Terms and Conditions Agreement
Last updated: June 7, 2021
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at https://www.bamboorewards.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Terms and its modifications. Except as provided in this paragraph, the Terms may not be amended.
1. Acceptable Use
You agree to the following conditions of use of the Site:
- Improper Use of the Site: You shall not use the Site in any manner prohibited by any federal, state, or local laws, rules, and/or regulations. Without limiting the foregoing, you shall not use the Site for any abusive, fraudulent, or deceitful purpose, in any way that damages, access, or trespasses Bamboo’s property.
- Utilization of Network Resources: The abuse, misuse, disruption, degradation, and/or other compromise of Bamboo’s network resources and services by any User is prohibited.
2. Access to Site
By using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of Bamboo Rewards, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Bamboo Rewards, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Bamboo Rewards, (d) have full power and authority to enter into and perform these Terms, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of Bamboo Rewards, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site
3. Description of Service
Bamboo Rewards is providing User with loyalty rewards software (“Services”). User must provide (1) all equipment necessary for use of the Services, including without limitation mobile phones, tablets, and/or computers and (2) create a user account to access Services, and (3) pay any fees related to Services.
4. Disclaimer of Warranties
The Site is provided by Bamboo Rewards on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Bamboo Rewards makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Bamboo Rewards shall have no liability for any interruptions in the use of this Site. Bamboo Rewards disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
You shall indemnify, defend, and hold harmless Bamboo from and against any and all claims, losses, costs, expenses (including attorneys’ fees), injuries, demands, damages, actions, suits, and/or proceedings whether civil, criminal, administrative, or investigative (collectively, “Claims”) related to or arising out of: (i) your negligence or willful act or omission; (ii) your misuse of the Site; (iii) your breach of any term, condition, representation, warranty, duty, and/or obligations set forth in the Terms; (iv) any libel or slander by you; and/or (v) infringement of any patent, copyright, trademark, trade name, or service mark arising out of your Messages or other use of the Site. You agree to notify Bamboo promptly, in writing, of any Claims, threatened or actual, and to cooperate in every reasonable way to facilitate the defense or settlement of such Claims.
6. Modifications and Interruption to Service
Bamboo Rewards reserves the right to modify or discontinue the Service with or without notice to the User. Bamboo Rewards shall not be liable to User or any third party should Bamboo Rewards exercise its right to modify or discontinue the Service. User acknowledges and accepts that Bamboo Rewards does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Bamboo Rewards makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Bamboo Rewards makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts of Illinois
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on the Site, including the Site design, text, content, graphics, interfaces, and the selection and arrangements thereof is protected by copyright with all rights reserved. As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site. You may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of this Site without the prior written consent of Bamboo, which may be withheld, conditioned or delayed in its sole discretion. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by applicable law. Bamboo, its affiliates, and our licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, trademarks, know-how and trade secrets relating to the Site. Bamboo’s logos and name are trademarks of Bamboo and may be registered in certain jurisdictions. All other Bamboo names, marks, logos and symbols on this Site may be the trademarks of their respective owners. Except as expressly stated in the Terms, nothing in the Terms confers any license for any of Bamboo’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
You shall not at any time, directly or indirectly, disclose or use for your own benefit or gain any of Bamboo’s Confidential Information, as defined below, without Bamboo’s express written consent. You also agree that you will undertake all necessary and appropriate steps to ensure that the Confidential Information will be maintained confidential. Upon termination of the Terms, you agree that all Confidential Information and any other documents, records, notebooks, and similar repositories containing any information or other property of Bamboo shall be destroyed immediately. “Confidential Information” includes, but is not limited to: (a) User-specific information; (b) information that is clearly marked or otherwise designated as confidential when disclosed; and (c) other information normally understood to be confidential and not fully disseminated in the public domain.
