1. Acceptance of These Terms

In short: By using our website or buying from us, you agree to these Terms. If you do not agree, please do not use the Site or place an order.

1.1 Agreement. These Terms of Service (the “Terms”) are a legally binding agreement between you and FLEXNEE LLC, doing business as BambuCompress (“BambuCompress,” “we,” “us” or “our”). They govern your access to and use of https://bambucompress.com (the “Site”) and the content, features and communications we make available through it (together with the Site, the “Services”), and your purchase of products offered through the Site (the “Products”).

1.2 How You Accept. You accept these Terms by accessing or using the Services, placing an order, or clicking, checking a box or taking any similar action that indicates acceptance. If you do not agree to these Terms, you must not use the Services or place an order.

1.3 Capacity. You represent that you are at least eighteen (18) years of age, or the age of majority in your state of residence if higher, and that you have the legal capacity to enter into a binding contract.

1.4 Arbitration Notice. SECTION 24 CONTAINS AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, INCLUDING A WAIVER OF CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 24.12.

1.5 Effective Date. These Terms are Version 1.0, effective and last updated October 9, 2026.

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2. Who We Are

In short: BambuCompress is a brand of FLEXNEE LLC, a New Mexico company with its business address in Sherman Oaks, California. FLEXNEE LLC is the seller of every order placed on the Site.

2.1 Operator and Seller of Record. The Services are owned and operated by FLEXNEE LLC, a New Mexico limited liability company registered with the New Mexico Secretary of State under business identification No. 0008054125, doing business as BambuCompress. FLEXNEE LLC is the seller of record for all Products purchased through the Site.

2.2 Address and Support. Our business and mailing address is 15442 Ventura Blvd, Sherman Oaks, CA 91403, United States. We provide customer support by email only, at support@bambucompress.com or through our contact form at https://bambucompress.com/pages/contact, and we reply within one (1) business day, Monday through Friday, excluding U.S. federal holidays. We do not offer telephone support.

2.3 Platform. The Site runs on the Shopify e-commerce platform. Shopify, our payment processors and our other service providers are independent third parties and are not parties to these Terms.

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3. Changes to These Terms

In short: We may update these Terms. The version in effect when you place an order applies to that order, and we will give notice of important changes.

3.1 Updates. We may revise these Terms from time to time to reflect changes in our Products, Services, business practices or applicable law. We will post the revised Terms on the Site and update the “last updated” date and version number. For material changes, we will provide reasonable advance notice, such as a prominent notice on the Site or an email where appropriate.

3.2 Application. The version of these Terms in effect when you place an order governs that order. Revisions do not apply retroactively to orders already placed or to any dispute of which we had actual notice before the revision took effect. Your continued use of the Services after revised Terms take effect constitutes acceptance of them. Changes to the arbitration agreement are subject to Section 24.14.

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4. Eligibility and U.S.-Only Sales

In short: You must be an adult to buy from us, and we sell and ship only to consumers in the United States (the 50 states and Washington, D.C.).

4.1 Age. Products may be purchased only by individuals who meet the age requirement in Section 1.3. The Services are not directed to children under sixteen (16), and we do not knowingly collect personal information from children under sixteen (16), as further described in our Privacy Policy. A parent or legal guardian who purchases a Product for a minor is responsible for supervising its use.

4.2 United States Only. Products are offered for sale only to consumers in the United States, and we ship only to addresses within the fifty (50) states and the District of Columbia. We do not ship internationally and do not represent that the Services or Products are appropriate or available elsewhere.

4.3 Personal Use; No Resale. Products are sold for personal, non-commercial use. We may decline, limit or cancel any order that we reasonably believe has been placed for resale or by a reseller, broker or distributor.

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5. Accounts and Security

In short: If you create an account, keep your login details private and your information accurate. You are responsible for activity under your account.

5.1 Accounts. Where the Site offers customer accounts, you agree to provide accurate, current and complete information and to keep it up to date. Accounts are personal to you and may not be transferred or created using false information.

5.2 Security. You are responsible for keeping your login credentials confidential and for activity under your account. Please notify us promptly at support@bambucompress.com of any unauthorized use. We are not liable for losses resulting from your failure to safeguard your credentials, except to the extent caused by our own negligence or breach of these Terms.

5.3 Suspension and Termination. We may suspend or terminate your account or access to the Services if we reasonably believe you have violated these Terms or engaged in fraudulent or abusive conduct. You may close your account at any time by contacting us. Termination does not affect rights or obligations that accrued beforehand, including those relating to orders already accepted.

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6. Products, Descriptions, Colors and Sizing

In short: We work hard to describe our Products accurately, but colors on screen can vary and fit matters for comfort. Please use our Fit Finder before you order.

6.1 Our Products. BambuCompress offers bamboo-viscose compression wear and supports, including knee, ankle, calf, leg, elbow and wrist sleeves, compression gloves and ankle supports, as well as a topical soothing gel (CALM+). Products are sold online only, through the Site.

