Hubba Terms & Conditions of Service

Version 1.4

Effective Date: May 11, 2018

Last Updated Date: May 11, 2018

On behalf of our entire team, thank you for using Hubba!  These terms and conditions of service (“Terms”) cover your use of and access to the free and paid services, professional services, access to a user marketplace for the purchase and sale of wholesale goods between members  and all other services made available through the hubba.com website (“Services”) which is a site provided by Hubba Inc. (the “Website’). Please review our Privacy Policy which describes how we handle your data, as well as our Payment Policy and Supplemental Terms of Service that outlines your responsibilities when using the Hubba wholesale marketplace. Collectively, these Terms, our Privacy Policy, Payment Terms and Supplemental Terms of Services constitute a binding contractual agreement (the “Agreement”).

 

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND OUR SERVICES.  BY ACCESSING, BROWSING AND USING THIS WEBSITE AND/OR THE SERVICES, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.  THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THE REST OF THE TERMS OF OUR AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

 

IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THIS AGREEMENT.

 

YOU ALSO WARRANT THAT YOU ARE NOT BASED IN, NOR WILL YOU PROVIDE, ANY GOODS OR ANY COMPONENTS THEREOF THAT YOU KNOW OR HAVE REASON TO BELIEVE ORIGINATED IN, OR WERE SOURCED FROM, A COUNTRY SUBJECT TO A COMPREHENSIVE U.S. OR CANADIAN EMBARGO AS DESCRIBED IN APPLICABLE EXPORT, EMBARGO, AND ECONOMIC SANCTION REGULATIONS (INCLUDING IRAN, NORTH KOREA, SUDAN OR SYRIA.

 

PLEASE NOTE THAT THESE TERMS AND THE REST OF THE AGREEMENT ARE SUBJECT TO CHANGE BY HUBBA IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Hubba will make a new copy of the applicable terms available at the Website.  We will also update the “Last Updated” date at the top of the Terms.  If we make any material changes, and you have registered with us to create an account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.  Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to registered Users (defined in Section 2 below).  Hubba may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

 

  1. Your Content

When you use our Services, you may upload or otherwise provide product content and information including text, specifications, images, spreadsheets, videos, names and email addresses, and other information (collectively “Content”), including those that allow you to curate and share content with other Hubba users, as well as message other Hubba users. Content includes all information made available to you or by you through Hubba Services and, if you are a Seller (see further: Supplemental Terms) “Content” includes the products you offer for sale through the Hubba marketplace. Your Content belongs to you. These Terms do not give us any ownership to your Content except for the limited rights that enable us to offer the Services. You are solely responsible for any Content that you submit to, transmit via or access through our Services. To deliver our Services, we need your approval to do things like hosting your Content, backing it up, and sharing it with other users of our Services, as well as featuring it in newsfeeds. When you engage Hubba for paid professional services, you agree to and authorize a Hubba consultant to log into your account and perform the professional services for the period of the engagement.

 

We take pride in the professionalism of our business, as we are sure you do as well. We may in our sole discretion, edit, remove or delete any Content that you post or submit that Hubba determines violates our User Conduct Policy. We have no obligation to monitor the use of the Services, however, you agree that Hubba reserves the right to monitor the Services electronically (including but not limited to Content, messaging, and profile information) to ensure there is no abuse of the Services and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Services or to protect itself or others.  Please be aware that some Content available with or through our Services may not be accurate and may not comply with applicable laws. You understand that neither Hubba nor any of its affiliates attempt to censor or monitor any such Content. Hubba and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content through our Services.

 

  1. Your Responsibilities

You are responsible for your conduct, your Content and you agree to comply with our User Conduct Policy (see section 3 below). Content uploaded to and available through our Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share Content unless you have the right to do so.  By submitting any Content or information to our Services, you represent and warrant that you have the right for us to  use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such Content in any form anywhere in the world.

Hubba is not responsible for the Content users post and share via the Services. Hubba does not assume any responsibility for your acts or omissions, including, without limitation, responsibility for any changes to information or Content you access or post via the Services, or that you engage Hubba to do on your behalf or any liability for products sold through the Hubba marketplace. Furthermore, Hubba has no responsibility or liability for permanently maintaining copies of the Content on its servers, and you agree to be solely responsible for regularly backing up your Content using methods not involving use of our Services.

 

You are solely responsible for your interactions with other users of our Services. You agree not to use our Services for any purpose that is unlawful or prohibited by the Terms. Use of our Services is with Hubba’s permission, which may be revoked at any time should Hubba determine, in its sole discretion, that you have violated these Terms and/or have abused the Services.

