TERMS OF SERVICE

Last Updated: June 27, 2016

By accessing, registering, creating an Account (as defined below), signing in, downloading or using any features of the site located at www.bubit.com or the Bub App (collectively, the “Bub Site”), which is owned and operated by Bub, LLC ("Bub," "us," or "we"), you agree to be bound by these terms of service (collectively, "Terms"). All visitors to and users of any aspects of the Bub Site or Bub Services (as defined below) (each, a “User”; collectively, "Users") are bound by these Terms. We reserve the right to modify the Terms at any time without prior notice to you, and your continued use of or access to the Bub Site or Bub Services constitutes acceptance of any amendments, additions, or modifications of these Terms. You are only authorized to use the Bub Site and Bub Services if you agree to comply with all applicable laws and these Terms. We recommend that you read these Terms carefully each time you use the Bub Site.

These Terms set out the legally binding terms with respect to your use of the Bub Site and Bub Services. Your access to and use of the Bub Site constitutes your acceptance of all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, download, or use the Bub Site.

Please note that the guidelines, policies and other terms and conditions of service and use of other website, applications, or offers affiliated with or embedded within the Bub Site may vary from these Terms.

BUB GENERALLY

The Bub Site is a peer-to-peer marketplace and service designed to connect and facilitate a rental transaction between (the “Bub Service”) Users that are interested in renting their tools, lawn and garden equipment and other personal property to other Users (each a "Lender") and Users interested in renting such personal property from Lenders for their own use (each a "Borrower”). By using the Bub Site or Bub Service you acknowledge and agree that (i) Bub is not a participant in any transaction between Users, (ii) Bub merely facilitates transactions between Users, and (iii) any transactions arranged via the Bub Site or through the use of Bub Services are entered into directly between Users.

ELIGIBILITY

The Bub Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Bub Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register, or create an Account on the Bub Site. Bub reserves the right to limit or restrict access by any person, in our sole discretion, and, in the event we become aware you are under 18, we will terminate your registration or Account.

PRIVACY

Use of the Bub Site is also governed by our Privacy Policy, which we encourage you to review. Our Privacy Policy is incorporated by reference into these Terms, so by agreeing to these Terms, you also agree to our Privacy Policy and consent to the practices we describe in the Privacy Policy relating to data.

CHANGES TO BUB SITES

You agree and understand that the Bub Site and Bub Services, including any and all features available via the Bub Site or Bub Services, and any User Content (as defined below) may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Bub Site implemented after your initial access to the Bub Site shall be subject to these Terms. We undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Bub Site by any User (all such items provided by Users, collectively, "User Content"). Nonetheless, we reserve the right to monitor and modify User Content and we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration or Account of such violators or blocking such violators' use of the Bub Site.

REGISTRATION/ACCOUNT CREATION

In order to access some features of the Bub Site or use the Bub Services, you may be required to establish a user account (“Account”) by (i) providing a user name, cellular telephone number, valid email address, and such other information requested by Bub from time to time, including, without limitation, contact information, payment information for receipt of payment (e.g., bank account information), and a payment method (e.g., credit card information) for making payments and (ii) selecting a password (collectively, “Account Information”). If you register or create an Account, you agree to provide us with accurate and complete Account Information and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a username subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your Account. In addition, we reserve the right to accept, reject, or cancel an Account or Account Information.

TAXES

You acknowledge and agree that you are obligated to report as income all compensation you receive through transactions resulting from use of the Bub Services or Bub Site, and that you are solely responsible for paying all income and other taxes due as a result of such compensation. You further acknowledge and agree that states, cities or other applicable jurisdictions may impose taxes or surcharges related to transactions resulting from use of the Bub Services or Bub Site and that you are solely responsible for paying such taxes or surcharges. You are solely responsible for determining whether any such tax or charge is applicable, calculating the same and remitting it to the applicable authority, and adjusting the amounts that you impose upon other Users accordingly, to the extent you want other Users to bear or share the burden of such amount. You agree to indemnify and hold Bub and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim relating to any such tax or charge. Bub does not offer tax-related advice; for questions about your tax liability, you must contact your own attorney, accountant or tax advisor.

