terms of service

Last Revised: July 22, 2026

Table of Contents

1. APPLICATION OF THESE TERMS OF SERVICE

2. PRIVACY NOTICE

3. ACCESSING THE SERVICE

4. PROPRIETARY RIGHTS AND YOUR USE OF THE SERVICE

5. YOUR COMMUNICATIONS TO THE SERVICE

6. PROHIBITED USES

7. RELIANCE ON INFORMATION POSTED

8. THIRD-PARTY LINKS

9. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

10. APP STORES

11. LINKING TO THE SERVICE AND SOCIAL MEDIA FEATURES

12. DISCLAIMER OF WARRANTIES

13. LIMITATION OF LIABILITY

14. INDEMNIFICATION

15. COPYRIGHT COMPLAINTS

16. INJUNCTIVE RELIEF

17. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

18. OTHER TERMS

19. QUESTIONS

1. APPLICATION OF THESE TERMS OF SERVICE

BubHub, LLC (“BubHub,” “we,” “our,” or “us”) provides the website, mobile application, services available through the website and mobile application, and other services (collectively, the “Service”) on which these Terms of Service (“Terms”) appear. For purposes of these Terms, “you,” “your,” and “user” mean the person accessing the Service. These Terms are a legally binding contract between you and us regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SERVICE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICE IF YOU VIOLATE THESE TERMS.

EACH TIME YOU CLICK “I ACCEPT,” DOWNLOAD, INSTALL, OR OTHERWISE ACCESS OR USE THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AS THEY APPEAR ON THE SERVICE REGARDLESS OF HOW OR IF YOU COMPLETE A TRANSACTION WITH US. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER:

These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, see our arbitration section below which can be found below.

MODIFICATION OF THESE TERMS AND THE SERVICE:

In addition to these Terms, your use of certain parts of the Service may be subject to additional agreements, policies, or rules applicable to the Service (“Additional Terms”). If these Terms are inconsistent with any Additional Terms, those Additional Terms shall control.

We may modify these Terms at any time by posting the updated Terms on the Service. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. You are responsible for regularly reviewing these Terms.

We reserve the right to withdraw, discontinue, amend, or restrict your access to the Service, and any products, services, or Materials (defined below) provided on the Service, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Service, including any paid-for functionalities of the Service, is unavailable at any time or for any period.

2. PRIVACY NOTICE

Please review our Privacy Notice, which applies to your use of the Service (but is not part of these Terms) to understand our privacy practices.

3. ACCESSING THE SERVICE

By accessing and using the Service, you acknowledge and agree that:

• Compliance with U.S. Law. You must obey all applicable U.S. federal, state, and local laws when accessing and using the Service.

• Minimum Age. We do not allow persons under the age of eighteen (18) to use the Service and by accessing and using the Service, you represent and warrant that you are eighteen (18) years of age or over.

• Electronic Communications. When you use the Service or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By agreeing to these Terms, you consent to us providing disclosures to you, communicating, and otherwise conducting business with you electronically. You agree to use electronic records and signatures throughout the course of our relationship as part of your use of the Service, and that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that your electronic signature will be binding to the same extent as if you signed on paper with an ink signature.

• Email Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.

• Telephone and SMS Communications. You further agree that BubHub and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. You may opt-out of these forms of communication at any time by changing your preferences or settings. However, you acknowledge that opting out of receiving all messages may impact your use of the Service. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.

• Registration Information. As a condition of accessing the Service, you may be asked to provide certain registration details or other information about you, and you agree that all the information you provide must be, and is, correct, current, and complete, and that you have the authority to provide such information to us.

• Technical Requirements. You are responsible for making all technical arrangements necessary for you to access the Service, including access to a secure internet connection, use of an internet browser that supports encryption and software requirements for the Service, and ensuring that your access to the Service is secure.

• Account Credentials. If you are given or create a username, password, or any other piece of security information (“credentials”), you must keep it confidential and not share it with anyone. Your account is personal to you and you must not allow others to access the Service using your credentials. You bear the entire risk for any use of your credentials, whether or not authorized, and for any actions taken by others if you allow another person access to the Service using your credentials, and we are not liable for any damages resulting therefrom. We have the right to disable your credentials, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms or if there is a security breach.

