These Terms and Conditions (“Terms” or “Agreement”) constitute a binding legal agreement between you and Bambu Systems, LLC and its subsidiaries and affiliated companies (collectively, “Bambu,” “we,” “us” or “our”), the owner, operator and developer of the Bambu website available at www.mybambu.com (the “Website”) and all associated services provided through the Website (together with the Website, referred to as the “Services”).
Notice Regarding Dispute Resolution: IF YOU ARE A USER LOCATED IN THE UNITED STATES, OUR AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 16. EXCEPT FOR CERTAIN TYPES OF DISPUTES AS OUTLINED IN SECTION 16, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION IN ACCORDANCE WITH SECTION 16(I). UNLESS YOU OPT-OUT OF ARBITRATION, AND EXCEPT FOR THE SPECIFIC EXCEPTIONS NOTED IN SECTION 16, YOU WILL ONLY BE PERMITTED TO (A) PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IN ADDITION, YOU WAIVE ANY RIGHT TO HAVE APPLICABLE DISPUTES DECIDED BY A JUDGE OR JURY, AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES USERS” IN SECTION 16 BELOW TO LEARN MORE.
1. Changes to this Agreement
We may change or modify this Agreement from time to time. If we make a material change to this Agreement, we will provide you with at least thirty (30) days’ notice prior to the effective date of the changes by sending an email to the email address we have on file. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, if you want to continue to use the Services, you will also be required to affirmatively accept the revised terms and conditions of the Agreement the first time you use the Services and log in to your user account after the revised terms and conditions take effect. By accepting the revised terms and conditions or continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Agreement. If any changes to the Agreement are not acceptable to you, you must terminate your account and stop using the Services. You can review the most current version of the Agreement at any time by visiting the link at www.mybambu.com.
2. Our Services
(a) Registration: You must register for our Services by creating a Bambu mobile app account, and providing us your complete and accurate contact information and your current mobile phone number. You must agree to keep all account information current and accurate at all times. You expressly agree to receive text messages and phone calls (from us or our third-party providers) providing verification codes to complete your registration of your account.
(b) Representations: By creating an account through the Website, you represent and warrant that:
i. You are at least 18 years old, and have the legal capacity to form a binding contract with Bambu;
ii. Your use and access of the Services will not violate any applicable laws or regulations;
iii. You agree to keep all account information current and accurate at all times;
iv. You will safeguard and keep your password confidential; and
v. You will immediately notify us if you believe your password has been stolen or if there has been any unauthorized use of or access to your account.
(a) SMS and Text Messaging: By downloading or using the Bambu App, you expressly agree to receive text messages and phone calls (from us or our third-party providers) in order to provide our Services. You hereby certify that you are the account holder for any mobile phone number(s) you may supply to Bambu. Message and data rates under your own plan with your phone carrier may apply for any text messages.
(b) Email Communications: Transactional e-mail communications about your account or our Service are not considered “marketing” communications.
(c) Management of Communications Preferences: You acknowledge and agree that you may need to separately manage your communication preferences for each communication method. While we use reasonable efforts to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each type of communication.
4. Use of Our Services and Prohibited Conduct
(a) Compliance Obligations and Acceptable Use. You must use our Services according to the terms of this Agreement and policies posted on our Website. You agree to access and use our Services only for legal, authorized, and acceptable purposes. Your use of the Services must comply with all applicable laws, rules and regulations.
