Terms of Service

Effective: April 10, 2019

 

Welcome!

 

SECTION 17 BELOW ENTITLED “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” CONTAINS A MANDATORY ARBITRATION PROVISION. IT AFFECTS HOW DISPUTES WITH PUBHUB MOBILE INC ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

 

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll understand the rules that govern our relationship with you. Please read this document carefully as the following Terms are a legal agreement between you (“you”, “your”) and PubHub Mobile Inc (collectively referred to herein as “PubHub”, “Us”, “We”, “Company”, “the Company”, “Our”) and govern your use of PubHub’s services, including our website located at https://www.pubhubmobile.com (our "Website"), mobile apps, software, other online areas owned or operated by us, and other products and services provided by us (collectively, the "Services").. So please read them carefully.

 

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND PUBHUB’S PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MAY NOT USE OUR SERVICES.

 

1. PubHub’s Services

 

PubHub’s Services connect consumers with restaurants, bars, or other establishments (collectively referred to herein as “Merchants”) to facilitate on-demand ordering services. Through the Services, consumers may order beverages or food from a Merchant who also has access to PubHub’s Services.

PubHub is not a retail store, bar, restaurant, food or beverage delivery platform, merchandise delivery platform or food or beverage preparation entity. PubHub is not liable or responsible for Merchants’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, PubHub does not guarantee the quality of what Merchants sell and does not independently verify, and is not liable for, representations made by Merchants regarding their products on with PubHub’s Services.

As provided in greater detail in these Terms, you agree and acknowledge these material terms:

  • Our Services are not sold to you. You are granted a revocable license to use the Services and you may use the Services only as set forth in these Terms;

  • Your use of PubHub’s Services may be subject to separate third party terms of service and fees, including without limitation your mobile network & data provider’s ("Network & Data Provider") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

  • You agree to PubHub’s Privacy Policy, which details the collection, sharing, and use of your personally identifiable information;

  • Our Services are provided "as is" without warranties of any kind, and PubHub’s liability to you is limited; and

  • Disputes arising under these Terms will be resolved by binding individual arbitration.

  • PubHub may modify or terminate these Terms at any time, for any reason, and without advance notice.

 

2. Eligibility to Use the Services

 

By registering to use or accessing the Services, you state that:

  • You are at least 18 years old.

  • You can form a binding contract with PubHub.

  • Information you provide us through PubHub’s Services is accurate, current, and complete, and that you will keep this information up-to-date at all times.   

  • You are solely responsible for maintaining the confidentiality of your account and password.

  • You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.

  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

  • You are only using the Services for yourself and not on the behalf of someone else.

  • You will use the Services in a safe and responsible way.

  • You accept responsibility for all activities that occur under your account.

3. Rights We Grant You

PubHub grants you a personal, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

 

These Terms do not grant you any right to do any of the following (or enable anyone else to do so):

 

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services;

  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms; and

  • use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

 

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

4. Volunteered Information

 

We always love to hear from our users. But if you volunteer feedback, suggestions, or information through email, online form submissions, suggestions, or any other means of communication through our Services, just know that PubHub effectively owns these ideas and information and we can use them without informing or compensating you.

 

5. Transactions Involving Alcohol

PuHub does not sell Alcoholic Beverages (including but not limited to beer, wine, cider, cocktails, and spirits, as applicable; all referred to as "Alcoholic Beverages") . PubHub is a technology company that provides Services that connect consumers with Merchants that may hold Alcoholic Beverage licenses (hereinafter, “Alcohol Merchants”, “Alcohol Merchant”) to facilitate on-demand ordering services. PubHub acts as a third party provider and has no responsibility or liability to you for any Alcoholic Beverages you purchase from Alcohol Merchants. Any claims or disputes you have regarding an Alcohol Merchant’s products will be the responsibility of the Alcohol Merchant and must be brought by you directly to the Alcohol Merchant.

If you are a consumer and wish to purchase Alcoholic Beverages from Alcohol Merchants, you expressly represent and warrant that:

(i) you are at least twenty-one (21) years of age (“Legal Age”); and

(ii) you will provide authentic government-issued photo identification to the Alcohol Merchant. Valid forms of identification include but are not limited to:

  • A valid motor vehicle operator’s license;

  • A passport issued by the U.S. or by a foreign government; or

  • Valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age; and

(iii) You are purchasing Alcoholic Beverages for personal consumption and not for resale or any other commercial purpose; and

(iv) You are not procuring alcohol from Alcohol Merchants for person(s) under the Legal Age.