 

  1. User Conduct Policy

We are very proud to be associated with the wonderful Hubba user community, made up of amazing businesses and associated people. Our User Conduct Policy is designed to preserve the essence of the incredible Hubba community.

We may in our sole discretion, edit, remove or delete any Content that you post or submit that Hubba determines violates our User Conduct Policy.

We are proud of the professionalism and fairness of how our Company and its Services operate. You agree not to misuse Hubba’s Services. Without limitation, you must not, and must not attempt to do the following:

  • Use the Services for any purpose that is unlawful or prohibited by the Agreement;
  • Upload, publish, distribute, communicate or disseminate any obscene, offensive, sexually explicit, pornographic material or text, or content or text that advocates bigotry, religious, racial, ethnic, gender identity, disability or sexual-orientation hatred, or any unlawful material, or any counterfeit material;
  • Use the Services to publish or send any content or text that defames or causes any harm to another company, person, product or brand;
  • To create a false identity for the purpose of misleading others as to your identity or impersonate any person or entity or misrepresent their affiliation with a person or entity;
  • To transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful programs;
  • To attempt to gain unauthorized access to uploaded Content and other accounts, through password mining or any other means;
  • For illegal gambling or betting;
  • To promote adult content, the illegal use of alcohol, firearms, prescription or illegal drugs or tobacco products and related paraphernalia;
  • Use means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
  • Violate the law in any way including uploading, storing, publishing or sharing material that is fraudulent, defamatory, misleading, false, hateful or that violates the privacy or infringes the rights of others.
  • Upload or make available any Content which you do not have the right to make available under any law or under a contractual relationship;
  • Use communication features of the Services (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

 

As part of the registration process for our Services, you will select or be provided with a username and password. You are solely and fully responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your username and password. You agree to (i) immediately notify Hubba of any unauthorized use of your username and password or any other breach of security and (ii) ensure that you log off from your account at the end of each session. Hubba cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

 

By agreeing to accept our Terms of Service and related policies, you hereby represent and warrant to Hubba that (i) that you have the full power and authority to enter into and perform under these Terms, (ii) your use of the Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (iii) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, and (d) you own or otherwise have all rights necessary to upload, display and share the Content you submit on the Services and such use of your Content on the Hubba Services will not infringe or violate the rights of any third party.

 

If you become a Seller on the Hubba marketplace, then you are also agreeing not to list for sale any product on the Prohibited Items List (see further: Supplemental Terms & Conditions).

 

 

  1. Use of Services

Subject to your compliance with these Terms, Hubba grants you a limited, non-exclusive, non-assignable, revocable worldwide right to use our Services. You acknowledge that certain third party or open source codes may have been used to support Hubba’s Services and that the license terms accompanying that code will govern its use. All rights not expressly granted to you are reserved by Hubba. You specifically agree that you will not, nor will you assist or permit another person or party to:

 

  1. sublicense, lease, rent, loan, transfer or distribute any portion of the Services;
  2. modify, adapt, translate or create derivative works from the Services;
  3. decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services; or
  4. remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Services or on the hubba.com website.

 

  1. Our Intellectual Property

The Hubba technology, our content and our Services are protected by copyright, trademark, and other intellectual property laws. These Terms don’t grant you any right, title or interest in the Services, others’ Content available via the Services, Hubba technology, trademarks, logos and other brand features. You acknowledge that Hubba or third parties own all rights, title and interest in and to the technology used to provide the Services, including all intellectual property rights therein. Except for the usage right granted under this Agreement, Hubba and its licensors retain all rights in the technology used to provide the Services and in the Services, and no implied licenses are granted to you.

 

  1. Copyright

Hubba does not own any Content uploaded by users. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Content that you submit. Hubba is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content.

 

You are fully liable for the legality of all Content stored by you and content of messages sent by you through the Services. Furthermore, you are fully liable if such Content infringes upon third party rights, and accordingly, you agree to fully indemnify Hubba for all claims and losses related to such infringement and/or illegality.

 

If Hubba becomes aware that any of your Content is in violation of any law or infringes third party rights, Hubba reserves the right to delete or disable Content alleged to be infringing, and immediately suspend access or terminate accounts of repeat offenders. At our option, we may notify you of any such action.

 

  1. Copyright Notice Policy

We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • 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 owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We take the protection of the intellectual property of others very seriously. If you suspect or allege copyright infringement of certain content available via our Services, please notify us at copyright@hubba.com.

