These Terms and Conditions of Use (hereafter the “Terms”) govern an individual user’s (hereafter alternately and severally “you,” “your,” and the “user,”) access or use, of applications, websites, content, products, as well as your use of transportation and car services (the “Services”) made available to the user, by Bubbl Investments, LLC or by its subsidiaries or affiliates (collectively, “Bubbl”). Any reference hereafter to a “Passenger” includes the user as well as any guest or invitee of the user, each and several of whom demonstrate and acknowledge their consent to these Terms by their use of the Services. EACH USER AND PASSENGER AGREES TO READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Each user’s access and use of the Bubbl app, website, and transportation services provided by Bubbl constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and Bubbl. If you do not agree to these Terms, you are prohibited from accessing or using the Services. These Terms expressly supersede all prior representations and agreements between Bubbl and any person or user. Bubbl may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny any user access to the Services or any portion thereof, at any time and for any reason.
In the event Bubbl chooses to provide the user with a promotional event or opportunity, Bubbl will provide supplemental terms that will apply exclusively to the particular event, promotion or opportunity. Any supplemental terms will be disclosed to you in connection with the promotion or opportunity. Any supplemental terms are in addition to, and shall be deemed a part of, these Terms. In the event of a conflict with these Terms, any supplemental terms will prevail in respect to the applicable promotion or opportunity.
Bubbl may amend these Terms, from time to time, and at Bubbl’s sole discretion. Amendments to these Terms will be effective upon Bubbl’s posting of such updated Terms at this location. The user’s continued use of the Services after the posting of amended or updated Terms constitutes the user’s consent to be bound by the updated or amended Terms.
Services. The Services constitute a personal transportation service, based on Bubbl’s technology platform that enables users of Bubbl’s mobile applications or websites provided as part of the Services (each, an “Application”) to request and schedule transportation services provided by Bubbl, within Bubbl’s service area, and according to Bubbl’s policies and procedures. Unless otherwise agreed by Bubbl in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Right to Refuse Service. Bubbl reserves the right to refuse service to any person, at any time, and at the sole discretion of Bubbl. Bubbl determines whether to provide Services when requested and makes all determinations based on geographic locations, driver availability, vehicle availability, and other proprietary business considerations. Bubbl is under no obligation to fulfill a request for transportation service by any user at any time. Bubbl further reserves the right to terminate its provision of Services at any time for non-compliance with these Terms. Bubbl’s refusal of service will not be made on the basis of race, color, national origin, ancestry, sex, gender, identity, religion, creed, disability, or on the basis of any other protected class or status.
License. Upon your agreement to be bound by these Terms, and subject to your continued compliance with these Terms, Bubbl grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferrable license to:
a access and use Bubbl’s Applications and websites on your personal device solely in connection with your use of the Services, and;
b access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by Bubbl.
Restrictions. During your use of the Services you may not:
a remove any copyright, trademark or other proprietary notices from any portion of the Services;
b reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Bubbl;
c decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law;
d link to, mirror, or frame any portion of the Services;
e cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation or functionality of any aspect of the Services; or
f attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content. Software and Mobile devise manufacturers including but not limited to Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited are third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Bubbl Ownership of Apps and Services. The Services and all rights therein are and shall remain Bubbl’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Bubbl’s company names, logos, names, trademarks or service marks.
Bubbl User Account Registration. In order to access the Bubbl app and receive the Services, you must register for and maintain an active user account (“Account”). You must be at least eighteen (18) years of age to obtain an Account from Bubbl. Each Account registration requires you to submit certain personal information to Bubbl, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner as approved by Bubbl from time to time and at Bubbl’s sole discretion). You agree to maintain accurate, complete, and up-to-date personal and payment information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Bubbl’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
Bubbl Services provided to Minor Passengers. Any Service request for transportation of minor children under the age of eighteen (18) years must be arranged by the authorized holder of a user Account. You may not authorize third parties to use your Account, and you may not allow persons under the age of eighteen (18) years to receive Bubbl transportation unless such transportation is authorized or accompanied by the holder of the user Account. Any transportation services provided to a person younger than eighteen (18) years of age and requested by an authorized Account is presumed to be an authorized use of the Services. Bubbl shall not be required to verify the identity or age of any user of an Account prior to the provision of the Services.