When you place an order for Alcoholic Beverages using the Services ("Alcohol Order"), such Alcohol Order will be either accepted or rejected by the Alcohol Merchant to whom the Alcohol Order was placed. PubHub does not have any authority to accept your Alcohol Order, and no sale pursuant to your Alcohol Order will become final unless and until Alcohol Merchant accepts your Alcohol Order.

For any Alcohol Order accepted by an Alcohol Merchant (such accepted sale an "Alcohol Purchase"), your credit card will be charged, and that portion of the funds from your credit card payment that relates to the Alcohol Purchase will be deposited into an account for the benefit of Alcohol Merchant in compliance with applicable alcoholic beverage laws.

If you are a Merchant and wish to connect with consumers using PubHub’s Services for the purpose of selling Alcoholic Beverages, you expressly represent and warrant that:

(i) You will verify that consumers you connect with using PubHub’s Services are at least the Legal Age by checking the consumer’s authentic government-issued photo identification.

(ii) You will not provide Alcoholic Beverages to anyone who is intoxicated, regardless of his or her age.  

PubHub reserves the right to report any actions by you that would violate Alcohol Beverage laws, including but not limited to misrepresentation of age and procuring Alcoholic Beverages for person(s) under age 21, to law enforcement authorities.

PUBHUB WILL NOT BE HELD ACCOUNTABLE FOR ANY BODILY INJURY, PROPERTY DAMAGE, LOSS OF LIFE, OTHER LOSSES, OTHER DAMAGES, EXPENSES, OR LEGAL FEES THAT RESULT FROM YOU OR OTHERS USING PUBHUB’S SERVICES TO ORDER AND PURCHASE ALCOHOLIC BEVERAGES.   

 

6. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that PubHub can collect, use, and share your information consistent with that policy.

 

7. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in.

By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms;

  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;

  • You will not use or develop any third-party applications that interact with the Services without our written consent;

  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;

  • You will not use or attempt to use another user’s account, username, or password without their permission;

  • You will not solicit login credentials from another user;

  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services;

  • You will not attempt to access areas or features of the Services that you are not authorized to access;

  • You will not probe, scan, or test the vulnerability of our Services or any system or network; and

  • You will not encourage or promote any activity that violates these Terms.

 

We also care about your safety while using our Services. Do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never drive while using our Services.

 

 

8. Your Account

You are responsible for any activity that occurs in your PubHub account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

 

By using the Services, you agree that, in addition to exercising common sense:

  • You will not create more than one account for yourself;

  • You will not create another account if we have already disabled your account, unless you have our written permission to do so;

  • You will not share your password; and

  • You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

 

You accept responsibility for all activities that occur under your account. If you have any reason to believe that someone has gained access to your account, please immediately notify us by emailing info@pubhubmobile.com. PubHub will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by PubHub or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

 

9. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your Network & Data Provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a PubHub account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

10. Third-Party Services

10.1. Third-Party Activities

 

While using our Services, you may purchase goods and services from third-party Merchants. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party Merchant. PubHub and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party. In no event shall PubHub or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and PubHub disclaims any and all responsibility or liability arising from such agreements between you and a third party.

10.2. Third-Party Marketing and Advertising

 

PubHub’s Services may contain third-party advertisements and marketing. By accessing or using PubHub’s Services, you agree to receiving such advertisements and marketing.

 

10.3. Links to Third-Party Websites

 

PubHub’s Services may contain links to third-party websites. PubHub has no control over third-party websites and shall not be liable for any content, terms, or policies held by such third-party websites.

 

11. Payments

11.1 General Payment Terms

 

By accessing or using the Services, you understand and agree that the prices for menu items or products displayed with PubHub’s Services may differ from the prices offered or published by Merchants and/or other third-parties for the same menu items or products.

 

By accessing or using PubHub’s Services, you may be required to pay fees to PubHub. PubHub may change or add fees for use of our Services at any time as we deem necessary or appropriate. When confirming an order for payment, you will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee.

