Bamboo Terms of Use

These Terms of Use (the “Terms”) for the Bamboo application (“Bamboo”) are a binding contract between you and Nowbase, LLC (“Nowbase,” “us” or “we”) and, together with our Privacy Notice, govern your use of Bamboo and your interactions with Nowbase by any means (collectively, the “Services”). Additional, separate terms and conditions may apply to some aspects of the Services, which shall be included and considered part of these Terms. Any terms we use in these Terms without defining them have the definitions given to them in the Privacy Notice.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND NOWBASE. 

1. Acceptance. You accept and agree to be bound by these Terms by using the Services in any manner or clicking to accept or agree to the Terms where this option is made available to you in any agreement, electronic form, or user interface. If you do not agree with any of these Terms, do not use the Services. We may make changes to the Services or to these Terms at any time and you will be bound by such changes if you continue to use the Services. If you have any questions about these Terms or the Services, please contact us at support@nowbase.com. 
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2. Bamboo. Bamboo is a social media platform that allows registered users (“Users”) to create unique feeds for anything they care about, collaborate with other Users, monetize their User Content (defined in Section 6), and control the audience for fees or User Content by age, location, interests, invite-only, or other criteria. Users may download and use Bamboo for free or may subscribe to or purchase certain enhanced features that we may make available from time to time in exchange for the fees posted on our fee schedule. 
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3. Eligibility. To use the Services, you must be (a) at least 18 years of age or (b) at least 16 years of age and your legal guardian must give us prior express written consent to your use of the Services, as demonstrated by your legal guardian accepting these Terms on your behalf. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us for yourself or your child and that you meet all of the foregoing eligibility requirements. You may not access or use the Services if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our Services. If you do not meet all of these requirements, you must not use our Services.
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4. Registration. To use Bamboo or our other Services, you must register as a user and create an account on Bamboo. Information you provide and the selections you make during registration, and any changes thereto, are an integral part of and governed by these Terms. You are responsible for maintaining the confidentiality of your account information and login credentials and for restricting access to your account. You agree to not (a) register on behalf of another person without the legal authority to do so; (b) register under the name of another person; (c) choose a username that is offensive; (d) except for the purposes of parody, choose a username to impersonate another person (real or fictitious) or to pose as a representative of a person or entity when you are not; (e) choose a username for the purposes of deceiving or misleading our users and/or us as to your identity; or (f) choose a username that incorporates a solicitation. You are strictly prohibited from sharing your login credentials with any third party, or otherwise permitting a third party to use the Services via your account. You further agree to accept responsibility and liability for all activities that occur under your account whether lawful or unlawful and whether actually or expressly authorized by you. You must immediately notify us if your account is subject to unauthorized use.
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5. License Grant. As a user of Bamboo (“User”), we hereby grant you a limited revocable, nontransferable, nonexclusive license to access, view the information contained on, and interact with the Services for your own personal use in accordance with these Terms of Use (the “License”). You may only use the Services in accordance with the Community Guidelines and as expressly permitted by these Terms. The permissions described herein will terminate automatically if you breach any of these Terms. We reserve the right to establish and revise our Community Standards in our sole discretion. We also reserve the right to interrupt or restrict your access to Bamboo at any time, without notice to you, if we suspect you have violated our Community Standards or otherwise engaged in fraudulent, abusive, or unlawful activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe as set forth at our sole discretion. You also agree that we may report any activity that we suspect is unlawful to appropriate government authorities and to cooperate with any investigation conducted by any government authority. 
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6. User Content. You are responsible for any media, materials, attachments, digital goods or services, or other content (e.g., messages, images, documents, files, or other content) that you post or submit via the Services (your “User Content”). You agree to only post User Content that you own, are legally permitted to post, and that abides by our Community Standards. You understand that any User Content you make available may be viewed by and accessible to us and other Users. To the extent that support is provided for your User Content, you agree that you, and not Nowbase or our affiliates, are responsible for providing such support. We are not responsible for any of your User Content, including its use by another User. 
   