6.2 Descriptions and Images. We strive to describe and depict our Products accurately, but we do not warrant that descriptions, images or other content on the Site are complete, current or error-free. Colors and appearance on your screen depend on your device and settings, and minor variations in color, stitching and packaging between production batches are not by themselves defects. If a Product you receive is not as described, your remedies are set out in Section 13 and our Refund Policy, in addition to your rights under applicable law.

6.3 Sizing and Fit. Correct sizing matters for comfort and appropriate use of compression products. Before ordering, please review the sizing information on the product page and use our Fit Finder at https://bambucompress.com/pages/fit-finder. Sizing guidance is general and cannot account for every body shape. If your size is not right, you may request a size exchange or a refund as summarized in Section 13.

6.4 Availability. All Products are subject to availability, and we may discontinue or modify any Product, size or color at any time. If an item you ordered becomes unavailable, we will notify you and refund any amount paid for it.

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7. Health and Safety Disclaimer

In short: Our Products are general wellness items, not medical treatment. Talk to your doctor before use if you have a health condition, and stop using a Product if you notice numbness, tingling, discoloration, pain or skin irritation.

7.1 General Wellness Products. Our compression garments and supports are general wellness products, and CALM+ is a topical cosmetic soothing gel. Our Products are not sold or marketed as medical devices or as prescription compression therapy, and they are not a substitute for any garment, device or treatment prescribed by a healthcare professional.

7.2 FDA Statement. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. STATEMENTS ON THE SITE AND IN OUR MARKETING HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION.

7.3 Not Medical Advice. Content made available through the Services, including product descriptions, articles, the Fit Finder, customer reviews and support communications, is for general information only and is not medical advice. Never disregard or delay seeking professional medical advice because of something you read on the Site.

7.4 Consult a Physician. Consult a physician before using any Product, especially if you have circulatory conditions, diabetes, neuropathy or a skin condition, if you are pregnant, or if you have recently had surgery.

7.5 Stop-Use Conditions. Stop using a Product immediately and consult a healthcare professional if you experience numbness, tingling, skin discoloration, pain or skin irritation.

7.6 Use as Directed. Use each Product only as directed in its product information, labeling and packaging. You are responsible for determining, with your healthcare professional where appropriate, whether a Product is suitable for you. Further information appears in our Medical Disclaimer at https://bambucompress.com/pages/medical-disclaimer, which is incorporated into these Terms by reference.

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8. Advertising, Testimonials and Endorsements

In short: Some content about BambuCompress, including article-style pages and social media posts, is advertising. People shown may be models, and testimonials are individual experiences; your results may differ.

8.1 Advertising Content. Certain content on or linked to the Site, including advertorial-style articles, editorial-style landing pages and advertisements on social media and other platforms, is advertising created or paid for by BambuCompress to promote our Products, whether or not each page or post is separately labeled as such.

8.2 Models. Persons depicted in our advertising and on the Site may be models, and images may be staged. Unless expressly stated, a person depicted is not represented as a customer or as having achieved any particular result.

8.3 Testimonials; Results Vary. Testimonials and reviews reflect the individual experiences of the persons who provided them. They are not necessarily typical, do not guarantee that you will achieve similar results, and are not medical advice. Results vary from person to person.

8.4 Endorsement Guides. We intend our advertising, endorsements and testimonials to comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and its Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465). Where an endorser has a material connection with us that consumers would not expect, such as payment or free products, we require that connection to be clearly disclosed. Further disclosures appear in our Legal Notice at https://bambucompress.com/policies/legal-notice.

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9. Orders, Offer and Acceptance

In short: Placing an order is an offer to buy. Your confirmation email means we received it; the sale is final when we ship. We may limit quantities or decline an order, and if we do, you will not be charged or will be refunded.

9.1 Your Offer. Product listings on the Site are invitations to make an offer, not offers to sell. When you submit an order, you offer to purchase the Products in your order at the prices and on the terms shown at checkout, subject to these Terms.

9.2 Acceptance. The order confirmation email we send after you submit an order acknowledges receipt only and is not acceptance of your offer. We accept your offer, and a contract of sale is formed, when we ship the Products and send you a shipping confirmation. If your order ships in more than one package, a separate contract is formed for each package when it ships.

9.3 Order Information. You are responsible for providing complete and accurate order information, including your name, email address, shipping address and Product, size and quantity selections.

9.4 Order Limits. We may limit the quantities of any Product that may be purchased per person, household, address, payment method or order.

9.5 Right to Refuse or Cancel. Before we accept your order, we may refuse or cancel it, in whole or in part, for any lawful reason, including where:

• the Product is unavailable or discontinued;
• there is a pricing or description error, as described in Section 10.2;
• we cannot verify your payment or billing information, or payment is declined;
• we reasonably suspect the order is fraudulent, unauthorized or placed for resale;
• the shipping address is outside the United States, is a freight forwarder, or is otherwise an address to which we cannot ship; or
• the order would violate these Terms or applicable law.

If we refuse or cancel all or part of an order, we will notify you by email and refund any amount charged for the canceled Products to your original payment method. We may also contact you to verify your identity, payment method or address, and may cancel and fully refund an order if you do not provide the requested information within a reasonable time.

