TERMS AND CONDITIONS OF USE This Internet website is provided by Bob Burnquist. By using this website, you agree to be bound to the following Terms and Conditions. Please be aware that Bob Burnquist. may revise these Terms and Conditions from time to time by updating this posting. Such revised Terms and Conditions will take effect as of the date of posting. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Use of Materials on this Website BobBurnquist.com maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) ("Content") is the property of BobBurnquist.com. Without BobBurnquist.com's prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page. Your Submissions BobBurnquist.com likes to hear from you. Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms and Conditions and our Privacy Policy which is incorporated herein by reference. By submitting and/or posting Content to the website, you automatically grant to BobBurnquist.com a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by BobBurnquist.com or licensed to others by BobBurnquist.com for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. BobBurnquist.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. BobBurnquist.com does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If BobBurnquist.com becomes aware of any communication that allegedly does not conform to these Terms and Conditions, BobBurnquist.com may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. BobBurnquist.com has no liability or responsibility to you for performance or nonperformance of such activities. BobBurnquist.com reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law. Disclaimer Your use of this website is at your risk. BobBurnquist.com does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. BobBurnquist.com does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. BobBurnquist.com reserves the right to correct any errors on this website. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, BobBurnquist.com is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INSTINCTZ.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. BobBurnquist.com does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you. Limitation of Liability NEITHER BobBurnquist.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BobBurnquist.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you. Links BobBurnquist.com has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by BobBurnquist.com of these sites. Your linking to any other pages or sites is at your own risk. You agree that BobBurnquist.com will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy. Termination You agree that BobBurnquist.com may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Instinctz.com or any third party, or for any reason with or without notice to you. You agree that BobBurnquist.com may modify or discontinue this website, with or without notice to you. You agree that BobBurnquist.com will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Use of Materials on this Website," "Your Submissions," "Disclaimer," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our website. General Provisions BobBurnquist.com controls and operates this website from its headquarters in Vista, California, United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations. If you use this website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in San Diego County, California, and you hereby agree to submit to the personal jurisdiction of such courts. Indemnity You agree to defend, indemnify, and hold harmless BobBurnquist.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. BobBurnquist.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Trademarks The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of BobBurnquist.com and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of BobBurnquist.com or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited. Copyright All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of BobBurnquist.com or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of BobBurnquist.com and protected by U.S. and international copyright laws. All software used on this website is the property of BobBurnquist.com or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited. Password You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account. Privacy Policy BobBurnquist.com is strongly committed to your right to privacy and to taking steps designed to secure your personal and financial information. To earn your trust and confidence in our commitment, the intent of this policy is to fully disclose our privacy practices to you. We will only use your personal information in accordance with this Privacy Policy. We encourage you to read our policy to understand the types of personal information we collect and how this information is used. Your Consent By using our site, you consent to the collection and use of your information as described in this Privacy Policy, which was last updated on September, 2003. Any changes to our Privacy Policy will be reflected on this page so that you are always aware of the information we collect and how we use it. As part of our Privacy Policy, we address the following: - The personal information we collect - With whom your information is shared and how it is used - The choices you have about the collection and use of your information - Your ability to access, update or correct your information - The security measures we take to protect your personal information - Additional information about online privacy and changes to our policy The personal information we collect In General. BobBurnquist.com and its partners collect personal information necessary to respond to your requests for our customized products and services and to allow you to use the resources available on our website. Personal information includes, but is not limited to, name, physical address, email address, phone number, age and any other information that itself identifies or, when tied to the above information, may identify you as a specific individual. Online Surveys. BobBurnquist.com values the opinions and comments from all of our users, so we frequently conduct