Bubbl anticipates that from time to time Bubbl will be requested to provide transportation services to unaccompanied minor children. The User agrees to obtain the consent of each minor passenger’s parent or legal guardian prior to arranging Bubbl transportation Services. At the time of each request for the provision of Services to minor children, the User warrants and represents by its request for Services, that the User has obtained authority granted by such minor child’s parent or legal guardian to request Bubbl Services on behalf of the minor passenger. The User hereby agrees to defend, indemnify and hold harmless Bubbl, as well as its employees, officers, managers, and agents from and against any and all demands, claims, actions, causes of action, suits, proceedings, investigations, liabilities, obligations, judgments, losses, damages, costs or expenses (including, without limitation, reasonable attorney’s fees) (collectively, “Damages”), as they are incurred or suffered by Bubbl or its employees, officers, managers, and agents, and caused by or arising out of Bubbl’s provision of the Services to any minor passenger pursuant to a misrepresentation of authority by the User. Any Service request for transportation of a minor child under the age of eight (8) years must be accompanied by a person over the age of eighteen (18) who maintains and accepts responsibility for the custody and care of the minor passenger. Any child or minor passenger that requires the use of a booster seat or safety seat must be accompanied by a parent or legal guardian over the age of eighteen (18) years to assist the child with buckling into and out of the booster seat or safety seat. Bubbl will not provide booster seats for the User. Bubbl drivers will not assist in buckling a minor child into a booster seat at any time.
User Account Compliance. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to Bubbl or to any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Special Assistance Advance Booking. Any Service request made on behalf of a passenger, who is unable to make such service request on his or her own, or who is unable to communicate the requested destination, must be made eight (8) hours in advance of the scheduled pick-up, and must include the scheduled pick-up location and destination. Bubbl vehicles are not designed or intended to accommodate passengers beyond the capability of typical taxi or car services. If you have questions or concerns regarding your travel, please contact Bubbl customer service at (214) 205-6562 or online at email@example.com.
Communications from Bubbl and Text Messaging. By creating an Account, you agree that Bubbl may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Further, you expressly consent and agree to accept and receive communications from Bubbl, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to Bubbl. By consenting to being contacted by Bubbl, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Bubbl, its affiliated companies and/or drivers, including but not limited to: operational communications concerning your User account or use of the Bubbl Platform or Services, updates concerning new and existing features on the Bubbl Platform, communications concerning promotions run by Bubbl or our third party partners, and news concerning Bubbl.
Content Provided by Bubbl Users. Bubbl may, from time to time and in Bubbl’s sole discretion, permit any user or person to submit, upload, publish or otherwise make available to Bubbl any information, text, or data (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Bubbl, you grant Bubbl a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Bubbl’s business and on third-party sites and services). Bubbl shall not be required to obtain your consent prior to use of the User Content, and will not be required to compensate or pay you for use of the User Content.
User Representations regarding ownership and use of User Content. The User represents and warrants to Bubbl and to all parties concerned that:
a the user is either the sole and exclusive owner of all User Content, or;
b the user has all rights, licenses, consents and releases necessary to grant Bubbl the license to the User Content as set forth above; and
c neither the User Content nor the user’s submission, uploading, publishing or otherwise making available of such User Content nor Bubbl’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
No Unauthorized User Content. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bubbl in its sole discretion, whether or not such material may be protected by law. Bubbl may, but shall not be obligated to, review, monitor, or remove User Content, at Bubbl’s sole discretion and at any time and for any reason, without notice to you.