 

PubHub has no obligation to itemize our costs, revenues, margins or profits when we publish prices on our Services and we reserve the right to change such prices at any time for any reason.  

 

PubHub will charge the method of payment you designate at the time of payment or otherwise designated by you in your account information. You agree to pay all charges, including gratuities, fees and taxes, and any part thereof, relevant to any purchase or activity your PubHub account participates in. Unless otherwise stated, all fees are exclusive of applicable taxes and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Services.

 

11.2. Charges Through Stripe

 

PubHub utilizes Stripe to complete all credit card, debit card, and Apple Pay transactions for purchases made using the Services. If you use a credit card or debit card or Apple Pay to complete any transactions using the Services, you agree to both PubHub’s Terms as well as any of Stripe’s terms and conditions and privacy policies. We have no control over Stripe’s terms and conditions and privacy policies and take no responsibility for them. We suggest you read and understand Stripe’s terms of use and privacy policies.  

 

11.3. Referral Programs

 

PubHub may offer a referral program (“Referral Program”), allowing you to earn product credits or other promotional rewards (“Referral Rewards”) by inviting your eligible friends to register as new PubHub users using a individual referral code (“Referral Codes”). Referral Codes must be used for the intended purposes and audience, and may not be made available to the general public in any way (including being posted on a public forum) or transferred or sold in any manner unless expressly agreed to by PubHub. Referral Rewards are non-transferrable, are not redeemable for cash or other consideration, and may not be sold. You understand and agree we may change the terms and conditions of a Referral Program, terminate a Referral Program, or expire, deduct, limit, or modify your Referral Rewards at any time for any reason.

 

11.4. Payment Service Authorization

 

PubHub may place an initial pre-authorization hold on each new payment method added to your account. Pre-authorizations reduce your available account balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
 

11.5. Cancelled Orders

 

If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. If your order has been accepted by a Merchant, you will be unable cancel orders said order and will be charged for the order.

 

11.6. Returns and Refunds

 

Charges paid by you for completed orders are final and non-refundable. PubHub has no obligation to provide refunds or credits. PubHub is an intermediary between consumers and Merchants. All purchases made using the Services are agreements between consumers and Merchants. All desired purchase returns, refunds, or cancellations must be handled with the Merchant the purchase was made with using the Services.

 

11.7. Delinquent Accounts

 

We reserve the right to suspend or terminate your access to PubHub’s Services if a payment due on your account is delinquent. Your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.

 

12. Merchants on PubHub

 

12.1 General

 

If you are a Merchant wishing to sell products with PubHub’s Services, you agree to all of the following:

  • You will abide by the Terms set forth in Section 5 “Transactions Involving Alcohol”;

  • You agree to PubHub’s use of third-party payment processors, including but not limited to Stripe and Apple Pay;

  • You agree and release PubHub from all liability in any way regarding the products you advertise, promote, sell or purchase using the Services;

  • You agree and release PubHub from all liability in any way regarding your interactions with the Services or other users of the Services, whether Merchant or consumer; and

  • You agree that payments from PubHub to you will not occur on a more frequent basis than 48 hours;  

 

12.2 Third-Party Payment Processing

 

If you are a Merchant accessing or using PubHub’s Services to sell your products, you agree to allow third-parties, including but not limited to Stripe and Apple Pay, to process and collect payment from consumers ordering your products. By accessing or using PubHub’s Services, you agree to these third-parties terms of service and privacy policies. We have no control over these third-parties terms and conditions and privacy policies and take no responsibility for them. We suggest you read and understand their terms of use and privacy policies.

 

12.2 Frequency of Payment

 

The frequency of payments to Merchants for sales made on PubHub for products Merchants sell on PubHub will be agreed upon on a case-by-case basis.     

 

13. Modifying the Services and Termination

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

PubHub may modify or terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity.

 

Regardless of who terminates these Terms, both you and PubHub continue to be bound by sections 3, 6, and 9-17 the Terms.

14. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless PubHub and its affiliates, officers, directors, shareholders, employees, agents, partners, licensors, and suppliers harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your actions or behavior; (c) your actual or alleged breach of these Terms; (d) your violation of any third-party right, including without limitation any right to privacy, publicity rights or Intellectual Property Rights, including Submissions you Distribute through the Services; (d) your wrongful or improper use of the Services; (e) your violation of any rights of another; and (f) your violation of any law, rule or regulation of the United States or any other country.