surveys online, via e-mail, or by telephone. Your participation in these surveys is entirely optional. Information we collect in online surveys will include general information on the use of our site and other demographic information, such as age and income bracket. Survey participants are anonymous unless otherwise stated in the survey. Cookies. "Cookies" are small pieces of information that are stored by your browser on your computer’s hard drive. We use cookies in several ways. Cookie files are used to better understand how you go through our website so that we may tailor your experience at our website. Cookies are also used to tell us whether you have visited our website previously, and to help us determine whether you came to our website from a particular Internet link or banner advertisement. Cookies can also be used to help you to save and retrieve passwords and other information and preferences you use on our website, saving you from having to re-enter this information upon every visit to our website. Cookies cannot and will not be used by us to retrieve any personal information about you from your computer that you have not previously and voluntarily provided to us. However, cookies may also be received when you link to our partners’ sites or when you click on banner advertisements served by our outside advertising company and we do not have control over how they use this information. Most Web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. However, most of our features will not function if you do not accept cookies. IP Addresses. When you connect to our website, we record your IP addresses and information on the type of operating system (e.g. Windows98) and browser software(e.g. Microsoft Internet Explorer and Netscape) you are using. This helps us to diagnose problems with our servers and for system administration. Your IP address is also used to help gather aggregated demographic information. Instant Messenger, forums, message boards, and/or news groups. We make chat rooms, forums, message boards, and/or news groups available to you. Please remember that any information that is disclosed in these areas becomes public information. You should exercise caution when deciding to disclose your personal information. With whom your information is shared and how it is used When you provide information to BobBurnquist.com, the information is stored in our databases, and such information is used by BobBurnquist.com in accordance with this Privacy Policy. Information we collect is used to tailor your experience at our site, to show you content that we think you might be interested in, and to display the content according to your preferences. We also use such personal information to send you information and promotional materials on us. Your contact information may also be used if it becomes necessary to contact you. In addition to the circumstances described above, we may disclose your information if required to do so by law, court order, as requested by other government or law enforcement authorities, or in the good faith belief that disclosure is otherwise necessary or advisable, including (without limitation) when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. The choices you have about the collection and use of your information As a user, or customer, you will occasionally receive e-mail updates from us about important functionality changes, special offers from us, new BobBurnquist.com services and other noteworthy news items about us. We hope you will find these updates interesting and informative. Of course, if you would rather not receive them, just let us know by replying to one of the e-mails with "Remove" in the body of the e-mail or let our partners know by following their instructions. Our site also provides you the opportunity to opt-out of receiving such communications from us at the point where we request information from you. In other words, if you don't want us to send you e-mails about our business, just let us know. BobBurnquist.com reserves the right to limit registration to those who will accept emails and to those who will provide the requested information. BobBurnquist.com provides you with the ability to receive e-mail subscriptions to various services we provide. If you elect to receive such e-mail subscriptions, you can opt-out of receiving future e-mails by logging in to your account and following the appropriate links. The security measures we take to protect your personal information All order information you provide to is transmitted using SSL (Secure Socket Layer) encryption. SSL is a widely used coding system that lets your browser automatically encrypt or scramble data before you send it to us. Transactions will not be permitted if your browser does not accept SSL encryption. Only authorized personnel from BobBurnquist.com or its partners can decode this information and such personnel will only do so in accordance with our or their Privacy Policy. In addition, to attempt to deter the theft of personal information residing in our system, we have installed secure "firewalls" and/or have implemented other security measures to help protect our systems against "hacker" break-ins. Additional information about online privacy and changes to our policy Please be aware that on our site we have advertisements and links to other websites that may collect personal information about you. This Privacy Policy does not cover the information practices or policies of such websites. We encourage you to read the privacy policies of all such sites, as their policies may be materially different from our Privacy Policy. Any material changes in the way we use personal information will be described in future versions of this Privacy Policy. Of course, you may always submit concerns regarding our Privacy Policy or our privacy practices to our Customer Service Center at info@zoobamboo.com. Please reference the Privacy Policy in your subject line. We will attempt to respond to all reasonable concerns or inquiries within five business days of receipt. Our Address BobBurnquist.com P.M.B.#195 1035 E.Vista way Vista, California 92084 info@zoobamboo.com http://www.zoobamboo.com