Bubbl Not Liable for Unauthorized Use. Bubbl expressly disclaims any liability arising from the unauthorized use of a User account. Each person to whom a user account is issued is solely responsible for safeguarding his or her account access, passwords, and login information. In the event of any unauthorized access to a User account the user agrees to change all passwords and notify Bubbl immediately. The user will remain solely liable for charges incurred on behalf of the user account.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Bubbl does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Social Networking Sites. As part of the functionality of the Bubbl Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the Bubbl Platform or allowing Bubbl to access your SNS Account. By granting Bubbl access to any SNS Accounts, you understand that Bubbl may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Bubbl Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Bubbl Platform.
Smoking, Use of Tobacco Products, and Open Alcoholic Beverage Containers Prohibited. The smoking of any tobacco product, use of any smokeless tobacco product, and use of any vapor inhaling devices are strictly prohibited in all Bubbl vehicles. Passengers are prohibited from possessing any open alcoholic beverage container while in a Bubbl vehicle. You agree that you will not use any tobacco products or possess any open containers of alcoholic beverages while using the Services.
Restricted Activities. With respect to your use of the Bubbl Platform and your participation in the Services, you agree that you will not:
a impersonate any person or entity;
b engage in any conduct or behavior that endangers, threatens, or creates a potential for harm to any person;
c stalk, threaten, or otherwise harass any person;
d carry any weapons unless legally permitted to do so;
e negligently or intentionally damage any Bubbl vehicle or property;
f violate any law, statute, ordinance or regulation;
g possess, use, or distribute any drugs, narcotics, or other banned or illegal substances;
h interfere with or disrupt the Services or the Bubbl Platform or the servers or networks connected to the Bubbl Platform;
i post Information or interact on the Bubbl Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
j use the Bubbl Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
k post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
l forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Bubbl Platform;
m “frame” or “mirror” any part of the Bubbl Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to Bubbl in order to direct any person to any other web site for any purpose; or
n modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Bubbl Platform or any software used on or for the Bubbl Platform;
o rent, lease, lend, sell, redistribute, license or sublicense the Bubbl Platform or access to any portion of the Bubbl Platform;
p use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Bubbl Platform or its contents;
q link directly or indirectly to any other web sites;
r transfer or sell your User account, password and/or identification to any other party; or
s cause any third party to engage in the restricted activities above.
Bubbl reserves the right, but not the obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
Intellectual Property Rights. All intellectual property rights in the Bubbl Platform are owned by Bubbl absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Bubbl Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to Bubbl are non-confidential and shall become the sole property of Bubbl. Bubbl shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The name “Bubbl” and Bubbl logos, designs, graphics, icons, scripts and service names are trademarks or trade dress of Bubbl in the United States and/or other countries (collectively, the “Bubbl Marks”). The Bubbl Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Bubbl is the owner and licensor of the Bubbl Marks, and that your use of the Bubbl Marks will confer no additional interest in or ownership of the Bubbl Marks in you but rather inures to the benefit of Bubbl.
You agree that you will not:
a create any materials that incorporate the Bubbl Marks or any derivatives of the Bubbl Marks other than as expressly approved by Bubbl in writing;
b use the Bubbl Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Bubbl Marks other than in accordance with the terms, conditions and restrictions herein;
c take any other action that would jeopardize or impair Bubbl’s rights as owner of the Bubbl Marks or the legality and/or enforceability of the Bubbl Marks, including, without limitation, challenging or opposing Bubbl’s ownership in the Bubbl Marks;
d apply for trademark registration or renewal of trademark registration of any of the Bubbl Marks, any derivative of the Bubbl Marks, any combination of the Bubbl Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Bubbl Marks;
e use the Bubbl Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Bubbl’s sole discretion. If you create any materials bearing the Bubbl Marks (in violation of this Agreement or otherwise), you agree that upon their creation Bubbl exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Bubbl Marks or derivative works based on the Bubbl Marks. You further agree to assign any interest or right you may have in such materials to Bubbl, and to provide information and execute any documents as reasonably requested by Bubbl to enable Bubbl to formalize such assignment.
