TERMS OF USE

Date of Last Revision: June 12, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These Terms of Use govern your access to, and use of, the Bamboo Learning Web site located at www.bamboolearning.org (the “Site”), owned by Bamboo Learning, Inc. (“Bamboo Learning") and its technology platform, including but not limited to all services provided by Bamboo Learning through the Amazon Alexa Skills platform (the “Alexa Skills Services”).  The Site and technology platform, shall be referred to as the “Platform”.  

Bamboo Learning reserves the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Bamboo Learning Web site or Platform. Your continued use of the Bamboo Learning Platform following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Platform. If you do not agree to the amended terms, you must stop using the Platform. You warrant and attest that the persons providing personally identifying information are at least 18 years of age. 

All other questions or comments about the Platform should be directed to info@bamboolearning.org.

1. Privacy Policy and Feedback

Please refer to our Privacy Policy for information on how Bamboo Learning collects, uses and discloses personally identifiable and other information from users of its Platform.

If you provide Bamboo Learning with any feature requests, comments, suggestions or other feedback ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.

2. Copyright and Limited License

Unless otherwise indicated, the Platform and all content on the Platform, including, without limitation, any Bamboo Learning logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the property of Bamboo Learning, its licensors, or its customers and are protected by U.S. and international copyright laws.

To the extent that Bamboo Learning grants you access, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform. Such license is subject to these Terms of Use and does not include or authorize: (a) any resale or commercial (non-personal) use of the Platform or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Platform or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the  Platform; (e) downloading (other than page caching) of any portion of the Platform, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Bamboo Learning’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform; or (g) collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes; (h) use of any portion of the Platform as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Platform or the Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bamboo Learning, in writing. Any use of the Platform or the Materials other than as specifically authorized herein, without the prior written permission of Bamboo Learning, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. Account Registration; Consent to Receive E-Mails and Notice

The Site gives you the option to register an account.  By entering your e-mail address during the registration process, you agree to receive Bamboo Learning’s email communications, including, but not limited to, Bamboo skills user reports. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent.  The notice address of Bamboo Learning shall be info@bamboolearning.org (or such other address as is provided by Bamboo Learning to you) and your notice address for the receipt of notices pursuant to this Agreement shall be any e-mail address you have provided by signing up for Bamboo Learning’s email communications, including, but not limited to, Bamboo skills user reports. You also agree, unless you opt out, to receive other newsletters and marketing e-mails that Bamboo Learning may distribute in the future.

4. Trademarks

Bamboo Learning has certain trademark and other proprietary rights to the names “Bamboo” and/or “Bamboo Learning,” associated logos, and other words and logos appearing on the Site with ® or ™ symbols.  Such marks are trademarks of Bamboo Learning, Inc. or its affiliates.  They may not be used or imitated, in whole or in part, without the prior written permission of Bamboo Learning. You may not use any metatags or any other “hidden text” utilizing said trademarks or any other name, or product or service name of Bamboo Learning without our prior written permission. In addition, the look and feel of the Platform, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bamboo Learning and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos displayed through the Platform are the property of their respective owners.

 5. Hyperlinks

You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Platform, provided such link does not portray Bamboo Learning, any of its products and services, in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Bamboo Learning logo or other proprietary graphic to link to the Platform without the express written permission of Bamboo Learning. Further, you may not use, frame or utilize framing techniques to enclose any Bamboo Learning trademark, logo or other proprietary information, including the images found through the Platform, the content of any text or the layout/design of any page or form displayed through the Platform without Bamboo Learning' express written consent. Except as otherwise noted in this section, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of Bamboo Learning or any third party.

6. Third Party Content

Bamboo Learning or its customers may provide links to Web pages and content of third parties, such as Bamboo Learning’s partners and affiliates, as a service to those interested in such links and content, and Bamboo Learning may post third party content or allow users to post their content.  Bamboo Learning does not monitor or have any control over any Third Party Content or third party Web sites. Bamboo Learning does not endorse or adopt any Third Party Content or third party Web site and can make no guarantee as to its accuracy or completeness. Bamboo Learning does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Web sites. You understand that by using the Platform you may be exposed to content that you may find offensive, indecent, or objectionable, and you use links, Third Party Content and third party Web sites at your own risk.  When you leave the Bamboo Learning Platform, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site or services to which you navigate from the Bamboo Learning Platform.

