Nimb Inc. RG00 ユーザーズマニュアル

LIMITED WARRANTY

Nimb Inc., and its afﬁliated companies worldwide (“Nimb”),

warrants each Nimb device and any other product (“Product”)

against defects in material or workmanship for a period of

one (1) year from the original date of purchase of the Product

by a consumer (the “Warranty Period”). If a material or

workmanship defect arises with regard to any Product, and a

valid claim is received within the Warranty Period, Nimb will (i)

repair the Product using new or refurbished parts or (ii)

replace the Product with a new or refurbished Product. For

purposes of this limited warranty, “refurbished” means a

Product or part that has been substantially returned to its

original speciﬁcations.

This Limited Warranty is your sole and exclusive remedy for

any breach by Nimb of this Limited Warranty, and Nimb’s sole

and entire liability for such breach, is either, at Nimb’s option,

to repair or replace the defective Product or, if the warranty

claim is submitted during the ﬁrst forty-ﬁve (45) calendar

days of the Warranty Period, refund the purchase price of the

defective Product. Nimb reserves the right to send you a

replacement Product that is the same or of a similar style to

the Product you returned under this Limited Warranty or a

substitute equivalent to your original Product that may not be

of like kind (depending on availability). Replacement Products

will be furnished only on an exchange basis. Replacement or

repaired Products are warranted as above only for the

remainder of the original applicable Warranty Period.

CLAIM PROCESS

To obtain warranty service for any Product that is subject to

the foregoing warranty, Consumer must notify Nimb by

sending an email to support@nimb.com and returning the

defective Product, in either its original packaging or packaging

providing an equal degree of protection, to the address

speciﬁed by Nimb. When requesting a warranty replacement,

we will require proof that the claim is valid. In this regard, we

may ask you, for example and not by way of limitation, to

send a photograph of your damaged Product, return your

Product to us for warranty coverage veriﬁcation, send a

photograph of your receipt for the purchase of the Product, or

provide such other proof as we may request to allow us to

determine the validity of warranty coverage on your claim.

ACKNOWLEDGMENT OF REQUIREMENTS FOR NIMB PRODUCTS

TO PROPERLY FUNCTION

You understand and agree that, to function properly, your

Product must meet the following requirements:

Each Nimb device must be paired with a qualifying

smartphone (Bluetooth® 4.0 or later and iOS™ 9 or later or

Android™ 4.1 or later). There is a 1:1 phone to Nimb device

relationship, meaning you can’t pair more than one Nimb

device to a single phone, or a single Nimb device to

multiple phones.

The Nimb user must download the Nimb application and

fully complete the account setup process on the qualifying

smartphone.

The qualifying smartphone must be running the Nimb

application at the time an alert is sent by the paired Nimb

device, and the application must not be disabled or “killed.”

The qualifying smartphone must have GPS enabled in

order to use the “active GPS” functionality of alerts. Nimb’s

location services are only as accurate as your phone’s GPS

capabilities.

Nimb must be paired by Bluetooth® with a smartphone or

tablet to be able to send alerts. The paired Nimb device

must be within Bluetooth® range of the qualifying

smartphone.

The qualifying smartphone must have a data plan and be

within a coverage area provided by the user’s qualifying

smartphone carrier. Coverage is deﬁned as having a true

internet connection (cellular or Wi-Fi.)

Cellular or Wi-Fi data and GPS and Bluetooth® services

must be enabled for the qualifying smartphone AND for

the Nimb application (for example purposes only, not in

airplane mode or otherwise disabled, and all permissions

must be granted to the Nimb application).

The Nimb device user must have set up at least one

contact for alert purposes as part of the Nimb application

setup process.

The contacts entered in the application must accept the

Nimb device user’s invitation to receive alerts. Nimb users

& alert contacts should discuss the actions that the

contacts should take in the event an alert is received. Alert

can only be received if alert contacts have an active

cellular and data connection.

PLEASE NOTE: Neither 911 nor any other emergency service

should be listed as one of the Nimb device user’s contacts for

alert purposes of any kind.

