NIMBLE• ESQUIRE

Strategic Career Navigation for the Modern ESQ.

Terms of Use

Please read the Terms of Use before using the NIMBLE· Esquire website (the “Site”), which is accessible through the domain name <nimblesquire.com>. The Terms of Use constitute a binding agreement between You and NIMBLE· Career Navigation, LLC. (the “Company”). The Terms of Use may be updated from time to time and the latest version will be posted on the Site. By accessing the Site or using the services provided therein, you agree to be bound by the Terms of Use in its then current form. Accordingly, you should visit this page periodically to review the most current Terms of Use. If you do not accept the terms stated herein, do not use the Site and/or the services provided therein. Users who violate these terms may have their access and use of the Site suspended or terminated, at the discretion of the Company.

Eligibility

You must be 18 years of age or older to use the Site in any manner. By visiting the Site and/or using the services therein, you represent and warrant that you are18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these terms.

Use of Material on the Site

You agree to use the Site and materials therein solely and exclusively in connection with career navigation and reporting, job searching, high performance coaching, personal wellness, brand development, networking for professional purposes, products and services provided to or targeted to the legal profession, including, but not limited to, forms, samples and templates, marketing and/or consulting services and goods and services related thereto.

All content on this Site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by the Company and/or its content providers and is protected by copyright, trademark and other applicable laws. You may access or print the material contained on the Site provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access or print. In addition to the Terms of Use, your access to and/or use of NIMBLE· Esquire or any of its partners or affiliates, is also governed by the agreement between You and Company with respect to such services.

You agree that your use of the Site and materials therein will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the Site or materials therein for or in connection with, any illegal purpose or activity.

You shall not directly or indirectly upload, download, manipulate, transmit, publish, broadcast or otherwise provide or disseminate any content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) that contains incomplete, false or inaccurate biographical information or information that is not your own.

Accuracy, Completeness and Timeliness of Information on This Site

Company has made and will make commercially reasonable efforts to ensure that the Site and materials therein are complete and accurate. In some cases, content on the site is the opinion of expert and advisors, and Company is not responsible if information made available on the Site is not accurate, complete or current. Company reserves the right to modify the contents of the Site at any time, but has no obligation to update any information on the Site. It is your responsibility to monitor changes to the Site. Any reliance on material on the Site is at User’s own risk.

Refund and Cancellation Policy

Monthly memberships can be cancelled at any time, ending at the conclusion of the billing cycle.  You will have access to your membership and data until the end of the current monthly billing cycle.    No pro-rated returns are applicable for monthly memberships. 

Annual membership fees are refundable on a pro-rated basis.  Applicable proration will be given at a rate of 1/12 of remaining months, not including the month of cancellation.  For example, if your subscription date was the 15th of the month, cancellation on or after the 15th of any given month will constitute another month of membership and access to the Site until the 14th of the next month.  A prorated refund for remaining months will be given within (5) business days of cancellation in the form of 1/12 of the fee for each remaining month.

You agree to be responsible for your membership in terms of usage and timing of cancellation.  Cancelling your account for non-use or lack of activity is the member’s responsibility.

Company will not be held accountable for refunds or the amount of usage for usage prior to the date of cancellation.  

Payment

If you purchase any services that Company offers for a fee, either on a one-time, recurring or subscription basis, the Company may store your payment information, including but not limited to credit card information. You agree to pay the applicable fees for the services as they become due plus all related taxes, and to reimburse Company for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable. You acknowledge that such services are subject to the Terms of Use and any additional terms related to the provision of such services.

Passwords

You agree to keep your password(s) secure and confidential and not permit others to use your account. You are responsible for anything that happens through your account, whether or not authorized by You. You agree to immediately notify Company of any unauthorized use of your account. To notify the Company of any unauthorized use or to close your account, please contact the Company at info@nimblesquire.com with the subject line titled Unauthorized Use of My NIMBLE Account.

You agree that you will not use, or knowingly allow any other person to use, or directly or indirectly upload, download, manipulate, transmit, publish, broadcast or otherwise provide or disseminate any content.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this site are registered and unregistered marks of Company and their content providers or other third parties and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission.

Third Party Links

The Site may contain links to web sites of, and advertisements for, third parties. Company is not responsible or liable for any off-site web pages accessible from or linked to the Site or any information contained therein. Links to off-site web pages should not be construed as third party endorsement, sponsorship or affiliation of, with or by Company. Any opinions or recommendations expressed in any third party sites should not be construed as the opinions, recommendations or views of Company. You link to any third party site at your own risk.

Third Party Links:

Company is not responsible or liable for any off-site web pages accessible from or linked to the Site or any information contained therein. Links to off-site web pages should not be construed as third-party endorsement, sponsorship or affiliation of, with or by Company. Any opinions or recommendations expressed in any third-party sites should not be construed as the opinions, recommendations or views of Company. You link to any third-party site at your own risk.

Client Content and Submissions

You are solely responsible for any content that you post onto the Site, including, but not limited to, resumes, documents, job submission status, personal information, and networking profiles (“User Content”). Any idea, content or information posted by You on the Site is not publicly available to other Users. Company is not responsible for any misuse or misappropriation of any ideas, content or information that is posted by Users on the Site.