 

EMAILS, SMS MESSAGES, CALLS, AND PUSH NOTIFICATIONS

By providing Bub your email address and/or cellular telephone number, you consent and agree: (i) to Bub sending Bub Site or Bub Service related email and SMS messages, respectively, including any notices required by law (in lieu of sending such notices by mail or other delivery method), and that you may not opt out of such email and SMS messages; (ii) to receiving commercial email and SMS messages from or on behalf of Bub and our partners; (iii) and to receiving push notifications through the Bub Site. Standard call, SMS message, and data consumptions rates and charges shall apply and you shall be solely responsible for paying such rates and charges.

THIRD PARTY ACCOUNTS

You may be able to access your Account by logging into your account with certain third-party sites (each, a “Third Party Account”) or link your Account to certain Third Party Accounts by providing information relating to such Third Party Account or allowing Bub access to your Third Party Account, each as permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account information to Bub and grant Bub access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Bub to pay any fees or making Bub subject to any usage limitations imposed by such third-party service providers. By granting Bub access to Third Party Accounts, you understand that Bub may access, make available and store (if applicable) any content (including personally identifiable information) that you have provided to and stored in your Third Party Account (“Third Party Content”) so that it is available on and through the Bub Site. For purposes of these Terms all such Third Party Content, if any, will be considered User Content.

SECURITY

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your Account, whether or not you authorize such activities. You agree to (i) immediately notify us of any unauthorized use of your Account of which you become aware, and (ii) ensure that you exit from your Account at the end of each session. Bub will not be liable for any losses caused by any unauthorized use of your account.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Bub Site, Bub reserves the right at any time, in its sole discretion, to block Users from certain IP addresses from accessing the Bub Site.

USE OF THE SITE/LICENSE

Bub grants you a limited license to make use of the Bub Site. This license grant does not include: (i) the right to rent, lease, lend, sell, or redistribute Bub Site or content therein; (ii) the collection and use of any content (including User Content); (iii) making derivative uses of the Bub Site and its contents; or (iv) use of any data mining, robots, or similar data gathering and extraction methods on the Bub Site. Except as noted above, Users of the Bub Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bub or any third party. You may not use, frame or utilize framing techniques to enclose any Bub trademark, logo, content or other proprietary information (including the images found at the Bub Site, the content of any text or the layout/design of any page or form contained on a page) without Bub’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Bub name, trademark, or product name without Bub’s express written consent. Any unauthorized use of the Bub Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You acknowledge and agree that we do not control the User Content posted to the Bub Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Bub Site, and (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Bub Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Bub Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

RESTRICTIONS ON RIGHT TO USE

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity to):

  • Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Bub Site, except and to the extent expressly permitted under these Terms;

  • Remove any copyright, trademark or other proprietary rights notice contained in or on the Bub Site;

  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Bub Site or its contents;

  • Collect any information about other Users (including usernames, personally identifiable information and/or email addresses) for any purpose other than to provide or receive services which may be offered on the Bub Site or to solicit and share reviews with other Users;

  • Reformat or frame any portion of any Web pages that are part of the Bub Site;

  • Create user accounts by automated means or under false or fraudulent pretenses;

  • Create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the Bub Site;

  • Submit to the Bub Site any content that falsely states or implies that such content is sponsored or endorsed by us;

  • Transmit or upload to the Bub Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Bub Site, any other Web site, or any computer or other device or system, or the enjoyment of the Bub Site by any User;

  • Use the Bub Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

  • Submit to the Bub Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Bub Site to transfer or store illegal material, including any material deemed threatening or obscene;

  • Copy or store any User Content offered on the Bub Site other than for your personal, non-commercial use;

  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Bub Site or the IT infrastructure used to operate and make the Bub Site available;

  • Use the Bub Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law;

  • Collect or store personal data about other Users in connection with the prohibited activities described in this paragraph; Engage in advertising to or solicitation of other Users for anything other than to provide or receive services which may be offered on the Bub Site or to solicit and share reviews with other Users through the mechanisms provided by Bub. This includes, but is not limited to solicitation or advertising to buy or sell products or services through the Bub Site or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Users;

  • Use any information obtained from the Bub Site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent; or

  • Adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bub Site or any software used on or for the Site or cause others to do so.