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10. Pricing, Promotions, Discount Codes and Free Gifts

In short: Prices are in U.S. dollars and can change. If we make a pricing mistake, we will tell you before your order ships. Discount codes and free gifts have their own conditions and no cash value.

10.1 Prices. All prices are stated in U.S. dollars and exclude sales tax and any shipping charges, which are shown at checkout. We may change prices at any time, but changes do not affect orders we have already accepted.

10.2 Pricing Errors. Despite our efforts, a Product may occasionally be mispriced or described incorrectly. If we discover a pricing error before accepting your order, we will notify you and give you the choice to confirm the order at the correct price or cancel it. If we cannot reach you or you do not confirm, we will cancel the order and refund any amount charged.

10.3 Promotions. Promotions, such as sales, bundles or limited-time offers, are subject to these Terms and to any specific terms, eligibility requirements and time limits stated in the promotional materials, which control as to that promotion. We may modify or end a promotion to the extent permitted by law, without affecting orders already accepted.

10.4 Discount Codes. Discount codes are valid only for the period, Products and conditions stated in the offer. Unless the offer states otherwise, discount codes have no cash value; cannot be applied to orders already placed; may not be combinable with other codes or promotions; may be limited to one use per customer; and may not be sold, transferred or published on third-party coupon sites. We may void any code obtained or used fraudulently, in error or in violation of these Terms.

10.5 Free Gifts. Free gifts offered with a purchase are subject to availability and to the terms of the applicable offer. Free promotional gifts have no cash value, cannot be exchanged for cash or other merchandise, and are not refundable.

10.6 Discounted Orders. Refunds of discounted purchases are based on the amount you actually paid after discounts.

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11. Payment, Authorization and Taxes

In short: You can pay with the methods shown at checkout. Payments are processed by our payment providers, and we never see or store your full card number. Sales tax is added where the law requires it.

11.1 Payment Methods and Processing. We accept the payment methods displayed at checkout, which may include cards processed through Shopify Payments, PayPal, Shop Pay, Apple Pay and Google Pay. Payments are processed by Shopify Payments and the other payment processors shown at checkout, whose own terms may apply. We never see or store your full card number.

11.2 Authorization. By submitting an order, you represent that you are authorized to use the payment method you provide and that your payment information is accurate. You authorize us and our payment processors to charge your payment method for the total amount of your order, including applicable shipping charges and taxes. Your payment provider may place a temporary authorization hold when you order.

11.3 Taxes. We collect sales tax where required by law. Any applicable tax is displayed at checkout before you submit your order.

11.4 Disputed Charges. If you have a concern about a charge, please contact us at support@bambucompress.com before initiating a chargeback; we can usually resolve the issue faster directly. Nothing in this Section limits your right under applicable law or your card issuer’s rules to dispute a charge.

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12. Shipping, Title and Risk of Loss

In short: We ship only within the United States by USPS, usually processing orders in 1–2 business days. Shipping is free on orders of $50 or more and $4.99 otherwise. Full details are in our Shipping Policy.

12.1 Shipping Policy. Shipping is governed by our Shipping Policy at https://bambucompress.com/policies/shipping-policy, which is incorporated into these Terms by reference and controls over this summary in the event of any inconsistency.

12.2 Shipping Area. We ship only to addresses within the fifty (50) states and the District of Columbia. We may be unable to ship to certain addresses, such as freight forwarders, and may cancel and refund such orders.

12.3 Processing and Transit. Orders are generally processed within one (1) to two (2) business days (Monday through Friday, excluding U.S. federal holidays) and are fulfilled by us and/or third-party fulfillment partners; one order may arrive in more than one package. Orders ship by USPS, with estimated transit of four (4) to seven (7) business days after shipment. These times are estimates, not guarantees.

12.4 Shipping Rates. The following standard rates apply; the rates shown at checkout control.

12.5 Tracking and Delivery Issues. When your order ships, we will email you a tracking number; the first scan can take twenty-four (24) to forty-eight (48) hours to appear. You can check order status at https://bambucompress.com/pages/track-order. Our Shipping Policy explains what to do if tracking has not updated for five (5) business days, if a package shows as delivered but has not been received (to be reported within fourteen (14) days of the “delivered” scan), or if a package has not arrived within twenty (20) business days of shipment, including when we will reship or refund.

12.6 Shipping Address. You are responsible for providing an accurate shipping address. Address changes are possible only before your order is processed for shipment, so please contact us as soon as possible. If an order is undeliverable because of an incorrect address you provided, we may charge you for reshipping.

12.7 Title and Risk of Loss. Products are shipped under a shipment contract. Title to and risk of loss for the Products pass to you upon our delivery of the Products to the carrier. This does not limit the commitments regarding lost, missing and damaged packages described in our Shipping Policy and Refund Policy.

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13. 30-Day Comfort Promise

In short: If you are not happy with your purchase, contact us within 30 days of delivery for a refund. You do not need to send the Product back. Full details are in our Refund Policy.