You acknowledge and agree that Nimb shall have no liability

whatsoever (under this limited warranty or any theory of law,

equity or tort) for any failures resulting from any condition

where these requirements for proper functioning are not met,

or not fully met during any period of time, including but not

limited to during the initiation, continuation or termination of

any Nimb alert. You acknowledge and agree that if you rely on

any Product, any Nimb content or any Nimb service, you will

be doing so at your own risk.

EXCLUSIONS AND LIMITATIONS

EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PRODUCT, EACH

NIMB APP, THE NIMB SERVICE, AND THE NIMB WEB SITE IS

PROVIDED SOLELY ON AN “AS IS” BASIS AND NIMB MAKES NO

OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT

LIMITATION ANY WARRANTY THAT ANY PRODUCT, ANY NIMB APP,

THE NIMB SERVICE OR ANY USE OF THE NIMB WEB SITE WILL MEET

YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,

SECURE, OR ERROR-FREE BASIS, OR THAT THE RESULTS THAT MAY

BE OBTAINED FROM USE OF ANY PRODUCT, ANY NIMB APP, THE

NIMB SERVICE OR THE WEB SITE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, NIMB SPECIFICALLY DISCLAIMS

AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER

EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT

LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANT-

ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGE-

MENT, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF

COURSE OF DEALING OR USAGE OF TRADE. IF SUCH DISCLAIMER

OF ANY IMPLIED OR STATUTORY WARRANTY IS NOT PERMITTED BY

LAW, THE DURATION OF ANY SUCH IMPLIED OR STATUTORY

WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY

PERIOD OF THE LIMITED WARRANTY AS SET FORTH ABOVE. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR

STATUTORY WARRANTIES OR LIMITATIONS ON HOW LONG AN

IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR

EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW

SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN

THE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY,

THEN THE WARRANTY PERIOD FOR ANY PRODUCT SUBJECT TO

SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM

PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC

LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH

VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF

LIABILITY, SHALL NIMB, ITS SUBSIDIARIES, PARENTS, AFFILIATES,

THIRD-PARTY CONTENT PROVIDERS, VENDORS, DISTRIBUTORS, OR

SUPPLIERS AND/OR OUR OR THEIR RESPECTIVE DIRECTORS,

OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES BE LIABLE

TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF

ANY NATURE WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF

DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER

DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE

SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF

OR INABILITY TO USE ANY PRODUCT OR NIMB SERVICE,

INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY

DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY

PRODUCTS THAT ARE USED WITH THE PRODUCT, OR LOSS OF USE

OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE

USED WITH THE PRODUCT, WHETHER BASED ON WARRANTY,

CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY

OR ANY OTHER LEGAL THEORY, EVEN IF NIMB HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY

DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON

WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES

REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN

CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE),

THE ENTIRE AGGREGATE LIABILITY OF NIMB AND ANY OF ITS

DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE

AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR NIMB

SERVICE GIVING RISE TO LIABILITY. SOME STATES AND/OR

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION

OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE

LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE

MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

For end users who are covered by an applicable consumer

protection law or regulation in their jurisdiction of purchase or

residence, the beneﬁts to the end user under this limited

warranty are in addition to other rights and remedies of the

end user under such laws or regulations.

Such beneﬁts may include additional warranties or rights

relating to the performance of the Product and remedies

applicable in the event of a defect. This limited warranty will

be interpreted under the laws or regulations that apply to the

end user in any state, province or country and any provision of

this limited warranty that conﬂicts with any such end user

rights or beneﬁts is not applicable to end users covered by

such law or regulation, so the exclusions and limitations set

out in this limited warranty may not apply, or may not fully

apply, to you.