(b) Prohibited Conduct. You must not cause harm to, or otherwise interfere with, the Services. You agree that you will not use (or assist others in using) our Services to:
i. violate, misappropriate, or infringe our rights, or the rights of our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
ii. violate applicable laws, rules or regulations;
iii. engage in any non-personal use of our Services;
iv. access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means;
v. reverse engineer, alter, modify, create derivative works from, decompile, disassemble, or extract code from our Services;
vi. send, store, or transmit viruses or other harmful computer code through or upload onto our Services;
vii. gain or attempt to gain unauthorized access to our Services or systems;
viii. interfere with or disrupt the integrity or performance of our Services, or interfere with or disrupt the access of any user, host or network through any means, including by overloading, flooding or spamming;
ix. create accounts for our Services through unauthorized or automated means;
x. misuse passwords, or gain unauthorized access another user’s account;
xi. collect the information of or about our users in any impermissible or unauthorized manner;
xii. sell, resell, rent, or charge for our Services;
xiii. distribute or make our Services available over a network where they could be used by multiple devices at the same time; or
xiv. use “crawlers,” “spiders” or other technology to index or “scrape” any page, data, or portion of or relating to the Services.
(c) Keeping Your Account Secure. You are responsible for keeping your account safe and secure, and maintaining the confidentiality of your username, password, and account. We expressly disclaim any liability arising from the unauthorized use of your account. You must notify us promptly of any actual or suspected unauthorized use or security breach of your account or our Services.
5. Third Party Links and Services
6. Our Intellectual Property Rights
We own or have licensed all copyrights, trademarks, domains, logos, trade dress and other intellectual property rights associated with our Services. The works of authorship contained in the Website, including but not limited to all design, text, logos, marks and images, are owned by Bambu, except as otherwise expressly stated on the Website and/or Services. Except as otherwise expressly stated herein, the Website and Services may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. In addition, any software that may be made available by or on behalf of Bambu in connection with the Services, contains proprietary and confidential information that is protected by intellectual property laws and other laws. The Services are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services.
7. Our Management of the Services
(a) Our Right to Manage the Services: We reserve the right, but do not undertake the obligation to: (i) monitor or review the Services for violations of this Agreement and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates the terms of this Agreement; (iii) refuse, restrict access to or the availability of, or modify, remove, delete, edit or disable any or all features or functionality of the Services at any time with or without notice; (iv) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (v) screen our users or members, or attempt to verify the statements of our users or members and/or (vi) terminate or suspend your use of the Services for violating this Agreement or otherwise as we may determine is necessary. If we terminate or disable your account for a violation of this Agreement, you will not be allowed to create another account without our permission.
(b) Our Right to Terminate Users: WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES, IN WHOLE OR IN PART.
8. Use of Your Information
9. Access to the Services – United States and Mexico
Our Services are currently made available to users who reside in the United States and Mexico, and cannot be accessed from any other country. If you attempt to log onto the Website from a location that is not within either the United States or Mexico, access to our Services may be denied.
You further agree not to attempt to access the Services or log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to access the Services or log on to the Website from one of these countries may result in your access being restricted and/or terminated.
Bambu has certain technical, administrative, and physical security measures in place to protect your personal information. If you believe that the security of your personal information on our Services has been compromised, please contact us immediately at email@example.com.
(a) Information and Materials on the Website: WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. INFORMATION ON THE WEBSITE IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, OR MATERIAL THAT ARE TRANSFERRED, MADE AVAILABLE OR OBTAINED BY WAY OF THE WEBSITE OR THE SERVICES. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES USING THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
(b) Potential Disruption of Services: Access to the Website and/or Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
· Hardware failure, including failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
· Software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
· Overload of system capacities; and
· Any other cause (whether similar or dissimilar to any of the foregoing) that is beyond our control.
(c) Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS, WITH REGARD TO THE SERVICES DESCRIBED OR PROVIDED. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, SAFE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME OR ALL OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, VENDORS, SERVICE PROVIDERS, AFFILIATES OR AGENTS (“REPRESENTATIVES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, SAVINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EACH OF BAMBU’S, ITS REPRESENTATIVES’ TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT THIS SECTION 12, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED ONE HUNDRED DOLLARS ($100.00).
BAMBU DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS AND SUPPLIERS.
