Terms of Service | Bonsai Technology Co

Last updated: 10/22/2020

The Web site and Services are provided by Bonsai Technology Company, a Delaware corporation, having a principal place of business at 11710 Old Georgetown Road, Apartment 413, Rockville, Maryland 20852. If you have requests concerning these Terms of Use, please contact us at braum@safewithbonsai.com.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS (see section 7.2) THAT GOVERN HOW CLAIMS YOU AND [COMPANY NAME] HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BONSAI TECHNOLOGY COMPANY, TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1 Definitions.

References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.

References to the “Services” mean, collectively, any and all artificial intelligence and services and systems, including software, technology, and analytics provided by us through our Web site, mobile application, and/or software and hardware products.

References to the “Terms” and/or “Agreement,” mean this, these Terms of Use as set forth herein.

References to “us,” “we,” “our,” and/or “Bonsai Technology Company,” mean that Delaware corporation of the same name, including any and all trade names utilized thereby.

References to the “Web site” mean, collectively, the Web site bearing the URL www.safewithbonsai.com as well as any other site or social media page operated by us.

References to “you,” and/or “User,” mean the user of the Web site and/or the end user of our Services.

1.2. Agreement to be Bound.

The following Terms of Use, together with any relevant information set out on the Web site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms of Use set forth below. Please read them carefully as any of use of the Services constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Services, you represent that you are at least eighteen (18) years old or have written, parental or guardian consent, have read and understand the Terms of Use, and that you agree to be bound by these Terms of Use as set forth below.

These Terms of Use are subject to the Privacy Policy, which also governs your use of the Services.

SECTION II: GENERAL PROVISIONS

2.1. Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on the Web site or the Services is not accurate, complete, or current. You acknowledge that the Web site and Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You acknowledge further that any reliance on the Web site and Services is at your own risk.

2.2. Errors.

We do not warrant that any errors in the Web site or the Services will be corrected.

2.4. Modifications and Changes to Terms of Use.

We may modify, add to, suspend or delete these Terms of Use or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site and our emailing of a notice to registered Users. Your continued use of our Services, after modification, addition, or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

2.5. Modifications and Changes.

We may modify, add to, suspend, or delete any aspect of this Web site or the Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.6. Access.

Though we try to make the Web site and Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site will be at all times available.

We do not warrant that your computer, tablet, smartphone, or hardware will be able to access and/or support the Web site or the Services.

2.7. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Web site or the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data or rewards points deleted as a result of the Account termination.

2.8. Prohibited Uses.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site or the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site or the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site or the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate any person or entity; (l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Web site or the Services; (m) “frame” or “mirror” any part of the Web site or the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other Web site or the Services for any purpose; (n) modify, adapt, translate, reverse engineer, decipher, decompile, separate, or otherwise disassemble any portion of the Web site or the Services or any software used on or for the Web site or the Services; or (o) to interfere with or circumvent the security features of the Web site or the Services. We reserve the right to terminate your use of the Web site and our Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

SECTION III: USE; FEES

3.1. Accounts.

Users shall be given the opportunity to register via an online registration form to create a User account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to authorize use of your Account. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be cancelled at any time via the Account settings. You are responsible for maintaining the confidentiality of your account and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session.

3.2. Transfer Prohibited.

You agree you shall not sell, trade or transfer that Account to any other person or entity.

3.3. Account Guidelines.

By creating an Account, you agree that you:

Shall not upload, distribute, or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and

Shall not threaten or verbally abuse another User, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and

Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services, without recourse; and

Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Services, without recourse; and

Shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services; and

Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and

Shall not post unauthorized commercial communications (such as spam); and

Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and

Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of the Web site or Services; and

Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and

Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and

Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and

Shall not interfere with or disrupt the Web site or Services or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web site or the Services; and

Shall not facilitate or encourage any violations of these Terms of Use or our policies.

Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.

3.4. Rights in Submissions.

Should you submit, display, publish, or otherwise post any content to us, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third-party.

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.

Notwithstanding the forgoing, this Section 3.4 does not apply to any incident reports, including photographs, which we will not share or other distribute except so as may be necessary to provide our Services, conduct analytics, otherwise approve our Services, or as may be set forth in our Privacy Policy.

3.5. Right to Monitor.

We shall have the right to monitor your Account in our sole and exclusive discretion.

3.6. Access and Operation.

Upon payment, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Services; provide the hardware and access to the software systems to furnish the Services

You shall be responsible for any and all out-of-pocket maintenance costs, installation, and any expenses, where payment of the same shall be due and owning no later than thirty (30) days’ demand therefor, should those services be provided by us to you.

3.7. Training.

You are solely responsible to ensure all of your end-users are properly trained prior to using the Services. This includes maintaining and making available to your authorized users the operations manuals and other documentation required to use our software and hardware systems, when applicable.