 

This obligation will survive the termination or expiration of these Terms and/or your use of the Services. You are responsible for all use of the Services using your account, and that these Terms apply to any and all usage of your PubHub account. You agree to comply with these Terms and to defend, indemnify and hold harmless PubHub from and against any and all claims and demands arising from usage of your PubHub account, whether or not such usage is expressly authorized by you.

15. Disclaimer of Warranties

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. PUBHUB AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, PUBHUB AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, UNINTERRUPTED, OR TIMELY; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE VOUCHERS OR OTHER ITEMS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.;

 

ALL MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PUBHUB’S SERVICES IS ACCESSED AT YOUR OWN RISK AND DISCRETION, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUBHUB OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBHUB AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) OR OTHER INTANGIBLE LOSSES (EVEN IF PUBHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR STATEMENTS OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES;

(C) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (D) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; AND (F) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL PUBHUB’S AGGREGATE LIABILITY IN CONNECTION WITH ANY SERVICE, INCLUDING ANY VOUCHER, EXCEED THE PUBHUB FEES ACTUALLY PAID BY YOU TO PUBHUB IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.

THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.

PUBHUB’S SERVICES CONNECT YOU TO MERCHANTS FOR THE PURPOSES OF FACILITATING PRODUCT FULFILLMENT SERVICES. PUBHUB WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY MERCHANTS, AND YOU EXPRESSLY WAIVE AND RELEASE PUBHUB FROM ANY AND ALL LIABILITY, CLAIMS, INJURY, ILLNESS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE MERCHANTS. PUBHUB WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS WITH THE SERVICES, AND YOU EXPRESSLY WAIVE AND RELEASE PUBHUB FROM ANY AND ALL LIABILITY, CLAIMS, INJURY, ILLNESS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, AND THE ITEMS THEY PROVIDE. PUBHUB WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY MERCHANTS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE PUBHUB FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, INJURY, ILLNESS, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

THE QUALITY OF THE MERCHANT PROVIDING SERVICES THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE MERCHANT WHO ULTIMATELY PROVIDES PRODUCTS TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICES, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK.

 

17. Dispute Resolution and Arbitration Agreement


17.1. General

 

PubHub is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any transactions, communications, disputes or any relations whatsoever between you and any other user, Merchant, or other third party. Disputes between you and PubHub are subject to Sections 16.2, 16.3, 16.4, 16.5, and 16.6. You and PubHub agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.

 

17.2. Binding Individual Arbitration and Class Action Waiver.

You and PubHub agree that all claims, issues, disputes, or disagreements (“Disputes”) that may arise in connection with these Terms, or that in any way relate to your use of PubHub’s Services, will be resolved by neutral binding individual arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PUBHUB. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

 

All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
 

Any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and PubHub also include respective officers, directors, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in, and you consent to, the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.

 

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PUBHUB ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

 

17.3. AAA Arbitration Process

 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/sites/default/files/Demand%20for%20Arbitration%20Consumer%20Arbitration%20Rules.pdf and a separate affidavit for waiver of fees for California residents only at https://www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Notice%20California%20Consumers.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

17.4. Prohibition of Class Actions and Non-Individualized Relief

 

YOU UNDERSTAND AND AGREE THAT YOU AND PUBHUB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND PUBHUB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

 

The arbitrator shall have no authority to consider or resolve any Dispute any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Dispute any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

 

17.5. Arbitration Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

 

17.6. Time Limitations for Initiating Disputes


Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

 

 

18. Choice of Law

These Terms and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles.

 

19. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

 

20. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.

 

21. Final Terms

  • These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and PubHub, and supersede any prior agreements;

  • These Terms do not create or confer any third-party beneficiary rights;

  • If we do not enforce a provision in these Terms, it will not be considered a waiver;

  • We reserve all rights not expressly granted to you; and

  • You may not transfer any of your rights or obligations under these Terms without our consent.

 

22. How to Contact Us

PubHub welcomes comments, questions, concerns, or suggestions. Please send us feedback by visiting PubHub Support.