FURTHER EXCLUSIONS AND LIMITATIONS;

NIMB IS NOT AN INSURER

YOU AGREE THAT NIMB IS NOT AN INSURER OF YOUR PROPERTY

OR THE PERSONAL SAFETY OF PERSONS USING ANY PRODUCT,

THEIR PERSONAL NIMB CONTACTS, OR THOSE AROUND ANY

SUCH PERSON. THE PRICE NIMB CHARGES FOR EACH PRODUCT

AND/OR ANY ASSOCIATED NIMB SERVICES REFLECT THE VALUE

OF THE GOODS AND/OR SERVICES WE PROVIDE AND NOT THE

VALUE OF YOUR PREMISES OR ANY OTHER PROPERTY, OR ITS

CONTENTS, OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY

OR DEATH. YOU ARE HEREBY ADVISED AND PUT ON NOTICE THAT

YOU ARE SOLELY RESPONSIBLE TO OBTAIN FROM AN INDEPENDENT

INSURANCE PROVIDER ANY INSURANCE COVERING PERSONAL

INJURY AND PROPERTY LOSS OR DAMAGE TO THE PERSON OR

PREMISES OR ANY OTHER PERSON OR PROPERTY. YOU FURTHER

AGREE THAT YOU ARE RESPONSIBLE FOR THE COSTS, EXPENSES

AND OTHER DAMAGES OR CONSEQUENCES RESULTING FROM

FALSE OR MISTAKEN ALARMS, AS WELL AS THE FAILURE OF THE

DEVICE TO OPERATE, AS EXPLAINED ABOVE.

This Limited Warranty speciﬁcally excludes: (a) consumable

parts, such as batteries, unless damage has occurred due to

a defect in materials or workmanship in the product; (b)

normal wear and tear and cosmetic damage, including

scratches, dents and broken housing/case; (c) defects or

damage caused by misuse, accident (including collision, ﬁre

and the spillage of food or liquid), neglect, abuse, alteration,

unusual stress, modiﬁcation, improper or unauthorized repair,

installation, improper storage or if the serial number has been

removed; (d) damage caused by operating the Product(s)

outside the permitted or intended uses described by Nimb;

(e) damage caused by use with unapproved or non-Nimb

products or software, even if packaged or sold with the Nimb

product; and (f) modiﬁcations of ﬁrmware or software by

anyone other than authorized Nimb personnel. No Nimb

reseller, agent, or employee is authorized to make any

modiﬁcation, extension, or addition to this Limited Warranty. If

any term is held to be illegal or unenforceable, the legality or

enforceability of the remaining terms shall not be affected or

impaired.

ARBITRATION

PLEASE READ THE FOLLOWING ARBITRATION PROVISION

CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR

RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH A COURT

ACTION.

You agree that any and all disputes (other than those

described in the “Exceptions to Agreement to Arbitrate”

section below) relating to your purchase or use of any

Product and/or Nimb service, or the use by any of your Nimb

contacts of any alert issued from your Product and/or

through any Nimb service, shall be subject to and settled

exclusively by arbitration. To begin arbitration, either you or

Nimb must make a written demand to the other for arbitration

for the applicable claim (“Claim”). The arbitration will take

place before a single arbitrator. It will be administered in

accordance with the Expedited Procedures of the Commercial

Arbitration Rules (“Rules”) of the American Arbitration

Association (“AAA”) in effect when the Claim is ﬁled. You may

get a copy of these AAA’s Rules by visiting www.adr.org. The

ﬁling fees to begin and carry out arbitration will be shared

equally between you and Nimb. This will not prohibit the

arbitrator from awarding the winning party its fees and

expenses of the arbitration. Unless you and Nimb agree

otherwise, the arbitration will take place in the City and

County of San Francisco, California. The Federal Arbitration

Act, 9 U.S.C. § 1, et seq., will govern and not any state law on

arbitration. YOU AGREE AND UNDERSTAND THAT THIS

ARBITRATION PROVISION MEANS THAT YOU GIVE UP YOUR RIGHT

TO GO TO COURT ON ANY CLAIM COVERED BY THIS PROVISION.

You also agree that any arbitration proceeding will only

consider your Claim. Claims by, or on behalf of, other

individuals will not be arbitrated in any proceeding that is

considering your Claims. YOU AGREE AND UNDERSTAND THAT

you are waiving class arbitrations, class actions, private

attorney general actions, and consolidation with other

arbitrations. THE DEGREE TO WHICH ARBITRATION CAN BE USED

AS A DISPUTE RESOLUTION PROCESS FOR CONSUMER CLAIMS

VARIES FROM STATE TO STATE, SO THIS ARBITRATION PROVISION

MAY NOT APPLY TO YOU, DEPENDING ON YOUR STATE OF

RESIDENCE.

