Bamboo Health Terms and Conditions of Use
This Bamboo Health Terms and Conditions of Use (“Terms and Conditions”) describes your obligations when accessing or using our website www.bamboohealth.com and any other Bamboo Health websites or social media platforms such as Facebook, Twitter, LinkedIn, or Instagram (the “Sites”), however accessed.
Any references to “Bamboo Health,” “we,” “us,” “our,” or the “Company” is a reference to Bamboo Health, with headquarters in Louisville, Kentucky, U.S.A. The Sites are directed to residents of North America, and the laws of Kentucky and the United States apply.
1. Terms and Conditions of Use
By accessing the Sites, you accept the following Terms and Conditions. You are only authorized to use the Sites and their services if you agree to abide by all applicable laws and to these Terms and Conditions. We may revise these Terms and Conditions from time to time by posting changes to the Sites and indicating the date of the last revision. Any such revisions shall be effective when posted. Your continued use of the Sites following such changes constitutes your agreement to the modified terms.
Permission to use, copy and distribute the data, information or other content published by Bamboo Health on the Sites (collectively, the “Documentation”) is hereby granted on the condition that no part of the Documentation is used for commercial purposes and is strictly restricted to use for informational purposes. Some of the Documentation may be subject to copyright or other intellectual property rights.
3. Content Disclaimer
The Sites and all content published on the Sites are provided “AS IS” and “as available” without any representation or warranty of any kind either express or implied. Bamboo Health hereby specifically disclaims any and all representations and warranties, express or implied, regarding content, functionality, or materials or information provided by us through the Sites, including, without limitation, any warranty regarding infringement, ownership, accuracy, timeliness, completeness, and availability, and any implied warranties for merchantability or fitness for a particular purpose. Any Bamboo Health Documentation may include technical inaccuracies or typographical errors. Changes and additions may be made by Bamboo Health from time to time to any Documentation contained on the Sites.
The Bamboo Health Sites may include links to other third-party websites or resources (“Third-Party Sites”) offered by independent organizations that may or may not be affiliated with Bamboo Health. Bamboo Health has no control over these Third-Party Sites and does not endorse and is not responsible for any content, advertising, products, services, or other materials found on the Third-Party Sites.
4. Site User Engagement
4.1. Bamboo Health’s Responsibility for User-submitted Information
The Sites may act, in part, as a passive channel for online distribution of information submitted by visitors of the Sites (“User Submissions”). Certain parts of the Sites may contain User Submissions, such as discussion forums and comments on blog postings. Bamboo Health will not screen User Submissions in advance and is not responsible for screening or monitoring any posted material. The User Submissions may not reflect Bamboo Health’s views and Bamboo Health does not have any obligation to monitor, edit, or review any User Submissions. Bamboo Health assumes no responsibility or liability arising from User Submissions.
4.2. Appropriate Conduct When Submitting Information or Using or Accessing the Sites
You represent and warrant that information submitted by you on the Sites is true and correct and that you have the right to submit any such information. You agree that you will not use language and content which may be reasonably regarded as inappropriate by other users. Your use of the Sites and your submission of information on the Sites must comply with any and all applicable laws.
You are responsible for your own conduct and communications relating to the Sites and for any consequences thereof. You will be responsible for all obligations incurred, liabilities for harm caused, and actions taken through your use of or access to the Sites. You agree to access and use the Sites only to send and receive messages and material that are legal and are related to the lawful content on the Sites.
By way of example, and not as a limitation, you agree that when using the Sites, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms and Conditions or any other applicable policies or guidelines;
(e) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(f) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of content, software or other material;
(g) promote or provide instructional information about illegal activities;
(h) promote physical harm or injury against any group or individual;
(i) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
(j) download, share, access, or otherwise use the Documentation and/or any other content on the Sites for commercial purposes;
(k) rent, lease, loan, trade, or sell/re-sell the Documentation or access to the services or Documentation;
(l) remove any copyright, trademark, or other proprietary rights notices contained in or on the Sites or Documentation;
(m) use bots, scripts, or other automated methods to access the Sites or any of the services or Documentation;
(n) engage in “framing,” “mirroring,” or otherwise simulating the appearance of function of the Sites or any Documentation; or
(o) access the services and/or Documentation through interfaces not expressly provided or authorized by Bamboo Health.
4.3. Abusive User Submissions
Bamboo Health reserves the right to remove or change User Submissions which it determines, in its sole discretion, violates these Terms and Conditions without any liability to you or any user. Bamboo Health reserves the right to terminate your ability to access or use the Sites or any Documentation and prevent your further access to the service or Documentation, if it, in its sole discretion, believes that you are violating or have violated the Terms and Conditions or any applicable law relating to the Sites or Documentation.
You agree to indemnify and hold Bamboo Health harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Sites and/or Documentation, including, but not limited to, any violation of these Terms and Conditions.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE DOCUMENTATION AND/OR SITES, OR ANY WEBSITE OR APPS WITH WHICH EITHER IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE, THE AMOUNT YOU PAID BAMBOO HEALTH TO USE THE SITES. YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
No action, regardless of form, arising out of this agreement may be brought by you more than twelve (12) months after the cause of action first arose.
8. Choice of Law
The Sites, and these Terms and Conditions are made in Kentucky. These Terms and Conditions are subject to Kentucky law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the Commonwealth of Kentucky, Jefferson County. You agree to submit to the jurisdiction of the courts located in the Commonwealth of Kentucky.
Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.