SECTION IV: INTELLECTUAL PROPERTY; PRIVACY

4.1. Intellectual Property Rights Not Waived.

This is an Agreement for access to and use of the Services, and you are not granted a license to any software or intellectual property by these Terms of Use. The Web site and Services are protected by U.S. and, where applicable, international intellectual property laws. The Web site and Services belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Web site and the Services.

Furthermore, all material displayed or transmitted via Web site or the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.

Except for the use of the reports generated by the Services, or as otherwise provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.

You may make a single print copy of any Materials provided by us for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to braum@safewithbonsai.com.

You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Web site and the information arising from the Services (e.g. reports and incident photographs) in accordance with these Terms of Use. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Use.

4.2. Feedback.

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to the Services, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many Parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently-developed or considered by us, shall be without obligation to you.

SECTION V: third-party Advertisements, Promotions, and Links

5.1. Third Party Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from third parties on the Web site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are 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 third-party advertisers on the Web site or the Services.

5.2. Use of third-party Tools.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input, including but not limited to Microsoft and Dropbox products which may be necessary for the implementation and usage of our Services.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools.

Any use by you of tools offered through the Web site or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Web site, including but not limited to the release of new tools. Such new features and/or Services shall also be subject to these Terms of Use.

5.3. Third-Party Links.

Certain content, products and services available via our Web site and Services may include materials from third parties.

Third-party links may direct you to third-party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites and/or services, or for any other materials, products, or services of third parties.

SECTION VI: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

6.1. Disclaimer of Warranty; Limitation of Liability.

(A) YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS WARRANT THAT THE USE OF THE WEB SITE OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY INFORMATION PROVIDED VIA THE WEB SITE, THE SERVICES, DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE AND THE SERVICES IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE OR THE SERVICES.

(D) IN NO EVENT SHALL WE OR OUR AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR THE SERVICES.

(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE WEB SITE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE WEB SITE OR OUR SERVICES.

(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00).

(G) NO ACTION REGARDLESS OF FORM, RELATING TO THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY A USER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING ARISE TO THE CAUSE OF ACTION HAS OCCURRED OR SHOULD HAVE DILIGENTLY BEEN DISCOVERED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.

6.2. INDEMNIFICATION.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PATENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SERVICES OR THE WEB SITE; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT; (C) YOUR USE OF THIRD-PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENTS, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (E) THE UNAUTHORIZED USE OF THE WEB SITE BY ANY OTHER PERSON USING YOUR INFORMATION; (F) YOUR FAILURE TO OBTAIN CONSENT FOR THE USE OF THE SERVICES FROM YOUR EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER INDIVIDUALS WHO MAY BE PHOTOGRAPHED OR OTHERWISE AFFECTED BY THE USE OF THE SERVICES; (G) ANY AND ALL EMPLOYMENT-REATED DECISIONS THAT MAY ARISE OR RELATE TO YOUR USE OF THE SERVICES; OR (H) YOUR FAILURE TO COMPLY WITH ANY STATE, LOCAL, OR FEDERAL RULE OR REGULATION.

SECTION VII: GOVERNING LAW; ARBITRATION

7.1. Governing Law.

These Terms shall be governed and construed in accordance with the laws of Delaware without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Montgomery County, Maryland, and any cause of action that relates to or arises from these Terms, the Services, and/or the Web site must be filed therein unless subject to the binding arbitration provisions of Section 7.2, infra.

7.2. Arbitration.

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the America Arbitration Association, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Montgomery County, Maryland. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Delaware.

SECTION VIII: MISCELLANEOUS

8.1. Customer Service.

Should you have any questions, comments or concerns regarding the Web site or Services, customer service may be contacted at any time via braum@safewithbonsai.com. We strive to return all customer service inquires within forty-eight (48) business hours.

8.2. Affiliate Disclosure.

We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Services or the Web site. Because of this relationship we may earn a commission on products purchased by a User from a third-party affiliate.

8.3. Authority.

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.

8.4. Waiver.

Any waiver of a right under these Terms of Use shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

8.5. Force Majeure.

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

8.6. Assignment.

We shall have the right to assign and/or transfer these Terms of Use and our rights and obligations hereunder to any third party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms of Use without our prior written consent in our sole and exclusive discretion.

8.7. Rights of Third Parties.

These Terms do not give any right to any third party unless explicitly stated herein.

8.8. Relationship of the Parties.

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.

8.9. Severability.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

8.10. Survival.

The following provisions shall survive any termination or expiration of this Agreement: Sections V, VI, and VII.

9.11. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at Bonsai Technology Company 11710 Old Georgetown Road, #413, Rockville, Maryland 20852, and in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.