 

  1. Accounts Fees & Payment

8.1 We’re so excited to share the power and benefits of Hubba with you, that we want you to be able to curate and share your Content for free.  Any of our Services that are provided to you for free or for a fee are provided for the term detailed when you register for your user account, or for the term detailed in your contract. The scope and activities of any of our paid professional services are defined in the service offering you purchase and expire at the end of the term detailed therein. Hubba may permit you to participate in some, but not all, of the features and functionality available via the Services, and/or require that you pay an additional subscription fee, professional services fee, or other one-time fees in order to access additional features and functionality, and for Hubba professional services. Over time, if you decide to upgrade from a free account to a paying account to gain access to more features and functionality, we will bill you and your account will turn into a Paid Account. We’ll automatically bill you from the date you convert to or subscribe for a Paid Account and on each periodic renewal until you cancel your use of the Services under these Terms.

 

8.2 Fees: You agree to pay and authorize Hubba to charge using your selected payment method for all applicable fees and taxes that we charge when required to do so. If you enroll in the monthly billing plan, we begin charging you on the date you subscribe for a monthly Paid Account and on each periodic renewal.  If you enroll in the annual billing plan, we charge you on the date you subscribe for an annual Paid Account and on each periodic renewal, and all fees are non-refundable except as required by law. If you are purchasing any of our professional services or desire to purchase any other Hubba one-time services or packages, we charge you on the date you place your order. You are responsible for providing complete and accurate billing and contact information to Hubba.  If you do not pay on time for your Paid Account or for other purchased services, we reserve the right to suspend your Hubba account.

 

8.3 Auto Renewals and Trials:  IF YOUR PAID ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, HUBBA MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS YOU NOTIFY HUBBA IN WRITING THAT YOU WANT TO CANCEL OR DISABLE AUTO RENEWAL.   Hubba may revise fees charged for Paid Accounts, professional services and one-time purchases by providing you at least 30 days’ notice prior to the next charge. You may cancel your Hubba Paid Account at any time but you will not be issued a refund for any prepaid amounts.

  1. Termination & Suspension

While we will be disappointed to see you go, you are free to stop using our Services at any time. We reserve the right to suspend or end your access to Hubba Services at any time at our discretion and without notice.  For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. With the exception of Paid Accounts, we reserve the right to terminate and delete your account if you have not visited Hubba or accessed our Services for 6 (six) consecutive months. We’ll want you to come back, so naturally of course we will first provide you with notice via the email address associated with your account before we do so.

 

  1. Maintenance

We constantly strive to deliver excellent service to our users. Periodically, we will have to restrict user access to some or all of the Services in order to perform maintenance (including the bug fixes and upgrades to software and/or hardware). Hubba will endeavour to notify you of any change to our regularly scheduled maintenance window in advance. However, Hubba reserves the right to conduct unscheduled maintenance without prior notice when necessary.

 

  1. Disclaimer of Warranty

We treat all our customers with the utmost respect, and consider them valuable partners. We apologize for the wordiness of these next few sections, so please don’t take it personally – just blame it on the lawyers. We aim to provide great Services, but there are certain things that we can’t guarantee or control.

 

THE SERVICES PROVIDED BY HUBBA ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. YOU ARE RESPONSIBLE FOR THE USE AND COMPATIBILITY OF THE SERVICES WITH ANY EQUIPMENT, SOFTWARE, SERVICES AND/OR OTHER MATERIALS NOT PROVIDED BY HUBBA (“THIRD PARTY EQUIPMENT AND SERVICES”). HUBBA DISCLAIMS ALL RESPONSIBILITY FOR DETERMINING COMPATIBILITY BETWEEN THE SERVICES AND ANY THIRD PARTY PROVIDED EQUIPMENT AND SERVICES.

 

HUBBA DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN VIA THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. HUBBA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTING DEVICE RELATED TO OR RESULTING FROM POSTING OR ACCESSING INFORMATION IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL HUBBA OR ANY OF ITS AFFILIATES, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY CONTENT POSTED ON OUR SERVICES OR SHARED WITH OTHER USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES.

Terms & Conditions of Service

The entire risk as to the availability, quality and performance of the Services or any deliverable provided under these Terms rest solely with you. Further, neither Hubba nor its affiliates warrant that any data or files uploaded by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, or that any content or other material accessible through the Services is free of viruses or other harmful components, or will not be subject to “caching” at intermediate locations on the Internet when being accessed through the Services.