• Notice of Unauthorized Access. You agree to notify us immediately of any unauthorized use of your credentials or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

• Business Accounts. The Service may allow you to create an account on behalf of a business, organization, or other entity (“Business Account”). If you create a Business Account, you represent and warrant that you are authorized to act on behalf of that entity and to bind it to these Terms. The entity on whose behalf you create the Business Account agrees to be bound by these Terms. Business Accounts may be subject to additional terms, verification requirements, or eligibility criteria as we may establish from time to time. You are responsible for all activity that occurs under your Business Account, including activity by any employees, agents, or contractors to whom you grant access.

4. PROPRIETARY RIGHTS AND YOUR USE OF THE SERVICE

We provide content through the Service that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.

Subject to these Terms, we grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Service solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Service’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

5. YOUR COMMUNICATIONS TO THE SERVICE

The Service may contain message boards, chat rooms, personal or business pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, including photos, videos, files, messages, advertisements, events, and other materials (collectively, “User Content”) on or through the Service.

• Public Nature of User Content. Any User Content you post to the Service will be considered non-confidential and non-proprietary, and to the extent visible to other users and third parties, public information.

• License of User Content. By submitting any User Content to us through the Service, you grant us a perpetual, royalty-free, worldwide, irrevocable, non-exclusive, transferable, and sublicensable license to use, modify, reproduce, adapt, publish, translate, create derivative works from, display, and distribute your content for purposes related to the Service. You will not receive compensation for this use or license.

• You Represent that You Have a Right to Post User Content. By submitting User Content, you represent that you own or control all rights to the User Content you post, and have the authority to grant the above license.

• Compliance of User Content. You acknowledge and understand that you are responsible for the User Content you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further acknowledge that your content complies with these Terms and that your User Content is legal and in compliance with all applicable laws, regulations, and regulatory guidance.

• BubHub No Liability or Responsibility. You agree that BubHub is not the publisher or speaker of any User Content and that we are not responsible or liable to you or any third party for the content, legality, or appropriateness of any User Content posted by you or any other user of the Service, or for any loss or damage resulting from User Content transmitted through the Service.

6. PROHIBITED USES

By accessing the Service, you agree to not use the Service or upload User Content in any way that:

• Changes or alters the Service or Materials or content that may appear on the Service;

• Impairs in any way the integrity or operation of the Service;

• Interferes with or induces a breach of the contractual relationships between us and our employees;

• Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;

• Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;

• Transmits any harmful or disabling computer codes or viruses;

• Harvests email addresses from the Service;

• Transmits unsolicited email to the Service or to anyone whose email address includes the domain name of the Service;

• Interferes with our network services;

• Attempts to gain unauthorized access to our network services;

• Suggests an express or implied affiliation or relationship with us without our express written permission;

• Impairs or limits our ability to operate the Service or any other person’s ability to access and use the Service;

• Impersonates or otherwise misrepresents your affiliation with any person or entity;

• Is likely to deceive any person;

• Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

• Promotes, transmits, or uploads violent, obscene, sexually explicit, pornographic, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, inflammatory, or otherwise objectionable content or images, including content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;

• Dilutes or depreciates our or any of our affiliates’ name and reputation;

• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of ours or another person;

• Violates the legal rights (including the rights of publicity and privacy) of others or contains material that could give rise to any civil or criminal liability under applicable laws; or

• Otherwise may be in conflict with these Terms and our Privacy Notice.

The above list of Prohibited Uses provides examples and is not exhaustive. We have no obligation, but maintain the right, to monitor the Service. We cannot consistently monitor all aspects of the Service or all information, User Content, or Materials before they are posted on the Service, nor can we ensure prompt removal or amendment of information, User Content, or Materials after they have been submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party.

We reserve the right to take any of the following actions in our sole discretion, with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is a Prohibited Use or otherwise a violation of these Terms. We have no liability or responsibility to anyone for the performance or nonperformance of these actions:

• Terminate access to your account and your ability to use the Service (or the Materials);

• Remove, delete, or disable access to any User Content;

• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

• Take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the Service; and

• Cooperate fully with any law enforcement authorities or comply with any court order requesting or directing us to disclose the identity or other information of anyone using the Service.

YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. FURTHER, WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR THE PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

7. RELIANCE ON INFORMATION POSTED

We provide information on the Service for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. THIRD-PARTY LINKS

The Service may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

9. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our Service or other transactions for the sale of goods or services formed through the Service, or resulting from visits made by you, are governed by the terms of sale, which are hereby incorporated into these Terms.

We may charge fees for certain uses of the Service. We reserve the right to change fee structures upon reasonable notice. Users of our Service may enter into additional agreements with us as part of their use of the Service. Under the terms of such agreements, we may receive a fee from them.

Where applicable, any fees charged under these Terms are exclusive of all taxes, including national, state, or local taxes, if any, including, without limitation, sales, use, rental receipt, personal property, customs duties, levies, or other taxes, which may be levied or assessed in connection with these Terms. Unless you are a tax-exempt entity and provide us with reasonable documentation demonstrating your tax-exempt status, you agree to bear and be responsible for the payment of all taxes, except for taxes based upon our income. You shall pay such tax when due or reimburse us, as applicable.

10. APP STORES

You acknowledge and agree that the availability of our mobile application may be dependent on the third party from which you received the application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and us and not with the App Store and that we are responsible for the provision of the Service as described in these Terms. However, if you downloaded the mobile application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

11. LINKING TO THE SERVICE AND SOCIAL MEDIA FEATURES

The Service may provide certain features that enable you to:

• Link your own or certain third-party websites to certain content on the Service;

• Send emails or other communications with certain content, or links to certain content, on the Service; or

• Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you;

• Establish a link in a way that is illegal or that damages or takes advantage of our reputation;

• Suggest any form of association, approval or endorsement on our part without our express written consent;

• Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

• Link to any part of the Service other than the homepage; or

• Otherwise take any action with respect to the Materials on the Service that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission and to disable any links without notice.

12. DISCLAIMER OF WARRANTIES

Your use of the Service and Materials provided through the Service is at your own risk. We do not guarantee or warrant the usefulness, timeliness, completeness, accuracy, or uninterrupted availability of the Service or Materials, nor do we guarantee that any Materials or information provided via the Service are free of typographical or other errors, merely because they have been made available through the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, OR ON THE SERVICE, THE SERVICE AND MATERIALS OFFERED ON OR THROUGH THE SERVICE, AS WELL AS ANY REFERENCED THIRD-PARTY SITES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS POSTED ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

13. LIMITATION OF LIABILITY

WE CANNOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME, AS PUBLIC NETWORKS SUCH AS THE INTERNET OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SERVICE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SERVICE ARE UNAVOIDABLE. BY PROVIDING THE SERVICE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICE WILL REMAIN AVAILABLE TO YOU, AND WE RESERVE THE RIGHT TO TERMINATE ALL OR PART OF THE SERVICE, OR YOUR ACCESS TO IT, AT ANY TIME, IN OUR SOLE DISCRETION, WITHOUT NOTICE TO YOU. WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS IN ACCESSING THE SERVICE OR OUR TERMINATION OF THE SERVICE.

NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100).

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SERVICE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Service. Such acts may include: (i) providing content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (ii) unauthorized use of material obtained through the Service; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

15. COPYRIGHT COMPLAINTS

BubHub respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact BubHub through the contact information provided in section 19 of these Terms.

INJUNCTIVE RELIEF

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Tarrant County, Texas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

16. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Service and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Service involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants’ counsel and BubHub will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and BubHub will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and BubHub will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those Claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any Claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Service and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at legal@bubhubhq.com and including in the subject line “Rejection of Arbitration Provision.”

17. OTHER TERMS

Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Service) constitute the entire agreement between you and us and they supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Service and information, software, products and services associated with it.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the laws of the United States. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts within Tarrant County, Texas, except where the jurisdiction and venue are mandated by applicable law.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Service as further described in our Privacy Notice.

No Waiver. No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors. Information on the Service may contain technical inaccuracies or typographical errors. We attempt to make the Service’s postings as accurate as possible, but we do not warrant the content of the Service is accurate, complete, reliable, current, or error-free.

18. QUESTIONS

If you have any questions or comments about these Terms or the Service, please contact us by email at legal@bubhubhq.com. You also may write to us at:

BubHub, LLC
Attn: Legal
5473 Blair Rd Ste 100 #266913
Dallas, TX 75231

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