You consent and agree that your use of the Services, as well as any service requests submitted by the use of your user account, will result in charges to you for the services requested from and provided by Bubbl (“Charges”). Charges will be inclusive of ride cancellation fees, tolls, surcharges, and applicable taxes. All Charges become due and payable immediately upon completion of the services you receive from Bubbl, or immediately upon your cancellation of a requested ride. Charges paid by you are final and non-refundable, unless otherwise determined by Bubbl. All Charges will be immediately fulfilled, and payment will be obtained by Bubbl using the preferred payment method designated by you and associated with your Account, after which Bubbl will send you a receipt by email or other electronic message format. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Bubbl may use a secondary payment method in your Account, if available.
As between you and Bubbl, Bubbl reserves the right to establish, remove and/or revise Charges at any time at Bubbl’s sole discretion. Bubbl will use reasonable efforts to inform you of all Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Bubbl may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless specifically made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services at any time prior to Bubbl’s arrival, in which case you agree and consent to be charged a ride cancellation fee using the preferred payment method designated in your Account.
Bubbl’s user payment structure is intended to compensate Bubbl for the services provided. Bubbl does not designate any portion of your payment as a tip or gratuity to a Bubbl driver. You understand and agree that, while you are free to provide additional payment as a gratuity to any Bubbl driver, you are under no obligation to do so, and all gratuities are voluntary.
Credit Card Authorization. Upon addition of a new payment method or each ride request, Bubbl may seek authorization of your selected payment method to verify your payment method, ensure the cost of the Services will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Fees for Damage to Bubbl Vehicles. You consent and agree to be fully responsible for the cost of any repair for damage to Bubbl vehicles, or for any necessary cleaning of Bubbl vehicles that result from your use of the Services, normal “wear and tear” excepted. (“Repair or Cleaning”). In the event that Bubbl determines at its sole and absolute discretion that a Bubbl vehicle requires Repair or Cleaning, Bubbl reserves the right to obtain payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be charged to you by Bubbl, are immediately due and payable, and are non-refundable.
DISCLAIMER. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BUBBL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BUBBL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BUBBL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF BUBBL DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY. BUBBL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BUBBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUBBL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BUBBL’S REASONABLE CONTROL. IN NO EVENT SHALL BUBBL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR LOSS, DAMAGE, OR DELAY, INCLUDING WEATHER DELAYS.
BUBBL IS RESPONSIBLE ONLY FOR THE SAFE AND REASONABLE USE OF ITS OWN VEHICLES AND ASSUMES NO RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHERS. BUBBL ASSUMES NO LIABILITY FOR DAMAGES, INJURY, OR LOSS WHICH RESULTS FROM ACTS OR OMISSIONS OF PASSENGERS IN VIOLATION OF THESE TERMS INCLUDING BUT NOT LIMITED TO PASSENGERS WHO ENGAGE IN ANY OF THE RESTRICTED ACTIVITIES DESCRIBED ABOVE. BUBBL IS NOT A CARRIER FOR THE DELIVERY OF GOODS AND ASSUMES NO LIABILITY FOR PERSONAL PROPERTY DAMAGE.
BUBBL’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR LOGISTICS SERVICES, BUT YOU AGREE THAT BUBBL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY BUBBL OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity. You agree to indemnify and hold Bubbl and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Bubbl’s use of your User Content; or (iv) your violation of the rights of any third party.