11. User Content
You may submit questions, requests, messages, comments, ideas, or other related content (“Messages”) about the Site or Bamboo’s products to Bamboo through the Site. By submitting Messages or other related content, you agree that your submission of Messages is gratuitous, unsolicited and without restriction and will not place Bamboo under any fiduciary duty or other obligation, including obligation to response to Messages, that Messages do not contain the confidential or proprietary information of third parties, and that Messages shall be the sole property of Bamboo which Bamboo is free to use without any compensation to you and to disclose on a non-confidential basis or otherwise to anyone. By submitting Messages to Bamboo through its Site, You are granting the Bamboo a license to, among other things, use, publish, modify the Messages. You represent and warrant that You own the Messages and otherwise control the rights to any submission or grant of a license to Bamboo.
12. Certain Disclaimers, Limitations and Exclusions
These Terms and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Bamboo to store, backup, retain or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Bamboo is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with these Terms, including but not limited to: (i) your use of or your inability to use the Site; (ii) delays or disruptions in the Site; (iii) viruses or other malicious software obtained by accessing or linking to the Site; (iv) glitches, bugs, errors or inaccuracies of products of services of any kind in the Site; (v) the content, actions or inactions of third parties’ use of the Site; and (vi) your need to modify practices or behavior as a result of changes to the Terms.
YOU USE THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE, OR NON-INFRINGEMENT. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD- PARTY OR THE ACCURACY OF ANY CONTENT POSTED ON THE SITE BY A THIRD PARTY, INCLUDING ANY USER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOUR SOLE REMEDIES HEREUNDER ARE AS EXPRESSLY SET FORTH IN THIS SECTION. IN NO EVENT WILL BAMBOO OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS OR LICENSORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF BAMBOO OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST BAMBOO IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES.
If, notwithstanding the limitations of liability, Bamboo, our affiliates, our licensors or our suppliers are found liable for any loss or damage which arises out of or in any way connected with the Terms or services or operation of this Site, then liability will in no event exceed the lesser of: (1) $50 or (2) any charges retained by Bamboo with respect to the affected User during the three-month period preceding the date of the origination of the User’s claim.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Bamboo, its affiliates and their respective suppliers and licensors.
Certain state laws do not allow exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have other rights, which vary from state to state.
13. Emails and Text Messages
By agreeing to these Terms, you authorize us, our assigns, successors or servicing agents to send Email and/or short message service (“SMS”) notifications or messages to any phone number(s) provided to us by you, in connection with your relationship with us. This applies to any phone numbers you provide now or in the future. As used in this Terms “Notifications” means any SMS (text message), email message or equivalent communications from us to you pertaining to your relationship with Bamboo Rewards, including but not limited to payment information, account information, loyalty rewards information, marketing, user account information and other relevant information pertaining to your account.
If You elect to receive Notifications to your mobile device and/or email as part of the Site or services, You hereby authorize Bamboo to send Notifiactions to You and agree to be bound by the additional terms set forth on our Site. To elect to receive Notifications on a mobile device, You must be, and warrant that You are, the authorized user of the mobile device. SMS messages may be received on mobile devices utilizing the wireless carriers identified on our Site. You acknowledge that You have the option for the term of this agreement to opt-in oropt-out of receiving Notifications. For assistance with Notifications issues, You may email email@example.com, or text HELP to (833) 968-7847. To opt-out of receiving SMS messages, You must text STOP to (833) 968-7847. To opt-out of receiving email messages, You must email firstname.lastname@example.org with UNSUBSCRIBE in the subject line. The number of Notifications received by You will vary depending upon Site activity. Your receipt of Notifications, including without limitation SMS messages, may result in You incurring additional messaging or data fees from your wireless carrier for which You are solely liable.