13.1 Refund Policy. Refunds and exchanges are governed by our Refund Policy at https://bambucompress.com/policies/refund-policy and described at https://bambucompress.com/pages/comfort-promise, both incorporated into these Terms by reference. The Refund Policy controls over this summary in the event of any inconsistency.

13.2 Money-Back Guarantee. Our 30-Day Comfort Promise (the “Comfort Promise”) is a thirty (30) day money-back guarantee measured from the date of delivery. To make a request, email support@bambucompress.com or use our contact form with your order number and a short reason. A real person will reply within one (1) business day.

13.3 Returnless Refunds. You do not need to send the Product back; you may keep, donate or recycle it. Approved refunds are issued to your original payment method and processed within five (5) business days; your bank or card issuer may take an additional five (5) to ten (10) business days to post it.

13.4 Size Exchanges. If the size is wrong, we will send a different size free of charge (one exchange per item), without requiring you to return the original. You may choose a refund instead.

13.5 Damaged, Defective or Wrong Items. Report a damaged, defective or wrong item within thirty (30) days of delivery, with a photo, and we will reship or refund, including any shipping charges you paid.

13.6 Shipping Charges and Gifts. Original shipping charges are non-refundable except where the item was damaged, defective or incorrect, or where required by law. Free promotional gifts are not refundable.

13.7 Abuse Prevention. We may request reasonable information, such as a photo, and may limit or decline returnless refunds where we reasonably suspect fraud or abuse (for example, repeated claims from the same person, household, address or payment method) or for orders placed for resale.

13.8 Your Rights. The Comfort Promise is in addition to, and does not limit, any rights you have under applicable law.

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14. Order Cancellations

In short: You can cancel for free if your order has not yet been processed for shipment. Once it has shipped, you can use our 30-Day Comfort Promise instead.

14.1 Cancellation by You. You may cancel your order free of charge if it has not yet been processed for shipment. Contact us as soon as possible with your order number; because we process orders promptly, we cannot guarantee that a request will arrive in time. If your cancellation is accepted, we will refund the full amount charged to your original payment method.

14.2 After Shipment. Once an order has been processed for shipment, it can no longer be canceled, but you may request a refund under the Comfort Promise in Section 13.

14.3 Cancellation by Us. Our right to cancel orders is described in Section 9.5.

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15. Reviews and User Content

In short: We welcome honest reviews. Anything you submit must be truthful and lawful, and you give us permission to use it in connection with our business.

15.1 User Content. The Services may allow you to submit reviews, ratings, comments, questions, photos, videos and other materials (“User Content”), which may be collected through third-party service providers. You retain any ownership rights you have in your User Content.

15.2 License to Us. You grant BambuCompress a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, reproduce, display, publish, distribute, adapt and edit for length or clarity your User Content, in any media, in connection with operating and promoting the Services and our business, including in advertising. We will not edit User Content in a way that changes its meaning. To the extent permitted by law, you waive any moral rights in your User Content as needed for us to exercise this license.

15.3 Your Representations. You represent that you have the rights needed to grant this license; that any review reflects your honest opinion and genuine experience with the Product; that you have disclosed any material connection with us, such as receiving a free Product; and that you have the consent of any identifiable person shown in your photos or videos.

15.4 Content Rules. You agree not to submit User Content that:

• is false or misleading, or is written by or for anyone with a financial interest in the Product or a competing product;
• is defamatory, obscene, harassing, hateful or threatening;
• infringes any intellectual property, privacy or publicity right;
• contains other people’s personal information;
• claims that a Product diagnoses, treats, cures or prevents any disease; or
• contains advertising, spam, links, malicious code or anything unlawful.

15.5 Moderation. We are not obligated to publish or retain User Content and may remove content that violates these Terms or applicable law. We will not remove or decline to publish a genuine review solely because it is negative. User Content reflects the views of its author, not of BambuCompress.

15.6 Feedback. If you send us suggestions or other feedback, we may use it for any purpose without obligation to you.

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16. Communications and Marketing Consent

In short: We email you about your orders. We send marketing emails and texts only if you agree, and you can stop them any time by clicking “unsubscribe” or replying STOP. Agreeing is never required to buy.

16.1 Transactional Messages. We will send you transactional emails, such as order and shipping confirmations, tracking updates and replies to your inquiries. These are not marketing communications.

16.2 Marketing Emails. With your consent, we may send you marketing emails through our email service provider(s). You may opt out at any time by clicking the “unsubscribe” link in any marketing email or by contacting us. Opting out does not stop transactional messages.

16.3 Text Messages. If you provide your mobile number and expressly agree to receive marketing text messages, you consent to receive recurring marketing and promotional text messages from us or on our behalf, sent through our SMS service provider(s), which may be sent using automated technology. Message frequency varies. Message and data rates may apply. Consent is not a condition of any purchase.

16.4 Opting Out of Texts. Reply STOP to any text message to opt out; we may send one final message confirming your opt-out. For help, contact support@bambucompress.com. Wireless carriers are not liable for delayed or undelivered messages.