Dispute Resolution Process. IF ANY CONTROVERSY OR CLAIM ARISES OUT OF OR RELATES TO THESE TERMS OR THE BREACH OF THESE TERMS, THE PARTIES WILL ATTEMPT IN GOOD FAITH TO NEGOTIATE A SOLUTION TO THEIR DIFFERENCES. IF NEGOTIATION DOES NOT RESULT IN A RESOLUTION WITHIN THIRTY (30) DAYS FROM THE DATE WHEN ONE PARTY FIRST NOTIFIES THE OTHER OF THE CONTROVERSY OR CLAIM THEN THE CLAIM OR CONTROVERSY MUST BE MEDIATED PRIOR TO A PARTY SEEKING A LEGAL OR EQUITABLE REMEDY. SAID MEDIATOR MUST BE A LICENSED ATTORNEY. MEDIATION SHALL COMMENCE NO LATER THAN THIRTY (30) DAYS FOLLOWING A PARTY’S NOTICE TO THE OTHER PARTY REQUESTING MEDIATION. EACH PARTY SHALL BEAR ITS OWN COSTS IN THE MEDIATION. FOLLOWING MEDIATION IF UNSUCCESSFUL, ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT THAT IS AMONG OR BETWEEN THE PARTIES HERETO SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY ARBITRATION – SO THAT THE PARTIES HERETO WAIVE THEIR RIGHT TO BRING ANY LEGAL OR EQUITABLE JUDICIAL ACTION (EXCEPT FOR ACTIONS SEEKING INJUNCTIONS AS DESCRIBED HEREIN) WITH RESPECT TO ANY SUCH CLAIM OR CONTROVERSY AND ALL LOSSES ASSOCIATED THEREWITH. THE ARBITRATION SHALL BE HELD BEFORE ONE ARBITRATOR UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN FORCE AT THAT TIME. THE ARBITRATION SHALL BE VENUED IN DALLAS COUNTY, TEXAS. THE ARBITRATOR SHALL BE SELECTED PURSUANT TO THE AAA RULES. SHOULD NO AAA RULE REGARDING THE SELECTION OF AN ARBITRATOR BE IN EFFECT, THE COMPANY SHALL SELECT AN ARBITRATOR FROM A PANEL OF ARBITRATORS ACCEPTABLE TO THE PARTIES INVOLVED. ALL ARBITRATION COSTS, INCLUDING THE FILING FEES, SHALL BE PAID BY THE NON-PREVAILING PARTY. TO BEGIN THE ARBITRATION PROCESS, A PARTY MUST MAKE A WRITTEN DEMAND THEREFOR.
ANY JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION IN DALLAS COUNTY, TEXAS.
THIS AGREEMENT PROVIDES THAT UPON FAILURE OF MEDIATION ALL CLAIMS, CONTROVERSIES, AND DISPUTES BETWEEN AND AMONG THE PARTIES HERETO WILL BE RESOLVED BY BINDING ARBITRATION. THUS, THE PARTIES HERETO GIVE UP THEIR RIGHTS TO GO TO COURT TO ASSERT OR DEFEND THEIR RIGHTS. THUS, THE RIGHTS OF THE PARTIES HERETO WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. THE PARTIES HERETO ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
SHOULD A DISPUTE ARISE AND SHOULD THE ARBITRATION PROVISIONS HEREIN BECOME INAPPLICABLE OR UNENFORCEABLE, THE PARTIES HERETO AGREE THAT JURISDICTION OVER, AND VENUE OF ANY SUIT SHALL BE EXCLUSIVELY IN THE STATE AND FEDERAL COURTS SITTING IN DALLAS COUNTY, TEXAS.
NOTWITHSTANDING THE CONTRARY PROVISIONS OF THIS AGREEMENT A PARTY HERETO MAY JUDICIALLY SEEK EQUITABLE RELIEF IN THE FORM OF INJUNCTIONS AND SHALL NOT BE REQUIRED TO SEEK SUCH THROUGH ARBITRATION OR MEDIATION.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Bubbl changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Bubbl written notice of such rejection from the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Bubbl in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Governing Law & Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AGREEMENTS EXECUTED, DELIVERED, AND PERFORMED IN DALLAS COUNTY, TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS RULES OR CHOICE OF LAWS RULES THEREOF. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL BE IN DALLAS COUNTY, TEXAS.
Notice. Bubbl may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Bubbl, with such notice deemed given when received by Bubbl, at any time by first class mail or pre-paid post to _____________________________(business mailing address) or to email@example.com.
General. You may not assign these Terms without Bubbl’s prior written approval. Bubbl may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Bubbl’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Bubbl as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Bubbl’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bubbl in writing.
Severability. If any one or more of these Terms are held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining Terms will not be affected thereby. To the extent permitted by applicable law, each Party waives any provision of law which renders any provision of these Terms invalid, illegal or unenforceable in any respect.