Terms of service

hubub Inc. (“hubub”, “we”, “us”, or “our”) has made these Terms of Service (the “Agreement”) available to explain the terms and conditions by which you may access and use (a) hubub’s products and services, (b) https://hubub.me/, (c) our iOS and Android mobile applications (the “Mobile Apps”), and (‎d) other related products and services that link to this Agreement (collectively, the “Platform”).

You must read this Agreement carefully as it governs your use of the Platform. By accessing or using the Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use of our Platform and should not use our Platform.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HUBUB ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

hubub Platform
1. Our Platform. hubub provides a digital concierge platform that assists you by generating itineraries, allowing event bookings and providing other related services. We are constantly improving the Platform. You agree and acknowledge that the Platform is subject to modification and change, including but not limited to the algorithms and methods used by the Platform and the features available to you.
2. Registration. In order to use certain portions of the Platform, you must register an account by providing us with your name, email, and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering for our Platform on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties. Only one user may use the Platform per registered account. Each user of the Platform may only have one account.
3. Age Restriction. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Company to confirm such express consent.
4. Additional Policies. You agree and acknowledge that your use of the Platform is subject to our Privacy Policy available https://hubub.me/.
Usage Requirements
1. Use of Platform. You may access, and we grant you a non-exclusive right to use, the Platform in accordance with this Agreement. You will comply with this Agreement and all applicable laws when using the Platform. We and our affiliates own all rights, title, and interest in and to the Platform, including the underlying technology and intellectual property rights therein.
2. AI Tools. If you elect to use any features or functionality provided by us that utilize artificial intelligence technology, (collectively, “AI Tools”), the use of such AI Tools is subject to the following terms and conditions. For purposes hereof, “User Input” means any data that you provide to be processed by AI Tools; and “Output” means any output generated and returned to you, or automatically generated and transmitted on your behalf by AI Tools based on the Input. You retain ownership of all User Input you provide to the Platform. User Input and all other content or data uploaded or provided by you is collectively referred to as “User Content”. Subject to your compliance with this Agreement and to the extent hubub acquires any right in any User Content, hubub hereby assigns to you all its right, title and interest in and to your User Content. You acknowledge that hubub retains ownership of Output generated based on User Input and hubub hereby grants you a non-exclusive, royalty-free, fully-paid worldwide license to access and use such Output for your personal or internal business purposes only. You are permitted to use Third-Party Content incorporated into any Output solely as part of the original Output and not on a standalone basis, including not to directly commercialize or monetize such Third-Party Content. During the term of this Agreement, hubub may use your User Content as reasonably necessary to provide you with access to the Platform. In addition, during and after the term of this Agreement, hubub may use your User Content to comply with applicable laws and enforce our policies. You are responsible for all User Content, including for ensuring that it does not violate any applicable law or this Agreement. Notwithstanding anything herein, we do not make any warranty as to, and will have no liability with respect to, AI Tools, Output, the results that may be obtained from the use of AI Tools or the accuracy of any information obtained through AI Tools, including with respect to the factual accuracy of any Output or suitability for your use case. Use of any material and/or data obtained through the use of any AI Tool is at your sole risk. You should not rely on factual assertions in Output without independently fact checking their accuracy. No information or advice, whether oral or written, obtained by you from or through AI Tools creates any such warranty.
3. Similar Output. Due to the nature of machine learning, Output may not be unique across users and the Platform may generate the same or similar output for hubub or a third party. Other users may also provide similar User Input and receive the same or similar Output. Output that are requested by and generated for other users are not considered yours.
4. Third-Party Integrations. The Platform may integrate with or otherwise make available certain applications and materials that are developed or otherwise provided by a party other than hubub, including services, products, and platforms (collectively, “Non-hubub Resources”). hubub does not warrant or guarantee the functionality, availability, or reliability of any such Non-hubub Resources. In addition, the use of such Non-hubub Resources may require you to agree to additional terms and conditions imposed by the respective service providers, which are independent of this Agreement. hubub reserves the right to modify or discontinue any Non-hubub Resource at any time without prior notice. hubub will not be liable for any damages or losses resulting from such modification or discontinuation.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements (collectively, “Feedback”). If you provide any Feedback to hubub, you hereby grant hubub the right to freely use such Feedback to maintain, improve, and enhance hubub’s current and future products, services and technologies without restriction or compensation to you.