7. Third Party Goods and/or Services

The Platform may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the “Third-Party Goods and/or Services”). Bamboo Learning does not monitor or have any control over such Third Party Goods and/or Services. Therefore, Bamboo Learning makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Goods and/or Service or the results obtained therefrom, and Bamboo Learning assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing same. You assume full responsibility for same and Bamboo Learning is not responsible or liable therefor.

8. Advertisements and Promotions

In the event Bamboo Learning runs advertisements or promotions from third parties as part of the Platform, your business dealings or correspondence with, or participation in promotions of, advertisers other than Bamboo Learning, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Bamboo Learning is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Platform.

9.  Digital Millennium Copyright Act

Bamboo Learning respects the intellectual property rights of others and expects users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement appearing on the Platform is:

Irina Fine

137 Montague Street, # 258

Brooklyn, NY 11201

info@bamboolearning.org

10. WARRANTY DISCLAIMERS

THE MATERIALS AND THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BAMBOO LEARNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. BAMBOO LEARNING DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE THROUGH THE PLATFORM, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BAMBOO LEARNING DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BAMBOO LEARNING IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE PLATFORM. WHILE BAMBOO LEARNING ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PLATFORM SAFE, BAMBOO LEARNING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

Bamboo Learning reserves the right to change or delete any and all content and any Platform at any time without notice.

11. Limitation of Liability

IN NO EVENT SHALL BAMBOO LEARNING OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE PLATFORM, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE  PLATFORM, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BAMBOO LEARNING, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BAMBOO LEARNING’S RECORDS, PROGRAMS, OR PLATFORM.

BAMBOO LEARNING MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE PLATFORM. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

12. Compliance with Laws

You represent and warrant that your use of the Platform shall comply with all local, state and federal laws.

13. Indemnification

You agree to defend, indemnify and hold harmless Bamboo Learning and its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, officers, regents, trustees, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to any User Content you post or your use of or inability to use the Platform, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct (including, without limitation, violations of rules and/or policies of schools, universities, leagues and other private organizations), your violation of these Terms of Service and violations of the rights of any third party. 

14. Term and Termination

This agreement shall continue until such time as either party terminates.  You may terminate without cause by sending written notice as provided herein.   Bamboo Learning has the right to terminate the Platform without cause only by providing thirty days prior notice as provided herein.  

15. Termination for Cause

Bamboo Learning may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement.  Any breach of your payment obligations or unauthorized use your account will be deemed a material breach of this Agreement. 

16. Dispute Resolution

The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles.  In the event of any controversy or claim arising out of or relating in any way to this contract, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association.  If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington.  The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal.  Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties.  It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed.  The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties.  Failure to adhere to this time limit shall not constitute a basis for challenging the award.  Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

Forum. Subject to the dispute resolution provisions of this Agreement, the parties irrevocably submit and consent to the exclusive exercise of jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Washington. The parties hereby irrevocably waive any and all objections w to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Washington.

Attorney’s Fees. If a suit in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

Waiver Of Class-Wide Proceedings: You agree that, by entering into these Terms of Use, you and we are each waiving the right to participate in a class action or class arbitration. Each party to these Terms of Use agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

17.  Interstate Nature of Communications

You acknowledge that in using Bamboo Learning Platform you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the service results in interstate data transmissions.

18. Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of Bamboo Learning but may be assigned without your consent by Bamboo Learning to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

19. Severability

If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

20. Relationship.

This Agreement does not establish a joint venture, partnership, employment, or agency relationship.

21. Waiver.

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

22.  Force Majeure.

If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

23. Entire Agreement.

This Agreement and Privacy Policy, constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the Platform and any acts or omissions of Bamboo Learning and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

24. Notice Regarding Electronic Commercial Services for California Users.

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.