost or debt and expenses (including but
not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your
violation of any term of these Terms; or (iii) your violation of any third party right, including
without limitation any copyright, trademark, property or privacy right. This defense and
indemnification obligation will survive these Terms and your use of the Website.
IX. OWNERSHIP OF INTELLECTUAL PROPERTY
The content contained on the Website, including without limitation, the text, software,
source and object code, scripts, graphics, photos, sounds, music, videos, interactive features
and the like (“NimbusMobileLLC Content”), is owned or licensed by NimbusMobileLLC or
its third-party information providers, and you may use such NimbusMobileLLC Content only
for personal, non-commercial use. You may not download, copy, reproduce, modify, distribute,
transmit, broadcast, display, sell, license, post, frame or deep link or otherwise exploit the
Website or any NimbusMobileLLC Content, including any text, graphics, video, audio, software
code, user interface design or logos. You may download content displayed on the Website for
your personal, non-commercial use as long as you retain all copyright and other ownership
designations associated with the materials.
Nothing contained on the Website should be construed as granting any license or right
to use any trademark, logo or service mark displayed on the Website without the express written
permission of the owner of such trademark, logo or service mark. Your use of the trademarks,
logos and service marks displayed on the Website, except as provided herein, is strictly