6. Usage Data. You agree that hubub will have the right to collect and analyze data and other information relating to the access, use, and performance of the Platform (“Usage Data”), and hubub may aggregate and anonymize data, including Usage Data, Output, User Content, or data that you provide while using the Platform to create statistical information. We own all such aggregated and anonymized data and may use it, including, but not limited to, maintaining, operating, analyzing, improving, training, finetuning, enhancing or marketing hubub’s current and future products, services and technologies and sharing such data externally for research, marketing, or other lawful purposes and hubub may use your User Content to train any generative AI models. Examples of Usage Data include textual inputs you provide to hubub, technical logs, metadata, telemetry data, information about how you use and interact with the Platform and Non-hubub Resources.
7. Platform Restrictions. You may not (i) use the Platform in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Platform (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Platform to develop models that compete with hubub; (iv) use any automated or programmatic method to extract data or output from the Platform, including scraping, web harvesting, or web data extraction; (v) represent that output from the Platform was human-generated when it is not; (vi) send us any personal information of children under 13 or the applicable age of digital consent; or (vii) use the Platform in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other requirements in our documentation.
8. User Conduct. You represent, warrant, and covenant that: (i) any User Content you transfer via the Platform have been legally obtained and belong to you; (ii) you will not upload or create any User Content that contains gore, sexual abuse material or any content that exploits or promotes harm to any individual; (iii) you will not engage in any conduct (including to create any Output) that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive; (iv) you will not provide any false, inaccurate or misleading information while using the Platform, or engage in any activity that operates to defraud hubub, other users of the Platform, or any other person or entity; (v) you will not interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; (vi) you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vii) you will not infringe, misappropriate or violate any intellectual property, privacy, publicity or other proprietary rights of hubub or any third party; (viii) you will not disguise your location through IP proxying or other methods; and (ix) you will not obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Platform, including attempting to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platforms.
9. Confidentiality. In connection with the Platform, you may be given access to certain Confidential Information of hubub. You may use Confidential Information only as needed to use the Platform as permitted under this Agreement. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. “Confidential Information” means nonpublic information that hubub or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours (ii) you already possess without any confidentiality obligations when you received it under this Agreement (iii) is rightfully disclosed to you by a third party without any confidentiality obligations or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to hubub and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
Fees and Payments
1. Fees and Billing. To the extent the Platform are made available to you for a fee, you will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize hubub, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Platform until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
2. Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. hubub uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
3. Changes in Fees. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to any free or beta services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
4. Third-Party Booking. We may allow you to make bookings with third-party service providers through the Platform. If you do so, you authorize us to charge your selected payment method in the amount of such booking. You also authorize us to debit or credit the payment method to correct any errors. You agree that all fees and payments in connection with a third-party booking on the Platform are made to us (or our third-party payment processor), as agent of the third-party service provider. Payments received by us constitutes payments received by the third-party service provider, and you are not obligated to make separate payments to the service provider for the amount we charge you.
Term and Termination
1. Termination; Suspension. This Agreement takes effect when you first use the Platform and remain in effect until terminated. You may terminate this Agreement at any time for any reason by discontinuing the use of the Platform. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement (including any breach of Sections 2.8 and 2.9), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Platform, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
2. Effect on Termination. Upon termination, you will stop using the Platform and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 2, 4, and 6-9.
Mobile Services and Software
1. Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by hubub or their partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of hubub or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from hubub or their partners for marketing or solicitation purposes to purchase hubub’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify hubub or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your hubub account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

1. Mobile Services. The Platform includes certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to access or browse the Platform from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
2. Third-Party Distribution Channels. hubub offers Mobile Apps that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Mobile Apps through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Platform, you agree to comply with all applicable terms of any agreement for such third-party products and services.
3. Apple-Enabled Software. With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