USER CONTENT POSTED BY YOU ON THE BUB SITE

Without limiting the generality of any other provisions of these Terms, you agree:

  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, (ii) is proprietary to a third party, without such third party's prior written consent, or (iii) is defamatory, abusive, violent, overtly sexual or pornographic, or otherwise objectionable, as determined by Bub.

  • You understand and agree that we undertake no obligation to monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity (iv) or threatens and/or interferes with the Bub business model or reputation in the marketplace.

  • You are solely responsible for any User Content you post, publish or display on the Bub Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Bub Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.

  • You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Bub Site any User Content that is false, inaccurate, misleading or fraudulent.

  • By uploading User Content to the Bub Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) us and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's use in connection with the Bub Site. You hereby irrevocably waive and assign to us any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the Bub Site.

The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Bub Site. You may not post any content that:

  • Is patently offensive to users of the ServiceLive Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • Harasses or advocates harassment of another person;

  • Promotes illegal activities or conduct that is abusive;

  • Is threatening, obscene, defamatory or libelous;

  • Is pornographic or sexually explicit in nature; or

  • Seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

COPYRIGHTS

If you believe any User Content or any other aspect of the Bub Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Bub Site

  • 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 owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Bub Site may be reached at the following address:

Copyright Agent 
Sears Holdings Management Corporation
 
3333 Beverly Road 
Hoffman Estates, IL 60179

Or by email: shmcdmca@searshc.com

COUNTER-NOTICE

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent: 

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, IL, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Bub may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bub's sole discretion. 

OWNERSHIP

As between you and us, the Bub Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Bub Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Bub Site are the proprietary property of Bub or its respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Bub Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Bub Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF THE BUB SITE, BUB SERVICES AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE BUB SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE BUB SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE BUB SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BUB SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE BUB SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE BUB SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BUB SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE BUB SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE BUB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION ON LIABILITY

IN NO EVENT SHALL BUB OR ITS RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE BUB SITE OR BUB SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BUB SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, BUB'S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE BUB SITE, BUB SERVICES OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BUB SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

INDEMNITY

You agree to indemnify and hold Bub and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Bub Site, (ii) your use of the Bub Site or Bub Services, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms, (vi) any use of your username, password, Account or Account Information by you or any third party, or (vii) the infringement or other violation by you, or any third party using your username, password, Account or Account Information, of any intellectual property or other right of any person or entity.

THIRD PARTY ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES

We may display on the Bub Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE BUB SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

DISPUTES

Any dispute relative to the Bub Site or use or inability to use the Bub Site will be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Bub Site shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

IN NO EVENT SHALL BUB OR ITS RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, be liable for your interactions or transactions with other Users, or for any Users actions or inaction with respect to transactions, resulting from the use of the BUB Site or BUB Services. YOU EXPRESSLY WAIVE AND RELEASE BUB AND ITS RESPECTIVE AFFILIATES, AND THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY OTHER USER, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. You are solely responsible for your interactions and transactions with other Users, and you agree to look solely to such other Users for any claim, damage or liability associated with any interaction or transaction resulting from the use of the Bub Site or Bub Services. While we may help facilitate successful transactions and the resolution of disputes between Users, we do not guarantee the success, quality, safety, truth or accuracy of User Content or transactions resulting from the use of the Bub Site or Bub Services.

APPLICABLE

By visiting Bub Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Bub.

MISCELLANEOUS

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Bub in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, SMS message, regular mail, or postings on the Bub Site. These Terms, together with the Privacy Policy constitute the entire agreement among you and Bub regarding use of the Bub Site and Bub Services. Bub's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate the Privacy Policy for the Bub Site and any notices regarding the Bub Site.