   We require licenses from you for that User Content to operate the Services. By posting User Content on the Services, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your User Content. You agree that we may use your User Content for marketing and promotion of the Services provided we do not use your trademarks without your prior approval. We reserve the right to remove any posts to the Services for any reason, but we have no obligation to police User activity. We further reserve the right to remove your User Content for any reason and to interrupt or restrict the Services at any time, without notice to you or any other Users, if we suspect activity that is unlawful, abusive, or otherwise in breach of these Terms. You represent that you are the owner of your User Content and/or have the necessary rights, licenses, and authorization to distribute it. 

7. Paid Content. You may use monetization features available on the Services such as posting your User Content for other Users to download or purchase access to in exchange for a fee, gain access to your User Content that you place behind a paywall, receive a license your User Content in exchange for a licensing fee (your "Paid Content") or send you tips. If you post Paid Content to the Services, you will receive the full amount of fees paid by the purchasing User in the form of currency or account credit, less the processing fees charged by our third-party payment processors. We do not collect a commission or other payment from your sale of your Paid Content. Fees and payments are governed by Section 11 herein.
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8. User Content Licenses. If you make your User Content available to other Users, whether for free or as Paid Content, you grant other Users a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with such User Content for the other User's personal, non-commercial use. If you access, purchase, or subscribe to another User's Paid Content: (i) you may not use such Paid Content for any commercial purpose or for any unlawful or wrongful purpose; (ii) you agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Paid Content or any portion of it or use it in any unauthorized manner; and (iii) you agree to not copy, translate, port, modify or make derivative works of any portion of the Paid Content without the User's express permission.
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9. Responsibility for User Content. You agree that Bamboo is only a passive conduit for online distribution and publication of User Content. We are not responsible for policing the Services or any User Content. We do not and will not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality thereof and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of your User Content is solely your responsibility. Without limiting the foregoing, we reserve the right to collect and store any User Content, as well as any files, documents, or data related thereto, uploaded or generated via the Services on our information systems indefinitely in order to track and analyze work performed using the Services, or for any other lawful purpose. To the extent permitted by law, we reserve the right to review and remove any or all User Content in our sole discretion, in whole or in part. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SERVICES BY YOU OR ANY OTHER USER.
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10. Community Forums. You are solely responsible for your posts, use, and any outcomes of your participation in discussion forums, listings, or comments sections on the Services ("Community Forums"). Any posts or other content you submit to a Community Forum is your User Content. You are also responsible for all use of and activity in the Community Forums through your username and password, whether by yourself or someone else. Please be aware that disclosure in the Community Forums of your full name, street address, or other personal information raises safety concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Forums.
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11. Fees and Payments. You agree to pay the costs and fees for all Paid Content as well as for any paid products or services we may offer from time to time that you purchase via the Services and other purchases you make on the Services, plus any applicable sales, use, excise, or other taxes (collectively, the "Fees"). Fee amounts are subject to change from time to time. Users are responsible for payment of any applicable use or sales taxes that may apply to a purchase via the Services. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to paid features on the Services. All Fees are in U.S. Dollars. PAID FEES ARE NONREFUNDABLE. 
    
    You must maintain a valid payment method on file with us, which is securely stored and processed via a PCI-DSS payment processor. If your payment method is a credit card, we may seek pre-authorization of your account to verify that the credit card is valid and has the necessary funds or credit available to cover your Fees. You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. You agree that we may charge your payment method on file with us for the Fees or other amounts due for any purchases you make via Bamboo, as well as any sales and use taxes and any late fees or interest that we may assert according to policies posted to the Services. If you select a subscription with automatically recurring payments, you authorize Bamboo to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your account.