THIS SECTION SHALL APPLY EVEN IF BAMBU AND/OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, OR DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER LEGAL THEORY OF LIABILITY OR MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THOSE STATES OR JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF BAMBU, ITS REPRESENTATIVES, OR THE SPONSOR BANK IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You acknowledge and agree that you are personally responsible for your conduct while using the Services, and to the fullest extent permitted by applicable law, except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us, our Representatives and Sponsor Bank from and against all claims, losses, expenses, liabilities, damages and costs (including, but not limited to, court costs, legal fees, awards or settlements, and direct, incidental, consequential, exemplary and/or indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Services, any misrepresentation made by you or any violation by you of the terms of this Agreement. Notwithstanding the foregoing, the indemnification shall not apply to claims based on Bambu’s own willful, wanton, or intentional misconduct.
You further agree that you will cooperate as fully as required by us in the defense or settlement of any claim that is subject to the foregoing indemnification obligation.
14. Notice to New Jersey Users
Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth in Sections 12 and 13 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of the Agreement shall remain binding on you and Bambu. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in the Agreement, nothing in the Agreement is intended to, nor shall it be deemed or construed to limit any rights available to you under the Truth-in-Consumer Contract Warranty and Notice Act.
15. Notice to California Users
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to firstname.lastname@example.org. Users may also contact us by writing to Bambu Systems, LLC, 6000 Poplar Avenue, Suite 400, Memphis, TN 38119. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. DISPUTE RESOLUTION; SPECIAL ARBITRATION PROVISION FOR UNITED STATES USERS
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(a) Initial Dispute Resolution: We are available by email at email@example.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration; Initiation of Arbitration Proceeding/Selection of Administrator: If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 16(a) above, then either party may initiate binding arbitration. Except as provided under Section 16(b), all claims shall be resolved by binding arbitration pursuant to this Arbitration Provision and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Code”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Agreement shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267.
(c) Significance of Arbitration: THE PARTIES UNDERSTAND THAT, UNLESS YOU ELECT TO OPT OUT IN ACCORDANCE WITH SECTION 14(I) BELOW, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE. YOU UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(d) Class Action and Class Arbitration Waiver; Restrictions on Arbitration: You and Bambu each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Bambu each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 16(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
(f) Survival: This Arbitration Provision shall survive termination of your use of the Services, and any bankruptcy by you or us.
(g) Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(h) Exception – California Private Attorneys General Act (PAGA) Action: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
(i) 30 Day Right to Opt-Out: You can opt out of this agreement to arbitrate by sending a written letter to [insert address] within thirty (30) days of first registering your account, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section 16. Your letter to opt-out of arbitration must include your (a) name, (b) user name, (c) mailing address, (d) email address, and (e) express request to opt-out from the arbitration agreement set forth in this Section 16. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in the Agreement shall continue to apply to your use of the Service.
(j) Exclusive Venue for Litigation: To the extent that the arbitration provisions set forth in Section 16(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York County, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York County, New York for any litigation other than small claims court actions. In the event of litigation relating to the Agreement, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
17. Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY THE LAW OF THE STATE OF NEW YORK (WITHOUT REGARD TO NEW YORK’S CHOICE OF LAW RULES) EXCEPT TO THE EXTENT PREEMPTED OR GOVERNED BY FEDERAL LAW.
18. Availability and Interruptions of our Services
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect our Services, such as events in nature and other force majeure events. You acknowledge and agree that you are not entitled to any compensation related to any interruptions to our Services. We do not offer a service level or uptime guarantee with our Services.
19. Entire Agreement
Unless a mutually executed agreement between you and us states otherwise, this Agreement makes up the entire agreement between you and us regarding Bambu and our Services, and supersedes any and all prior or contemporaneous communications and proposals, whether electronic, oral or written between the parties and with respect to any Services provided by Bambu. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Services, or use or access the services, content or software of our affiliates, third parties or collaborating partners, or enter our sweepstakes, promotions, or contests.
20. Other Provisions
(a) Translations of this Agreement: This Agreement is written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Agreement conflicts with the English version, the English version controls.