You agree that in submitting User Content or otherwise using the Site, that you will not impersonate any person, or submit any materials that are false, inaccurate, misleading, unlawful, defamatory, obscene, threatening, offensive, abusive or hateful or harm or threaten the safety of other Users or are otherwise in violation of the Terms of Use or any other applicable agreement, laws, rules or regulations. The following list is illustrative of the type of material that is prohibited on the Site:

  • Content that is abusive, threatening, obscene, defamatory or libelous;
  • Content that is implicitly or explicitly offensive or promotes or endorses racism, bigotry, discrimination, hatred or physical harm of any kind or harasses or advocates harassment of any group or individual;
  • Content that promotes or endorses false or misleading information or illegal activities;
  • Content that involves the transmission of “junk mail,” “spam,” “chain letters,” or unsolicited mass mailing;
  • Content that infringes upon patents, trademarks, copyrights, trade secrets or other intellectual property or proprietary rights of others;
  • Content that contains restricted or password only access pages, or hidden pages or images;
  • Content that displays or links to pornographic, indecent or sexually explicit material of any kind or provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  • Content that violates someone’s privacy or solicits passwords or other personal identifying information from other Users, or
  • Content that contains or creates computer viruses, worms, or other computer code that interrupts, destroys or limits the functionality of any computer software or hardware of Company or other Users.

The owner of User Content placed on the Site retains any and all rights that may exist in such User Content and may delete it from the Site at any time.

Claims Regarding Content

To notify Company that you believe in good faith that User Content violates the Terms of Use, you may send an email to info@nimblesquire.com.

To report a claim for copyright infringement by a User, please provide Company’s Designated Agent with written notification pursuant to 17 U.S.C. § 512(c), containing the following details:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple works are claimed to be infringed, a representative list of such works;

(b) identification of the claimed infringing material and the location of such material;

(c) your contact information, including your name, address, telephone number, and, if available, your email address;

(d) a statement that you have 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;

(e) 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; and

(f) your physical or electronic signature.

Our Designated Agent to receive notifications of claimed infringement is Laura Leopard, Leopard Solutions LLC, 20 Chatfield Road, Bronxville, NY 10708; email: info@nimblesquire.com.

Investigation and Disclosure of Information

Company acts as a conduit for the online collection of User Content and has no obligation to screen or monitor User Content, communications or other information associated with the Site. If Company is notified or otherwise becomes aware of User Content or other material which is allegedly in violation of the Terms of Use, Company may in its sole discretion investigate any complaint or reported violation and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating use of the Site and denying access to all or any portion of the Site. Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Company, damage Company’s brand or public image, or cause Company to lose (in whole or in part) the services of its ISPs or other suppliers. Company has no liability or responsibility to User for performance or nonperformance of such activities.

Company reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. Company may disclose registration, or any other information provided by Users if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with Company’s responsibilities with respect to any civil or criminal action, subpoena, court order or other compulsory disclosure and/or to respond to governmental requests or claims by third parties, or to protect the rights, property or safety of other Users or the public or to enforce the Terms of Use.

Further Release for Client Content

YOU HEREBY RELEASE COMPANY FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR RELIANCE ON USER CONTENT.

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Disclaimers

COMPANY DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SERVICES, MATERIALS, USER CONTENT OR OTHER DATA OR INFORMATION FURNISHED THEREBY OR THEREUNDER. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTIES, EXPRESS OR IMPLIED, AND ALL SUCH OTHER WARRANTIES, REPRESENTATIONS, AND GUARANTIES ARE HEREBY DISCLAIMED WITH RESPECT TO THE SERVICES, MATERIALS AND/OR CLIENT CONTENT. ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. No employee, salesperson, vendor or other agent or purported agent of Company is authorized to make any warranties, representations or guaranties to the contrary of the foregoing, and any such purported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of Company. Furthermore, Client acknowledges that it is the responsibility of Client to verify any information upon which it or any of its associates or clients expects to take actions with financial consequences.

IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO COMPANY OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE, OR COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION ON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to You or others, You agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and in such case, You agree to cooperate with Company in the defense of such matter.

Severability

If any one or more of the provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable for any reason, then the validity, legally or enforceability of the remaining provisions of the Terms of Use shall not be affected thereby. To the extent permitted by applicable law, the parties waive any provisions of law that render any provision of the terms of Use invalid, illegal or unenforceable in any respect.

Jurisdiction and Applicable Law

The laws of the State of Florida govern the Terms of Use and your use of the Site, and You irrevocably consent to the jurisdiction of the courts located in the County of Florida for any action arising out of or relating to the Terms of Use.

We recognize that it is possible for You to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Florida and of the United States. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for You, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

These Terms of Use constitute a binding agreement between You and the Company and are accepted by You upon your use of the Site.

I HAVE READ AND I UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE IN ITS ENTIRETY. I INTEND TO FORM A LEGALLY BINDING CONTRACT BY CLICKING “I AGREE.”