16.5 Your Number. You represent that you are the subscriber or authorized user of any mobile number you provide, and you agree to opt out before changing or deactivating that number. Our handling of your contact information is described in our Privacy Policy, as referenced in Section 20.

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17. Intellectual Property and Limited License

In short: The BambuCompress name, logo and content on our Site belong to us or our licensors. You may use the Site to shop for your personal use, but you may not copy or reuse our content without permission.

17.1 Ownership. The Services and all text, graphics, logos, designs, photographs, videos, software, the Fit Finder, and the selection and arrangement of the Site (the “Content”) are owned by BambuCompress or its licensors and protected by copyright, trademark and other intellectual property laws.

17.2 Trademarks. BambuCompress, CALM+, our logos and other names and trade dress used on the Site are trademarks of BambuCompress or its licensors and may not be used without our prior written permission, including in any manner likely to cause confusion or to suggest our endorsement. Other trademarks belong to their respective owners.

17.3 Limited License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and view the Content solely for your personal, non-commercial use in shopping for Products. Except as permitted by these Terms or by law, you may not copy, modify, distribute, sell or create derivative works of the Content, or remove any proprietary notice. All rights not expressly granted are reserved.

17.4 Copyright Complaints. If you believe content on the Services infringes your copyright, email support@bambucompress.com with the subject line “DMCA Notice,” as further described in our Legal Notice, identifying the copyrighted work, the allegedly infringing material and its location, and your contact information, together with a statement of your good-faith belief that the use is unauthorized and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the copyright owner, signed physically or electronically. We may remove infringing material and terminate the access of repeat infringers.

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18. Prohibited Uses

In short: Please use our Site honestly and lawfully. Do not misuse it, attack it, scrape it or use it to commit fraud.

18.1 Prohibited Conduct. You agree not to, and not to attempt to:

• use the Services for any unlawful, fraudulent or deceptive purpose;
• use another person’s identity or payment method without authorization, or provide false information;
• purchase Products for resale, or abuse our promotions, discount codes, free-gift offers or the Comfort Promise, including through false or repeated claims;
• use any robot, scraper, crawler or other automated means to access or collect data from the Services, other than search engines that comply with our robots.txt instructions;
• use the Content to train or develop any artificial intelligence or machine-learning model without our written permission;
• interfere with or disrupt the Services, circumvent any security measure, or introduce viruses or other harmful code;
• reverse engineer any software on the Services, except where this restriction is prohibited by law;
• impersonate BambuCompress or any other person, or misrepresent an affiliation with us; or
• harass or abuse our personnel or other users, or collect their personal information.

18.2 Enforcement. We may take appropriate action in response to a violation, including removing content, canceling orders, suspending access and cooperating with law enforcement, to the extent permitted by law.

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19. Third-Party Links and Services

In short: Our Site relies on and links to other companies, such as Shopify and payment providers. Their own terms and privacy policies apply to their services.

19.1 Third-Party Services. The Services rely on third-party services, including the Shopify platform, payment processors and digital wallets, shipping carriers, fulfillment partners, email and SMS service providers, and analytics and advertising tools (“Third-Party Services”). Your use of a Third-Party Service may be subject to its provider’s terms and privacy policy.

19.2 Third-Party Links. The Services may link to third-party websites and social media platforms for convenience. We do not control or endorse them and are not responsible for their content, products or privacy practices.

19.3 Responsibility. To the fullest extent permitted by law, we are not liable for the acts or omissions of Third-Party Service providers or third-party websites, except to the extent a loss is caused by our own breach of these Terms or our own negligence.

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20. Privacy

In short: Our Privacy Policy explains how we collect, use and protect your personal information and how to exercise your privacy choices.

20.1 Privacy Policy. Our collection, use and disclosure of personal information are described in our Privacy Policy at https://bambucompress.com/policies/privacy-policy, which is incorporated into these Terms by reference. As described there, the Site uses Shopify analytics, the Meta Pixel and Meta Conversions API, Google Ads and Google Analytics, and Ahrefs Web Analytics.

20.2 Your Privacy Choices. You may opt out of the sharing of your personal information for targeted advertising at https://bambucompress.com/pages/data-sharing-opt-out. The Site honors Global Privacy Control (GPC) signals, as described in our Privacy Policy.

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21. Disclaimer of Warranties

In short: Beyond what we expressly promise in these Terms and our policies, and what the law requires, we provide our Site and Products “as is.” Some states do not allow these disclaimers, so you may have additional rights.

21.1 Services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

21.2 Products. EXCEPT FOR THE EXPRESS COMMITMENTS IN THESE TERMS, OUR REFUND POLICY AND OUR SHIPPING POLICY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BAMBUCOMPRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCT WILL PRODUCE ANY PARTICULAR RESULT.

21.3 Implied Warranties. Some states and the District of Columbia do not allow the exclusion or limitation of implied warranties for consumer goods, or limits on how long an implied warranty lasts, so some or all of the above disclaimers may not apply to you. If you reside in such a jurisdiction, implied warranties apply to the extent and for the duration required by its law. Elsewhere, any implied warranty that cannot lawfully be disclaimed is limited to the minimum scope and duration permitted by law.