(b) Assignment: All of our rights and obligations under this Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You may not assign, delegate or transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
(c) No Third Party Beneficiaries: Except as contemplated herein, this Agreement does not give any third party beneficiary rights.
(d) Waiver: If we fail to enforce or exercise any right or provision of this Agreement, it will not be considered a waiver of such right or provision. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
(e) Reservation of Rights: We reserve all rights not expressly granted by us to you.
(f) Consumer Rights: In certain jurisdictions, you may have legal rights as a consumer, and this Agreement is not intended to limit any consumer legal rights that may not be waived by contract.
(g) Headings: The section titles in this Agreement are for your convenience only and have no legal or contractual effect.
(h) No Modifications by Our Employees: If any of our employees offers to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
(i) Survival: The following provisions will survive any termination of this Agreement or your relationship with Bambu: “Changes to this Agreement and the Services” (Section 1), “Limitation of Liability” (Section 12), “Indemnification” (Section 13), “Dispute Resolution; Special Arbitration Provision for United States Users” (Section 16), “Governing Law” (Section 17), “Availability and Termination of our Services” (Section 18), “Entire Agreement” (Section 19), and “Other Provisions” (Section 20).
(j) Contact Information: If you have any questions about this Agreement or your account, please contact us at firstname.lastname@example.org.
Last modified: June 17, 2019
A cookie is a small file which is downloaded to your browsing device (such as a computer or mobile device) and is placed on your device or computer’s hard drive when you visit our website or Services. Cookies help analyze web traffic or let you know when you visit a particular site. Cookies allow websites and web applications to recognize your browsing device so as to respond to you as an individual. The website or web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. A cookie cannot read data off your hard drive or read cookie files created by other websites.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer, by following the instructions below for managing cookies. Disabling or deleting cookies, however, may prevent you from taking full advantage of our websites.
In addition to cookies, we may use other similar technologies, like web beacons, flash cookies, or pixels to track how you use our Services. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. We may also use so-called “flash cookies” (also known as “Local Shared Objects” or “LSOs”) to collect and store information about your use of our Services. Flash cookies are commonly used for advertisements and videos. We will generally refer to cookies, web beacons, and flash cookies as “cookies” in this policy
We generally treat information collected by cookies and other tracking technologies as non-Personal Data. However, to the extent that IP addresses or similar identifiers are considered Personal Data by local law, we treat cookie information with identifiers as Personal Data.
Information that may be collected by cookies when you use the Services may include, without limitation:
* the pages you visit within the Services;
* the date and time of your visit to the Services;
* the amount of time you spend using the Services;
* the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
* your computer and connection information such as your browser type and version, operating system and platform.
The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing).
a. First and Third-Party Cookies
When you access our Services, we or companies we work with may place cookies on your computer or other device. These technologies help us better understand user behavior, and inform us about which parts of our websites people have visited.
We may use both first-party and third-party cookies on our Services. First-party cookies are cookies that are placed on your device by us, while third-party cookies are set by parties other than Bambu. Third-party cookies are operated by third parties that can recognize your device both when it visits our Services and when it visits other websites or mobile apps. Bambu does not control how third-party cookies are used, and we encourage you to check the websites of any third-party cookie providers for more information about how they use cookie information.
How to manage or disable cookies
To manage cookies and similar tracking technologies:
* First-Party Cookies. You can use the browser with which you are viewing this website to enable, disable or delete cookies to the extent there are any. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools”, or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
* Third-Party Cookies. To the extent we use them, you can opt-out of third-party advertising networks and similar entities that use targeting/advertising cookies, go to http://www.aboutads.info/choices. Once you click the link, you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers.
* Do Not Track. Some Internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for DNT signals have not been adopted, our Site does not currently process or respond to DNT signals.
* Flash Cookies. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the website storage settings panel. You can also control Flash Cookies by going to the global storage settings panel and following the instructions. Setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.