12. Privacy Notice. You acknowledge that you have read and understand our Privacy Notice, which is incorporated into these Terms by this reference. By using the Services, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of our Services does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to our Privacy Notice. 
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13. Services Ownership. Unless otherwise expressly indicated, the information contained on the Services and any updates or improvements thereto are owned, controlled, or licensed by us or our affiliates or licensors, including, but not limited to (a) all platforms, software, and proprietary technology; (b) products, services, and related documentation available on the Services; (c) all features, functionality, ideas, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, and other materials; and (d) all names, logos, taglines, trade dress, copyrights, patents, trademarks, or other intellectual property (collectively, the “Materials”). Materials not owned or controlled by us are the property of their respective owners. The Materials are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. No license to or regarding any of the Materials is granted in connection with your use of the Services, except as specifically set forth in these Terms or the applicable license terms pertaining to certain of our Services. All rights that are not granted to you are reserved by us. Notwithstanding the foregoing, all content of the Services or Services provided by third parties is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Only a duly authorized officer of Nowbase may grant permission or a license to use any of our Materials; any attempted grant or similar promise by anyone other than our duly authorized officer is invalid.
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14. Copyright. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Materials without our prior written permission. You may only display, download, and print in hard copy format the Materials for the purposes of using the Services as an internal or personal business resource.  
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15. Trademarks. Our registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without our prior written permission. You may not use any meta tags or any other hidden text utilizing a name, trademark, or product name of Nowbase or Bamboo without our prior written permission. Third-party trademarks and service marks used on our Services are the property of their respective owners, and we use them with their consent.  We and the other licensors of the marks on our Services reserve all rights with respect to all Materials and all intellectual property.
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16. Feedback. You may from time to time provide us with communications, suggestions, comments, materials, improvements, ideas, or other feedback related to the Services (“Feedback”). You hereby grant us all rights, titles, and interests in and to any Feedback you provide to us. In the event this grant is not sufficient for us to fully realize and use the Feedback, you additionally grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services or our website any of the Feedback. By providing Feedback, you represent that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with any third party.
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17. Use Restrictions. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion thereof (including our Materials) or use it in any manner not expressly authorized by these Terms. You may not commercialize the Services or use the Services in any manner that violates our Community Standards or for any unlawful or wrongful purpose. You further agree not to copy, translate, port, modify, or make derivative works of any portion of the Services. We reserve the right to cancel your account, suspend or terminate your access to or use of the Services, or take legal action if you violate these Terms in any manner.
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18. Security Features. You are strictly prohibited from violating or trying to violate the security features of the Services, such as by (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Services or any activity being conducted on the Services. You further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on this Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
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19. Support. We may provide technical support, upgrades, or modifications of the Services in our sole discretion. We may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. We may release new versions of the Services and require you to use the new version of the Services. Your use of new releases or versions of the Services will be acceptance of all modifications of the Services. We may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.
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20. Third Party Rights. We take the rights of others very seriously. If you have any concerns that your User Content or other content made available by third parties via the Services is improper or infringing, please contact us at support@nowbase.com. If you would like the reported content removed, please provide (a) a detailed description of the content, including where it is located; (b) a statement that you have a good faith belief that the third party does not have permission to use the content; (c) a statement that you are the owner, or exclusive agent of the owner, of the content; (d) your contact information, including telephone number and physical address; and (e) a signed and sworn statement, under penalty of perjury, that your statements above are true.
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21. Links to Other Platforms. Links to third-party platforms from the Services are provided solely for your convenience. We are not responsible for the content of any other platforms, nor do we make any representations about the content or accuracy of material on any other platforms. The inclusion of any linked platform on our Services does not imply our approval or endorsement thereof. If you click through to other platforms, you do so at your own risk, and you will be subject to that website’s privacy practices and not ours. Any concerns regarding any such website, or a hyperlink thereto, should be directed to the website’s owner or operator.
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22. Disclaimer of Warranties. YOU USE THE SERVICES AT YOUR OWN RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS WITH ALL FAULTS AND DEFECTS. WE MAKE NO WARRANTIES OR WARRANTIES OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE FURTHER DISCLAIMS ANY WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR OFFICERS, EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by us, your sole remedy for such reliance is against the third person making such representation or warranty.
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23. Indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold us harmless, as well as our subsidiaries and our affiliates, and their respective members, directors, shareholders, officers, agents, partners, and employees, from any and all loss, liability, cost, expense, claim, damages, or demand (collectively, “Claims”), due or relating to or arising out of your (a) use of the Services; (b) provision of data to us; (c) breach of these Terms, or (d) breach of representations and warranties set forth in these Terms. We have no obligation to indemnify or defend you against claims related to infringement of intellectual property rights.
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24. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY; BUSINESS INTERFERENCE; BREACH OF CONFIDENTIALITY; LOSS OF USE; LOSS OR COMPROMISE OF DATA, PROFITS OR GOODWILL; BUSINESS INTERRUPTION; COMPUTER FAILURE OR MALFUNCTION; PROPERTY DAMAGE; OR OTHER DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENT OF THE SERVICES BY YOU OR ANY OTHER PARTY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING PROVISIONS OR THE PROVISIONS OF OUR PRIVACY NOTICE IN ANY WAY, THE LIMIT ON TOTAL CUMULATIVE LIABILITY OWED BY US TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO A MAXIMUM OF THE AMOUNT YOU HAVE PAID US FOR THE SERVICES OR ACCESS TO OUR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO SUCH LIABILITY OR $100, WHICHEVER IS LESS. 
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25. Dispute Resolution. THIS SECTION CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy, or claim between you and us arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services to you; (3) your access to or use of the Services; or (4) any alleged violation of applicable laws (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
    