21.4 Statutory Rights. Nothing in these Terms excludes or limits any right or remedy you have under applicable consumer protection law that cannot lawfully be excluded or limited. You may have other rights that vary from state to state.

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22. Limitation of Liability

In short: If something goes wrong, our liability is generally limited to the amount you paid for the Product involved, or US$100 if that is more. This limit does not apply where the law forbids it, such as for injury caused by our negligence or for fraud.

22.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAMBUCOMPRESS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “BAMBUCOMPRESS PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR THE PRODUCTS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BAMBUCOMPRESS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US$100).

22.3 Exceptions. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NON-WAIVABLE CONSUMER PROTECTION RIGHTS.

22.4 State Law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you; in those states, our liability is limited to the fullest extent permitted by law. These limitations reflect a reasonable allocation of risk that is reflected in our prices.

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23. Indemnification

In short: If you misuse our Site, break these Terms or violate someone else’s rights and that leads to a claim against us, you agree to cover the resulting costs, to the extent the law allows.

23.1 Your Indemnity. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the BambuCompress Parties from third-party claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, to the extent arising from your violation of these Terms, your User Content, your violation of law, or your violation of any third party’s rights.

23.2 Limits and Procedure. This obligation does not apply to the extent a claim arises from the negligence, willful misconduct or breach of these Terms of a BambuCompress Party, and it is limited as required by applicable consumer protection law. We will notify you promptly of any claim, and we may assume control of the defense at our own expense; you may not settle any such claim without our written consent.

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24. Dispute Resolution and Binding Arbitration

In short: If you have a problem, contact us first and we will try to solve it within 60 days. If we cannot, most disputes will be decided by a neutral arbitrator on an individual basis, not by a judge or jury and not in a class action. Small-claims cases are allowed, and you can opt out of arbitration within 30 days by emailing us.

24.1 Agreement to Arbitrate. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO SUE IN COURT AND TO A JURY TRIAL. Except as provided in Section 24.4, or if you opt out under Section 24.12, you and BambuCompress agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, the Products, any purchase, our advertising or communications, or our relationship, whether based on contract, tort, statute or any other legal theory, and whether arising before or after you accepted these Terms (a “Dispute”), will be resolved exclusively by final and binding individual arbitration under this Section 24 (the “Arbitration Agreement”). Disputes include those involving any BambuCompress Party.

24.2 Informal Resolution First. Before starting an arbitration or small-claims action, the party asserting a Dispute must send the other a written notice (a “Notice of Dispute”), and the parties must try in good faith to resolve the Dispute informally for sixty (60) days after the Notice of Dispute is received (the “Informal Resolution Period”).

• Notice to us: by email to support@bambucompress.com with the subject line “Notice of Dispute,” or by mail to FLEXNEE LLC, Attention: Legal, 15442 Ventura Blvd, Sherman Oaks, CA 91403, United States.
• Notice to you: by email to the address associated with your order or account, or by mail to the address you provided.
• Contents: the sender’s name and contact information (for you, including the email used for your order), any order number, a description of the Dispute, and the specific relief sought with a good-faith estimate of any amount claimed. Your notice must be personally signed by you.
• Conference: either party may request an individual settlement conference by telephone or videoconference during the Informal Resolution Period, in which you and a BambuCompress representative will each participate personally (with counsel, if desired).

This process is a condition precedent to arbitration or a small-claims action, and a court may stay or dismiss a proceeding commenced without it. Statutes of limitations and filing deadlines are tolled from receipt of a complete Notice of Dispute until the end of the Informal Resolution Period.

24.3 Binding Individual Arbitration. If a Dispute is not resolved during the Informal Resolution Period, either party may commence arbitration before a single neutral arbitrator. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration, and court review of an award is limited.

24.4 Exceptions. The following are not subject to arbitration: (a) individual actions in a small-claims court of competent jurisdiction, so long as they remain there and proceed on an individual basis, after completion of Section 24.2; and (b) actions in a court of competent jurisdiction seeking injunctive or other equitable relief against the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

24.5 Administrator and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org. This Arbitration Agreement controls over any conflicting AAA Rule, except a non-waivable consumer due-process protection. If the AAA cannot or will not administer the arbitration, the parties will agree on a substitute administrator or, failing agreement, a court will appoint one under 9 U.S.C. § 5. A demand for arbitration must be personally signed by the claimant and certify compliance with Section 24.2.

24.6 Location and Hearing. Any in-person hearing will take place in the county (or parish) of your residence, unless we both agree otherwise. At your election, the arbitration may instead be conducted by videoconference or telephone. Where the AAA Rules provide for a decision on written submissions, the arbitration will proceed that way unless a party requests a hearing or the arbitrator determines that one is necessary.

24.7 Fees. Filing, administration and arbitrator fees will be allocated as provided in the AAA Rules and the AAA Consumer Fee Schedule. If you cannot afford a fee allocated to you, you may ask us to pay it, and we will consider your request in good faith. Each party bears its own attorneys’ fees and costs unless applicable law or the AAA Rules provide otherwise. If the arbitrator finds a claim frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b), fees may be reallocated as permitted by the AAA Rules and applicable law.

