2. Authority and Eligibility
This Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, You represent and warrant that You are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If You are agreeing to this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to this Agreement. If SharePointXperts finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement. SharePointXperts shall not be liable for any loss or damage resulting from SharePointXperts’ reliance on any instruction, notice, document or communication reasonably believed by SharePointXperts to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, SharePointXperts reserves the right (but undertakes no duty) to require additional authentication from You.
In order to access some of the features of this Site or use some of the Services found at this Site, You will have to create a MyBamboo account (an “Account”). You represent and warrant to SharePointXperts that all information You submit when you create your Account is accurate, current and complete, and that You will keep Your Account information accurate, current and complete. If SharePointXperts has reason to believe that Your Account information is untrue, inaccurate, out-of-date or incomplete, SharePointXperts reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your user password, and payment methods(s). You must notify SharePointXperts immediately of any breach of security or unauthorized use of Your Account. SharePointXperts will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss SharePointXperts or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person.
4. Rules of Conduct
All information, data, text, images, payment information, reports, messages or other materials communicated or transmitted using the Site or the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. You, and not SharePointXperts, are responsible for all content that You upload, post, email, distribute, communicate, transmit or otherwise make available using the Services or that is otherwise made available through the use of Your account, whether or not authorized by You, and by using the Site and the Services, You may be exposed to content that is inaccurate, unlawful, harmful, offensive, or otherwise objectionable. You acknowledge and agree that SharePointXperts does not control the content provided by the Site and Services and does not guarantee the accuracy, integrity, or quality of the content. You agree that You will not use this Site or the Services found at this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another user or any other person or entity;
- Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that You owe to another user or any other person or entity;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.
SharePointXperts reserves the right to suspend or terminate Your use of the Site for any violation of the above Rules of Conduct. SharePointXperts also reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation, Services, prices, and/or fees for the same, at any time.
5. Links to Third-Party Websites
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by SharePointXperts. SharePointXperts assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site or the Services found at this Site, You expressly release SharePointXperts from any and all liability arising from your use of any third-party website.
6. Disclaimer of Representations and Warranties
8. Limitation on Liability
In no event will SharePointXperts be liable for any consequential, indirect, direct, exemplary, special, punitive, or incidental damages, including any lost data and lost profits, arising from or relating to Your use of the Site or Services found at the Site.
If SharePointXperts invoices You for any fees for Services under this Site, You agree and shall pay all fees and other charges within fifteen (15) days of the date of each invoice. Provided that the invoice is timely received, in the event that You fail to pay within fifteen (15) days of an Invoice, SharePointXperts may levy a late payment charge computed at the rate of 1 1/2% per month on the outstanding balance due hereunder from any month or fraction thereof that such payment is in default. SharePointXperts reserves the right to increase any charge or fee on the Site upon not less than fifteen (15) days prior written notice.
All sales through the Site are final. If technical problems prevent or unreasonably delay access to SharePointXperts Services, the exclusive and sole remedy is either replacement or refund of the price paid, as determined by SharePointXperts management.
12. Taxes and Legal Consequences
In the event that the sale or delivery of SharePointXperts Services are subject to any sales, use, goods and services, value added, or similar tax, under applicable law, responsibility for the collection and remittance of the tax for such sales is your sole responsibility. You shall indemnify and hold SharePointXperts harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy and any penalties and/or interest thereon. The relationship between you and SharePointXperts may have legal and/or tax consequences for you. You acknowledge and agree that it is your responsibility to consult with your own legal and tax advisors with respect to your legal and tax obligations.
All notices, requests, demands or other communications hereunder shall be in writing, hand delivered, sent by first class mail, or overnight mail, or confirmed facsimile (upon electronic confirmation that the transmission was received) and shall be deemed to have been given when received at the following addresses: SharePointXperts, LLC dba Bamboo Solutions 12110 Sunset Hills Road, #600 Reston, VA 20190 USA (fax) 703.481.6319 Contact Us