    a) Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting support@nowbase.com. We will contact you by email as part of a good-faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or we may bring a formal proceeding.
    
    b) Arbitration Agreement. The parties hereto agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association according to its Commercial Arbitration Rules and Mediation Procedures. Arbitration will be held in Wilmington, Delaware, or any other location to which Nowbase agrees. The Arbitration Service of Portland rules will govern the payment of all arbitration fees. Either Party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
    
    c) Class Action Waiver. You may only resolve Disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
    
    d) Governing Law. Except as otherwise required by Applicable Law, these Terms, the relationship of the Parties, and Disputes (as described above) will be governed by the laws of the State of Delaware (without regard to conflicts of law principles). The Parties agree that these Terms affect interstate commerce and that the interpretation and enforceability of the Disputes section above shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by applicable law.
    
    e) Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

12. General Terms
    
    a) Geographic Restrictions. Bamboo and our other Services are owned and operated in the United States. Access to the Services may not be legal by certain persons or in certain jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
    
    b) Relationship of Parties. The parties hereto are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services. 
    
    c) User Disputes. You understand and agree that we are not a party to any dispute between Users. If you have a dispute with another User, you hereby release us from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
    
    d) No Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from us. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent. 
    
    e) Waiver. Any failure by us to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. 
    
    f) Force Majeure. We shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, pandemic, or government requirements.
    
    g) Enforcement. We reserve the right (but is not required) to remove or disable your access to the Services, disable your login credentials, or remove your data from our systems at any time and without notice, and at our sole discretion if we determine that your use of the Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
    
    h) Notices. We may send notices pursuant to these Terms to you via the e-mail address listed on your account, and such notices will be deemed received the same day they are sent. You may send notices pursuant to these Terms to support@nowbase.com, and such notices will be deemed received three days after they are sent.
    
    i) Severability. These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms is held to be invalid or unenforceable to any extent, then (i) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (ii) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (iii) the invalidity or unenforceability of the provision will not affect any other portion of these Terms.
    
    j) Entire Agreement. These Terms and any additional or separate terms and conditions presented to you related to your use of The Services constitute the entire agreement between the Parties with regard to the subject matter herein. We may amend these Terms by updating this page and changing the “Last Updated” date. After you accept these Terms, the then-current version shall apply each time you access or use the Services. Your failure to comply with these Terms in any manner may result in the termination of your access to the Services. We reserve the right to terminate these Terms or all or part of the Services at any time, without prior notice to you.
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13. Term. These Terms are effective on the first date that you access the Services in any manner and continue until you terminate these Terms by canceling your Bamboo account and deleting Bamboo from your device or the date we terminate these Terms, whichever occurs first. In addition to and without limiting the foregoing, we reserve the right to deactivate, ban, disallow, cancel, or discontinue a User’s use of the Services if we determine, in our sole discretion, that the Services have been misused, or for the purpose of enforcing the terms of these Terms or our Privacy Notice, or for any other reason which we, in our sole discretion, deem necessary to preserve our intellectual property and/or commercial rights or to prevent any further or potential damages to us or our representatives. Sections 9 through 11, 13 through 17, and 22  through 28 shall survive termination of these Terms.
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14. Consent to Do Business Electronically. By accessing our Services, creating a Bamboo account, typing your name into any of our electronic forms and indicating your acceptance, or submitting information by clicking a box, you consent to (a) us communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a web-enabled device, internet connection, active email account, and the ability to receive and read electronic files to conduct business with us electronically. You are responsible for keeping your own Records. If you require assistance with your Records, wish to receive Records in paper format, or wish to withdraw your consent to receiving electronic Records from us, please contact us at support@nowbase.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

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