24.8 Arbitrator’s Authority. The arbitrator may award any individual relief available in court, including damages and declaratory or injunctive relief, but only in favor of the individual claimant and only to the extent needed to resolve that claimant’s individual claim, and will issue a reasoned written decision. The arbitrator decides questions of the interpretation, applicability, enforceability and formation of this Arbitration Agreement, except that a court decides the enforceability of Sections 24.9 and 24.10 and the validity of any opt-out under Section 24.12. If applicable law does not permit the waiver of a claim for public injunctive relief, that claim will be severed and stayed until all individual claims are arbitrated and will then be decided by a court under Section 25.

24.9 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND BAMBUCOMPRESS EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT FOR THE ADMINISTRATIVE BATCHING DESCRIBED IN SECTION 24.10) OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND BAMBUCOMPRESS EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, INCLUDING ANY DISPUTE THAT PROCEEDS IN COURT.

24.10 Mass Arbitration. If twenty-five (25) or more substantially similar demands for arbitration are filed against BambuCompress by or with the assistance of the same or coordinated counsel or organizations (a “Mass Filing”), the AAA’s supplementary rules for mass arbitrations apply to the extent consistent with this Section, and:

• each claimant must individually comply with Section 24.2;
• the demands will be administered in batches of no more than one hundred (100), with one arbitrator per batch, and the batches will proceed concurrently to the extent reasonably practicable;
• fees will be assessed per batch under the AAA’s applicable fee schedule, and BambuCompress remains responsible for the fees allocated to it under Section 24.7;
• each claimant retains the right to an individualized determination and award; and
• statutes of limitations are tolled for each claimant from receipt of its Notice of Dispute until its demand is assigned to an arbitrator.

If this Section 24.10 is found unenforceable as applied to a Mass Filing, the demands will proceed in individual arbitration under the AAA Rules.

24.11 Survival. This Arbitration Agreement survives the termination of these Terms, the completion of any purchase and the end of your relationship with BambuCompress.

24.12 30-Day Right to Opt Out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT by emailing support@bambucompress.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms (for example, by first using the Services or placing your first order). Include your full name, the email and shipping address you used with us, and a clear statement that you opt out. An opt-out applies only to the person who sends it. If you opt out, Disputes will be resolved in court under Section 25, and the rest of these Terms will continue to apply. Opting out will not affect how we treat you as a customer.

24.13 Severability of the Arbitration Agreement. If any part of this Arbitration Agreement is found unenforceable, that part will be severed and the remainder enforced, except that any Dispute that must proceed on a class, collective or representative basis must be litigated in court under Section 25, not arbitrated. If Section 24.9 is found unenforceable as to any claim or request for relief, this Arbitration Agreement (other than this sentence) will be null and void as to that claim or request, which will proceed in court after any remaining individual claims are arbitrated.

24.14 Changes to the Arbitration Agreement. If we make a future material change to this Arbitration Agreement (other than a change to our contact information), you may reject it by emailing support@bambucompress.com within thirty (30) days after the change takes effect. If you do, the version of this Arbitration Agreement in effect before the rejected change will continue to govern Disputes between us.

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25. Governing Law and Venue

In short: New Mexico law governs these Terms, and federal law governs the arbitration agreement. If a case goes to court, it will be in New Mexico, unless your state’s law gives you the right to sue closer to home.

25.1 Governing Law. These Terms and any Dispute are governed by the laws of the State of New Mexico and applicable U.S. federal law, without regard to conflict-of-laws principles.

25.2 Federal Arbitration Act. The Arbitration Agreement in Section 24 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law.

25.3 Venue. Any Dispute that is not arbitrated (other than a small-claims action) will be resolved exclusively in the state or federal courts located in the State of New Mexico, and each party consents to the personal jurisdiction of those courts.

25.4 Consumer Protections. Nothing in this Section deprives you of the protection of any mandatory provision of the consumer protection laws of your state of residence. If your state’s law entitles you to bring a claim in its courts or prohibits enforcing a forum-selection clause against a consumer, you may sue in a court of competent jurisdiction in your state, and Section 25.3 will not apply to that extent.

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26. Electronic Communications and E-SIGN Consent

In short: You agree that we can give you these Terms, receipts and notices electronically, and that clicking or checking a box online counts as your signature. You can ask us for a paper copy.

26.1 Consent. Under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and applicable state law, you consent to receive electronically all agreements, notices, disclosures, receipts and other communications relating to the Services and your purchases (“Communications”), whether by email, on the Site or at checkout. Electronic Communications satisfy any requirement that they be in writing.

26.2 Electronic Signatures. Clicking a button, checking a box or completing checkout constitutes your electronic signature, with the same effect as a handwritten signature.

26.3 Requirements. To access and retain Communications, you need an internet-connected device, a current web browser, a valid email account, and the ability to save or print Communications.

26.4 Paper Copies and Withdrawal. You may request a paper copy of any Communication, or withdraw your consent to electronic Communications, by emailing support@bambucompress.com. Because we operate only online, withdrawal may prevent us from accepting further orders from you; it does not affect Communications already provided. Please keep your email address current.