1. - hubub and you acknowledge that this Agreement is concluded between hubub and you only, and not with Apple Inc. (“Apple”), and that as between hubub and Apple, hubub, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  - You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
  - Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
  - Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  - Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be hubub’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  - hubub and you acknowledge that hubub, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement and (c) claims arising under consumer protection, privacy, or similar legislation.
  - In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between hubub and Apple, hubub, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  - You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  - If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to hubub at info@hubub.me.
  - You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
  - hubub and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

1. Google-Sourced Software. The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that this Agreement is between you and hubub only, and not with Google, Inc. (“Google”) (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software (d) hubub, and not Google, is solely responsible for hubub’s Google-Sourced Software (e) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to hubub’s Google-Sourced Software.
Proprietary Rights
1. Platform Content. You acknowledge and agree that the Platform may contain content, assets, or features made available by hubub or other hubub users (“Platform Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly set forth herein, we reserve all right, title and interest to the Platform Content.
2. Trademarks. The hubub name and logos are trademarks and service marks of hubub (collectively the “hubub Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may not endorse or be affiliated with or connected to hubub. This Agreement and the Platform do not grant you any license or right to use any of hubub Trademarks, without our prior written permission.
3. Copyright Complaints. hubub respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify hubub of your infringement claim in accordance with the procedure set forth below.

hubub will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to hubub’s Copyright Agent at ____________.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:

[Add mailing address and fax]

To be effective, the notification must be in writing and contain the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located within the Platform, with enough detail that we may find it within the Platform
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

If a counter-notice is received by the Copyright Agent, hubub will send a copy of the counter-notice to the original complaining party informing them that hubub may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against hubub or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

1. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, hubub has adopted a policy of terminating, in appropriate circumstances and at hubub’s sole discretion, the accounts of users who are deemed to be repeat infringers. hubub may also at its sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnification Disclaimer Limitations on Liability
1. Indemnity. You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access to or use of our Platform (including any User Content) or (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation.
2. Disclaimer. We plan to continue to develop and improve hubub, but we make no guarantees or promises about how it operates or that it will function as intended, and your use is at your own risk. THE PLATFORM AND OUTPUT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM OR OUTPUT, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. HUBUB DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, NON-HUBUB RESOURCES OR ANY OUTPUT GENERATED THEREFROM.
3. Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF THE PLATFORM, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR PLATFORM OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR PLATFORM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US TO US IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM OR, IF GREATER, (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Dispute Resolution By Binding Arbitration
1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and hubub, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Platform, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and hubub are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HUBUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HUBUB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution. hubub is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at info@hubub.me. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to hubub should be sent to 112 S. French Street, Suite 105 Wilmington, DE 19801 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If hubub and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or hubub may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by hubub or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or hubub is entitled.
4. Arbitration Procedures. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to the address set forth in Section 8.3. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, hubub will pay them for you. In addition, hubub will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
5. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and hubub. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
6. Batch Arbitration. If seventy-five (75) or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and hubub agree that JAMS will administer them in batches of up to seventy-five (75) claimants each (“Batch”), unless there are less than seventy-five (75) claimants in total or after batching, which will comprise a single Batch. JAMS will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch in accordance with the JAMS Mass Arbitration Rules. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 8.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 8.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
9. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, hubub agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending hubub written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
Miscellaneous
1. Entire Agreement. These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
2. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
3. Notice. We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
4. Modifications. We may amend this Agreement from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under this Agreement we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 14 days after we notify you. All other changes will be effective immediately. Your continued use of the Platform after any change means you agree to such change.
5. Equitable Remedies. You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to hubub, and hubub shall have the right to seek injunctive relief against you in addition to any other legal remedies.
6. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
7. Special Notice for International Use Export Controls. hubub is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Portions of the Platform, the Mobile Apps and the transmission of applicable data, if any, is subject to United States export controls. No portion of the Platform may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Platform is at your sole risk.
8. Governing Law. This Agreement will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and hubub agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Chicago, Illinois. The failure of hubub to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.