14. Term and Termination
the Terms will become effective upon your first time accessing the Site and will remain in effect until terminated pursuant to the terms hereof or for so long as the Site is in existence. Unless both you and Bamboo agree otherwise in writing, either of us may terminate this the Terms in our sole discretion, at any time, without explanation, upon written notice, except as otherwise provided below. Without limiting any other provisions of the Terms, the termination of the Terms for any reason will not release you from any obligations to Bamboo incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
Without limiting Bamboo’s other remedies, it may temporarily or indefinitely suspend or permanently revoke your access to the Site if: (a) you breach the letter or spirit of any Terms; (b) Bamboo suspects or becomes aware that you have provided false or misleading information to Bamboo or any User; (c) Bamboo believes, in its sole discretion, that your actions may cause legal liability for you, any Users, or Bamboo or its affiliates; may be contrary to the interests of the Site or Bamboo; or may involve illicit activity; or (d) otherwise reasonably determines that doing so is in the best interests of Bamboo and/or its Users.
Without limiting Bamboo’s other remedies, if you engage in actions or activities that damages the Site, you must pay Bamboo for all amounts owed to Bamboo and our affiliates and reimburse Bamboo for all losses and costs (including any and all time incurred by employees and contractors of Bamboo or its affiliates) and reasonable expenses (including attorneys’ fees) related to investigating such actions. In addition, violations of the Terms may be prosecuted to the fullest extent permitted by the law and may result in additional penalties and sanctions.
Bamboo Rewards shall use reasonable precautions to maintain the confidentiality of the information you have provided to us and information you have created, inputted or developed in connection with your use of the Services, but because such information can be accessed through the internet, you hereby acknowledge and agree that there can be no assurance that the information, any Information provided to you through the Services or any communication through email will remain secure. In addition, Bamboo Rewards may disclose such information to its employees, representatives, officers, agents, advisors and affiliates, as well as a governmental or regulatory entity, the service providers or any other third party agent or service provider
i. for any purpose related to the conduct of Bamboo Rewards’ business or to the offering, providing or maintaining of the Services,
ii. to comply with applicable rules, orders, subpoenas or other legal process, or in
order to give information to any government agency or regulatory body requesting such information, or
iii. for any other legitimate business purpose.
If any part of the Terms is held invalid or unenforceable, that portion of the Terms shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Bamboo, and the remaining portions shall remain in full force and effect. The failure of Bamboo or its suppliers to enforce the Terms, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
PLEASE PRINT THESE TERMS AND RETAIN A COPY FOR YOUR RECORDS.
17. Other Terms
A. Force Majeure: Bamboo shall not be liable to any User for any delay, failure in performance, loss, or damage to the extent caused by force majeure conditions such as acts of God, fire, explosion, power blackout, cable cut, act of terrorism, epidemic, acts of regulatory or governmental agencies, unavailability of right-of-way, spectrum interference, electrical storms, heavy precipitation, excessive weather conditions, unavailability of services or materials upon which the Site relies, or other causes beyond the Bamboo’s reasonable control.
B. Assignment and Transfer: You are strictly prohibited from assigning any right, obligation or duty, in whole or in part, and/or of any other interest hereunder, without the prior written consent of Bamboo, of which consent can be withheld for any reason. Bamboo may assign its rights and obligations hereunder to any party or entity without any party’s consent. All obligations and duties of a User under the Terms shall be binding on all successors in interest and assigns.
C. Entire Understanding: the Terms constitutes the entire understanding between you and Bamboo related to the subject matter hereof, and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Site.
D. Survival: The rights and obligations of a User, that by their nature would continue beyond the expiration or termination of the Terms, including without limitation representations and warranties, indemnifications, and limitations of liability, shall survive termination or expiration of the Terms.
E. No Waiver: No failure by Bamboo to enforce any rights hereunder shall constitute a waiver of such right(s).
F. No Agency: No User is an agent, representative, or partner of Bamboo or is able to bind Bamboo. the Terms shall not be interpreted or construed to create an association, agency, joint venture, or partnership between such parties.
G. Article Headings and Pronouns: The article headings used herein are for reference only and shall not limit or control any term or provision of the Terms or the interpretation or construction thereof. The singular form denotes the plural and the masculine form denotes the feminine, and vice versa, wherever appropriate.
H. Questions: If you have any questions regarding the Site, the Terms or the Privacy
Policy, you may contact email@example.com