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27. Notices

In short: We will send notices to the email you gave us. You can send notices to us by email or by mail to our Sherman Oaks address.

27.1 Notices to You. We may give you notice by email to the address associated with your order or account, effective when sent unless we learn it was not delivered, or by posting on the Site, effective when posted.

27.2 Notices to Us. Except as provided in Section 24, notices to us must be sent to support@bambucompress.com or by mail to FLEXNEE LLC, Attention: Legal, 15442 Ventura Blvd, Sherman Oaks, CA 91403, United States, and are effective when received.

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28. Force Majeure

In short: We are not responsible for delays caused by events beyond our reasonable control, but we will refund you for anything we cannot deliver.

28.1 Excused Delay. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, severe weather, epidemics, war, civil unrest, government action, labor disputes, carrier or postal disruptions, utility or internet failures, platform outages or cyberattacks. Our time to perform is extended for the duration of the event.

28.2 Refund. If such an event prevents delivery within a reasonable time, either party may cancel the affected order, and we will refund the amount paid for undelivered Products. This Section does not limit your rights under our Refund Policy or applicable law.

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29. General Provisions

In short: These standard provisions explain how these Terms are interpreted and enforced, including what happens if any part is found invalid.

29.1 Assignment. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void. We may assign these Terms, including in connection with a merger, acquisition, reorganization or sale of assets, provided the assignment does not diminish your rights.

29.2 Severability. Except as provided in Section 24.13, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

29.3 No Waiver. Our failure to enforce any provision is not a waiver of it. Any waiver must be in writing and applies only to the specific instance.

29.4 Relationship; Third Parties. These Terms create no partnership, joint venture, employment or agency relationship. Except for the BambuCompress Parties under Sections 22 through 24, there are no third-party beneficiaries.

29.5 Interpretation. Headings and “In short” summaries are for convenience only; the clause text controls. “Including” means “including without limitation.” These Terms will not be construed against either party as drafter, and the English version controls over any translation.

29.6 Survival. Provisions that by their nature should survive termination or completion of a purchase will survive, including Sections 13, 15, 17 and 21 through 31.

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30. Entire Agreement and Order of Precedence

In short: These Terms and the policies they refer to are our whole agreement. If two documents conflict, the more specific policy applies to its own topic.

30.1 Incorporated Documents. The following are incorporated into these Terms by reference, as updated from time to time: our Privacy Policy, Refund Policy, Shipping Policy, Contact Information, Legal Notice, Medical Disclaimer and 30-Day Comfort Promise pages, and the specific terms of any promotion in which you participate.

30.2 Entire Agreement. These Terms and the incorporated documents are the entire agreement between you and BambuCompress regarding their subject matter and supersede all prior understandings on that subject.

30.3 Order of Precedence. In the event of a conflict: (a) specific promotion terms control as to that promotion; (b) the Refund Policy controls as to refunds, exchanges and cancellations, the Shipping Policy as to shipping and delivery, and the Privacy Policy as to personal information; and (c) these Terms control as to all other matters. Sections 24 and 25 control over any conflicting provision in another document. Conflicting or additional terms in any communication from you have no effect.

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31. State-Specific Notices

In short: Residents of some states, including California and New Jersey, have specific rights. Nothing in these Terms takes away rights your state’s law guarantees you.

31.1 California Consumer Notice. Under California Civil Code Section 1789.3, California users are entitled to the following notice. The Services are provided by FLEXNEE LLC, doing business as BambuCompress, 15442 Ventura Blvd, Sherman Oaks, CA 91403, United States, support@bambucompress.com. There is no charge to use the Site; Product prices are as displayed at checkout. To resolve a complaint, please contact us first. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

31.2 New Jersey Residents. If you are a New Jersey resident, nothing in these Terms is intended to limit any clearly established legal right you have as a consumer, or any responsibility we have as a seller, under New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 et seq. Provisions qualified by phrases such as “to the fullest extent permitted by applicable law,” or that may not apply in some jurisdictions, including Sections 21, 22 and 23, apply to you only to the extent permitted by New Jersey law, and any such provision that is unenforceable under New Jersey law does not apply to you.

31.3 Other States. Where the law of your state of residence prohibits or limits any provision of these Terms, that provision applies to you only to the extent permitted by that law, and you retain all rights that your state does not allow to be waived.

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32. Contact Us

In short: Questions about these Terms? Email support@bambucompress.com and a real person will reply within one business day.

32.1 How to Reach Us. Questions about these Terms, the Services or your order may be directed to:

• Email: support@bambucompress.com
• Contact form: https://bambucompress.com/pages/contact
• Mail: FLEXNEE LLC, doing business as BambuCompress, 15442 Ventura Blvd, Sherman Oaks, CA 91403, United States

32.2 Response Time. We reply within one (1) business day, Monday through Friday, excluding U.S. federal holidays. Support is by email only. Answers to common questions are on our FAQ page at https://bambucompress.com/pages/faq.

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