Terms and Conditions
This Agreement is a binding contract between an end-user customer (“Customer”) and Bamboo Cricket, Inc. and governs Customer’s use of the applicable service, information, or product (“Product”). Use of the Product constitutes Customer’s consent to these Terms and Conditions. Do not use the Product if you find the Terms and Conditions unacceptable. Bamboo Cricket, Inc. reserves the right to change these terms from time to time upon reasonable notice to Customer. Any use of the Product for the use as a bundled product or for any resale whatsoever is strictly prohibited pursuant to this agreement. An individual or company wishing to resell the Product or wishing to bundle the product may contact Bamboo Cricket, Inc. to enter into an agreement on mutually acceptable terms and conditions.
- Customer Responsibilities. Customer agrees and warrants that all information or data which Customer receives from Bamboo Cricket, Inc. or any subsidiary, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, fax broadcast, e-mail transmission, direct marketing, consumer lending, and employment. Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances. Customer shall be solely responsible for the use of the Product and information contained therein. Customer shall indemnify and hold harmless Bamboo Cricket, Inc. , and any subsidiary corporation, against any loss, liability, damage, cost or expense, including reasonable attorneys’ fees, suffered or incurred by Bamboo Cricket, Inc. , and/or any subsidiary corporation, arising out of or in any way related to the breach of this Customer warranty or the Agreement. Customer acknowledges that Bamboo Cricket, Inc. is a member of the Direct Marketing Association (DMA) and warrants that Customer will strictly comply with all applicable laws and DMA guidelines. In addition, Customer acknowledges that the Customer has read the Bamboo Cricket, Inc. Privacy Statement and will comply with all other terms and policies therein. Customer makes a special warranty, without limiting any other specific or implied Customer responsibilities, that any list or information provided to Bamboo Cricket, Inc. for amending and receiving email on behalf of Customer has been collected in compliance with the CAN-SPAM Act of 2003 and all other laws and regulations. Customer further warrants that no recipient will consider the service spam. “Spam” means “Unsolicited Bulk Email.” “Unsolicited” means that the recipient has not granted verifiable permission for the message to be sent. “Bulk” means that the message is sent as part of a larger collection of messages, all having substantively identical content. Customer has the sole duty of receiving an explicit “opt-in” from each recipient prior to forwarding information to Bamboo Cricket, Inc. for commencement of the service. Failure to uphold this duty, or an abundance of spam complaints as determined solely by Bamboo Cricket, Inc., may result in an immediate termination of the service and a full forfeiture of all Customer’s payments and owed charges.
- Disclaimer of Warranty and Limitation of Liability. The Product is provided on an “as is” basis. Bamboo Cricket, Inc. does not assure or warrant the correctness, comprehensiveness or completeness of the Product or any information therein, and Customer agrees and acknowledges that Bamboo Cricket, Inc. shall not be liable for any loss or injury caused in whole or in part by contingencies beyond its control. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, BAMBOO CRICKET, INC. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BAMBOO CRICKET, INC. IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, BAMBOO CRICKET, INC. EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT. CUSTOMER EXPRESSLY AGREES THAT BAMBOO CRICKET, INC. SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES) WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE AND/OR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. In no event shall Bamboo Cricket, Inc.’s entire liability exceed the total amount paid by Customer to Bamboo Cricket, Inc. under this Agreement. IN LIEU OF ANY AND ALL SUCH WARRANTIES, E Bamboo Cricket, Inc. HEREBY OFFERS THE FOLLOWING LIMITED WARRANTY: CUSTOMER SHALL HAVE 14 DAYS AFTER RECEIPT OF THE PRODUCT, TO INSPECT IT AND NOTIFY BAMBOO CRICKET, INC. OF ANY PROBLEMS OR MISTAKES. If Bamboo Cricket, Inc. has made a material mistake, then Bamboo Cricket, Inc. will correct the mistake at no additional charge. Or, in its own discretion, Bamboo Cricket, Inc. may refund a portion of the purchase price or the whole purchase price to compensate for the Product’s defect. If Customer does not notify Bamboo Cricket, Inc. within 14 days of its receipt of the Product of a problem or mistake, Customer then accepts the Product “as is.” After the 14 day period has elapsed, Bamboo Cricket, Inc. shall have no liability whatsoever to Customer. In addition, Customer acknowledges that Customer has read the Bamboo Cricket, Inc. Privacy Statement and will comply with all other terms and policies therein. Bamboo Cricket, Inc. will not retain any information originally provided by Customer except as needed to perform thi Agreement or as required by law. Neither party gains title to any information or data that it originally receives from the other.
- Choice of law, forum, and jurisdiction. This Agreement and any disputes arising hereunder, or otherwise related to the sale and/or use of the Product, or any portion thereof, shall be governed by the internal laws of the state of Florida , without regard to any conflicts of law principles. Both Bamboo Cricket, Inc. and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of this Agreement, or otherwise relating to the sale of the Product shall be commenced only in the state or federal courts located within Palm Beach County, Florida , and each party to this Agreement consents to the exclusive jurisdiction of such courts.
- General. The terms herein, along with the policies explained within the Bamboo Cricket, Inc. Privacy Statement and the Bamboo Cricket, Inc. Rules of Use, sets forth the entire understanding (Agreement) between the customer and Bamboo Cricket, Inc. and supersedes all previous agreements, provisions or representations relating to the foregoing. If any provision of this Agreement shall be found to be unlawful, void or unenforceable for any reason, that provision shall be deleted from this Agreement and such deletion shall not affect the validity and enforceability of the remaining provisions.
- Payment and Term. Customer agrees to pay Bamboo Cricket, Inc.a fee or multiple fees in accordance with the billing terms in effect at the time a fee is due and payable. Any and all fees are nonrefundable. Customer’s acceptance of this Agreement constitutes its authorization for Bamboo Cricket, Inc. to automatically charge the credit/debit card provided by Customer. Customer agrees to provide Bamboo Cricket, Inc. with complete and accurate billing and contact information, including: name, street address, e-mail address, and name and telephone number of authorized billing contact. Customer agrees to provide Bamboo Cricket, Inc. with updated information within 30 days of any change to billing information. If billing information is determined to be fraudulent, Bamboo Cricket, Inc. may immediately terminate this Agreement, and it reserves the right to pursue any and all legal remedies. If Customer’s payment is declined, Bamboo Cricket, Inc. may restrict Customer’s ability to use the payment method that was declined. Failure of the recurring payment process does not absolve Customer’s payment obligations under this Agreement.
- Cost of collection and enforcement. Any individuals accepting this Agreement on behalf of the parties represent and warrant that they have the power and authority to execute this Agreement and bind their respective parties. ANY INDIVIDUAL AGENT, OFFICER OR REPRESENTATIVE OF THE CUSTOMER THAT ACCEPTS OR VALIDATES THIS AGREEMENT ON BEHALF OF THE CUSTOMER MAKES A PERSONAL GUARANTY TO BE HELD JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER. All past due payments, including any payments which have been accelerated pursuant to this paragraph, shall incur interest at the rate of one and one-half percent (1.5%) per month. Customer agrees to reimburse Bamboo Cricket, Inc. for all costs and expenses, including but not limited to, reasonable attorney fees and costs of collection, incurred by Bamboo Cricket, Inc. in connection with the enforcement of this Agreement or any provision hereof. If at any time Customer has failed to pay two or more payments, Customer will be in default and the full balance due, including but not limited to all reasonably anticipated payments, and these payments shall immediately become due and payable.
Last Updated: July/09