In the event this arbitration provision is contested by the

appropriate state regulatory agency, and/or is stricken,

severed, or otherwise deemed unenforceable by a court of

competent jurisdiction, you and Nimb speciﬁcally agree to

waive and forever give up the right to a trial by jury. Instead, in

the event any litigation arises between you and Nimb, any

such lawsuit will be tried before a judge and not a jury.

Further, you and Nimb agree that any judicial proceeding

(other than small claims actions) will be brought in the

federal or state courts located in the City and County of San

Francisco, California. Both you and Nimb consent to venue

and personal jurisdiction there, and service of process

through ﬁrst-class or overnight mail.

Regardless of any statute or law to the contrary, YOU AGREE

AND UNDERSTAND THAT any claim or cause of action arising

out of or related to your use of any Product or Nimb services

must be ﬁled within one year after such claim or cause of

action arose, or else that claim or cause of action will be

barred forever.

EXCEPTIONS TO AGREEMENT TO ARBITRATE

Notwithstanding the above Arbitration provision, either you or

Nimb may assert claims, if they qualify, in small claims court

located in the City and County of San Francisco, California, or

any United States county where you live or work. Either party

may bring a lawsuit solely for injunctive relief to stop

unauthorized use or abuse of the any Product or Nimb

services, or infringement of intellectual property rights (for

example, trademark, trade secret, copyright or patent rights)

without ﬁrst engaging in arbitration.

WARNINGS

This Product is not intended for children age 12 and under.

This Product must be paired with a compatible smartphone

that has a cellular and data connection to operate properly.

Compatible smartphones include ones with operating

system iOS™ 7 and later and Android™ 4.0 and later devices.

This Product requires that the user be in an area where

there is available wireless telemetry coverage and actual

performance of the Product is subject to limitations caused

by atmospheric or topographical conditions or other

causes.

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 guaran-

teed by Nimb to function each and every time it is activated.

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. 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. If your use of

the Nimb device results in or is a “false alarm” Nimb shall not

be responsible for any costs, damages, reimbursements or

other expenses or consequential damages or losses incurred

as a result of the“false alarm” whether to emergency service

personnel, municipalities orother entities or third parties.

Do not dispose of this Product with ordinary garbage. When

disposing of this Product, follow the rules and regulations of

disposal of hazardous waste applicable to your area.

PLEASE NOTE THAT THESE TERMS OF THIS LIMITED WARRANTY

MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM

TIME TO TIME BY NIMB IN ITS SOLE DISCRETION SO YOU ARE

ADVISED TO REVIEW THESE TERMS OF LIMITED WARRANTY

PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY

PURCHASES OF PRODUCTS YOU MAKE ON OR AFTER THE DATE

OF ANY SUCH CHANGE.

Certiﬁcates

This device has been tested and complied with FCC Part 15

Class B

FCC Conditions

This device complies with Part 15 of the FCC Rules is subject to

the following two conditions:

This device may not cause harmful interference, and

This device must accept any interference received,

including interference that may cause undesired

operation of the device.

FCC Notice

CAUTION: Changes or modiﬁcations not approved by Nimb

could void the user’s authority to operate the equipment.

NOTE: This device has been tested and found to comply with

the limits for a Class B digital device, pursuant to part 15 of

the FCC Rules. These limits are designed to provide

reasonable protection against harmful interference in a

residential installation. This equipment generates, uses and

can radiate radio frequency energy and, if not installed and

used in accordance with the instructions, may cause harmful

interference to radio communications. However, there is no

guarantee that interference will not occur in a particular

installation. Operation of this product in a residential area is

likely to cause harmful interference in which case the user will

be required to correct the interference at own expense.

Return Policy & Terms of Sale: nimb.com/legal/terms_of_sale