Welcome to Nimbus (the "Website" or "Service"), an e-commerce store. These Terms of Service ("Terms") govern your access to and use of the Website, including any content, functionality, products, and services offered on or through the Website.
By accessing or using the Website, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
These Terms apply to all visitors, users, and others who access or use the Service. You represent that you are of legal age to form a binding contract (at least 18 years old or the age of majority in your jurisdiction) and are not barred from using the Service under applicable law.
1. Changes to the Terms
We reserve the right to modify these Terms at any time. We will post the revised Terms on the Website and update the "Last updated" date at the top. Your continued use of the Website after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
2. User Accounts
To access certain features, such as making purchases or tracking orders, you may need to create an account. You must provide accurate, complete, and current information during registration.
You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use or security breach.
We reserve the right to suspend or terminate your account if we suspect fraudulent, abusive, or illegal activity, or if you violate these Terms.
3. Products and Orders
All product descriptions, images, and prices are subject to change without notice. We do not warrant that product information is accurate, complete, or error-free.
When you place an order, it constitutes an offer to purchase, which we may accept or reject. We will confirm acceptance by sending a confirmation email. If we cannot fulfill your order (e.g., due to unavailability), we will notify you and issue a refund.
You agree to provide accurate payment and shipping information. All orders are subject to availability and our approval.
4. Pricing and Payment
We reserve the right to adjust prices at any time, but changes will not affect orders already accepted.
Payment must be made at the time of purchase using the available methods (e.g., credit card, PayPal). By providing payment information, you authorize us to charge the applicable amount, including taxes and shipping.
5. Shipping and Delivery
We ship products to addresses within United States. Shipping times are estimates and not guaranteed. We are not responsible for delays due to customs, weather, or other factors beyond our control.
Risk of loss passes to you upon delivery to the carrier. You are responsible for any import duties or taxes.
6. Returns and Refunds
We offer returns and refunds in accordance with our Return Policy, available on the Website. Generally, products may be returned within 30 days of date of delivery and in original condition. Refunds will be issued to the original payment method, minus any shipping fees.
We do not accept returns for certain items, such as personalized products or perishable goods.
7. Intellectual Property
All content on the Website, including text, graphics, logos, images, and software, is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent. Limited use for personal, non-commercial purposes is permitted.
8. User Conduct
You agree not to:
- Use the Website for any unlawful purpose or in violation of any law.
- Interfere with the Website's security or functionality.
- Upload viruses, malware, or harmful code.
- Harvest or collect user data without consent.
- Impersonate others or provide false information.
We may terminate your access for any violation.
9. User-Generated Content
If you submit reviews, comments, or other content ("User Content"), you grant us a non-exclusive, royalty-free, perpetual license to use, modify, and distribute it.
You represent that your User Content does not infringe third-party rights and is not defamatory, obscene, or harmful.
We may remove or edit User Content at our discretion but are not obligated to monitor it.
10. Third-Party Links and Services
The Website may contain links to third-party sites or services. We are not responsible for their content, privacy practices, or availability. Your use of third-party services is at your own risk.
11. Disclaimer of Warranties
The Website and products are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Website will be uninterrupted, error-free, or secure, or that products will meet your expectations.
12. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or products, even if advised of the possibility.
Our total liability shall not exceed the amount you paid for the product or service giving rise to the claim.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses arising from your violation of these Terms, misuse of the Website, or infringement of third-party rights.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of [e.g., the State of California, USA], without regard to conflict of laws principles.
Any disputes shall be resolved exclusively in the courts of [e.g., San Francisco, California]. You agree to submit to the personal jurisdiction of such courts.
We may attempt to resolve disputes informally first.
15. Miscellaneous
- Severability: If any provision is held invalid, the remainder shall continue in effect.
- Waiver: No waiver of any term shall be deemed a further or continuing waiver.
- Entire Agreement: These Terms constitute the entire agreement between you and us.
- Force Majeure: We are not liable for failures due to events beyond our control.
16. Contact Us
For questions about these Terms, contact us at:
- Email: contact@nimbussteam.com
Thank you for shopping with NimbusSteam.com!