 

HUBBA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY PRODUCT INFORMATION, OR CONTENT PROVIDED THROUGH THE SERVICE AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

 

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUBBA AND ITS AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HUBBA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20.00 OR THE AMOUNTS PAID BY YOU, IF ANY, TO HUBBA FOR THE PAST THREE (3) MONTHS OF THE SERVICES IN QUESTION.

 

  1. Indemnity

You agree to indemnify and hold Hubba, its affiliates, and its directors, officers, employees, agents and suppliers harmless from any third party claim, demand, action, damage, loss, cost, expense or liability including, without limitation, reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against Hubba arising out of your use of the Services or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms by you. If you are obligated to provide indemnification, Hubba will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether Hubba wishes to settle it, and if so, on what terms.

 

  1. Resolving Disputes

We want to address your concerns without needing a formal lawsuit. Before filing a legal claim against Hubba, you agree to try to resolve the dispute informally by contacting feedback@hubba.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) working days of submission, you or Hubba may bring a formal proceeding in accordance with the terms of Section 15 below.

 

  1. Arbitration
    • BINDING ARBITRATION AGREEMEN – AGREEMENT TO ARBITRATE FOR USERS. YOU AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”) WHICH CANNOT BE RESOLVED INFORMALLY THROUGH THE PROCESS SET OUT IN SECTION 14, ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE DIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. We also both agree that:
  2. Notice of Dispute. If either you or Hubba intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Hubba should be sent to Hubba by mail to Hubba, 700-129 Spadina Avenue, Toronto, Ontario, Canada, M5V 2L3; or support@hubba.com. Notice to you will be to your email address(es) and street address(es), if any, that Hubba has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.
  3. Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by ADR Chambers in Toronto. ADR Chambers will apply the ADR Chambers Arbitration Rules. You can get procedures (including the process for beginning an arbitration), rules and fee information from the ADR Chambers (www.http://adrchambers.com/ca/).
  • Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in Toronto, Canada provided that your Dispute meets the requirements of the small claims court.
  1. Arbitration Location. Unless you and Hubba agree otherwise, the arbitration must take place, or the small claims action must be filed, in Toronto, Ontario, Canada.
  2. Number of Arbitrators. Unless you and Hubba agree otherwise, only one arbitrator shall be appointed.
  3. Settlement Offers. We may, but are not obligated to, make a written settlement offer anytime before or during arbitration. The amount or terms of any settlement offer may not be disclosed to the arbitrator unless and until the arbitrator issues an award on the claim.
  • If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. To avoid any doubt or uncertainty, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
    • CLASS ACTION WAIVER FOR NORTH AMERICAN USERS. THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
    • JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
    • Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
    • If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and Hubba, will be brought exclusively in the courts located in the city of Toronto, Ontario. In such cases, you agree to submit to the personal jurisdiction of the courts located within the city of Toronto, Ontario, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

  1. Miscellaneous

These Terms and the rest of the Agreement, constitute the entire agreement between you and Hubba pertaining to the subject matter of these Terms, and supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Hubba to insist upon or enforce any provision of these Terms is not a waiver of its right to do so later. If any provision contained in this Agreement is determined to be unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. Where any provision of this Agreement conflicts with an applicable law, the law shall supersede the Agreement only in respect of the conflicting provision. This Agreement is governed by the applicable laws of the Province of Ontario and federal laws of Canada, and the parties hereby attorn to the courts in the City of Toronto, Province of Ontario in any legal dispute arising hereunder. Hubba may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. If Hubba is subject to a reorganization, merger, acquisition or sale of our assets, Hubba may assign its rights and obligation under this Agreement without your prior written consent. You may not assign or transfer your rights or obligations under this Agreement.

 

  1. Hubba – Feedback

We really appreciate hearing from our customers.  We welcome and value feedback from you, as we continually improve and enhance our Services.  Hubba and its affiliates may retain and use any feedback, comments or ideas conveyed by you relating to the Services. This information may be used to enhance our Services, with the goal of providing you with expanded functionality and better service.   If you provide us with any feedback, you represent and warrant that you have the necessary right and authority to provide such feedback to us and that such feedback is not confidential or proprietary information of you or any other person.  You understand that you will not receive any compensation if we incorporate your feedback in our offerings.  We may assign the right to use your feedback to any affiliate or successor.

 

For any user feedback including suggestions to expand or improve our Services, issues related to privacy concerns, suspected copyright infringement or other misuse of the Services, please email us at feedback@hubba.com.

 

We love hearing from our customers, so please.…drop us a line anytime.