Legally buy and sell race bibs
BibHub Terms of Service and User Agreement
Last Updated: August 15, 2017
1 - USING BIBHUB
BIB MARKETPLACE. BibHub is a marketplace that allows users to buy (“Buyers”) and sell (“Sellers”) registrations for an event. As a marketplace, BibHub does not own the bibs on the Site nor does it set prices for bibs. Because Sellers set bib prices, they may be higher than initial registration fee paid.
While BibHub may provide pricing, listing, offering and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, BibHub has no control over and does not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of the user’s content, listings or offers; the ability of Sellers to sell bibs or Buyers to pay for them; or that a Buyer or Seller will complete a transaction.
YOUR ACCOUNT. You must create an account to list, offer, sell or buy bibs and you must have a valid payment credentials on file. Any disputes over payments must be resolved by the payment service provider you selected for that payment. You acknowledge that BibHub may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies).
FEES. We may charge service, delivery, fulfillment or other fees for using our Services (collectively referred to as ‘Fees’). BibHub reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after you list your bibs or make offers on bibs. In addition, we may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. BibHub, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information BibHub reported to a credit bureau, contact BibHub. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
LISTING BIBS. Pricing bibs and accurate descriptive comments are the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws. Under no circumstances may you list speculative bibs.
BIB OFFERS. Pricing bib offers is the sole responsibility of, and at the sole discretion of, Buyers and must be done in accordance with all applicable laws.
COMMITMENT TO SUPPLY. By listing a bib for sale, you are making a binding commitment to sell that bib to a Buyer who buys the bib for the price you have specified. When a Buyer accepts your offer by buying your bib through our Site or Services, you are contractually bound to give up ownership of said bib for the specified price and within the required delivery timeframe. Failure to fulfill your orders will lead to charges as stated.
COMMITMENT TO BUY. By making a bib offer, you are making a binding offer to buy a bib from a Buyer who sells the bib for the price you have specified. When a Seller accepts your offer by selling their bib through our Site or Services, you are contractually bound to take ownership of said bib for the specified price and within the required delivery timeframe. Failure to fulfill your orders will lead to charges as stated.
TAXES. You are solely responsible for the payment of any applicable taxes resulting from your bib sales. We do not collect taxes on any transactions. However, as a seller, you are responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes in connection with bib sales. You agree to provide BibHub with your Social Security Number or other tax identification number if necessary for BibHub to provide information to the Internal Revenue Service (“IRS”) or other tax authorities related to payments you receive from us and further authorize BibHub to release that information to the IRS or other tax authority.
SITE CHANGES AND AVAILABILITY. BibHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. BibHub performs regularly scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
BUYING BIBS. You are responsible for reading the complete listing before making a commitment to buy bibs. When buying, you are entering into a binding contract with the Seller to buy those bibs. Payment is remitted to BibHub and disbursed to the Seller according to our payment policy. All sales are final and Buyer will not receive a refund in case Buyer can no longer use the bib. You cannot change or cancel any orders after the sale is complete.
SELLER PAYMENTS. Generally, Sellers will be sent payments within five (5) business days (sometimes longer) following BibHub's confirmation of the Buyer's receipt of the bib. Payment receipt times will vary depending on the payment method chosen by the Seller. We'll also send you an email to let you know the Buyer received the bib and we have begun processing your payment.
EVENT CANCELLATIONS, POSTPONEMENT, AND OTHER EVENT CHANGES. BibHub is not responsible for loss of value in case an event or race is cancelled for which Buyer obtained a bib. Once a transfer or sale is finalized, it is the Buyer’s responsibility to directly monitor the website of the specific event or race for which he/she obtained the bib and to read and refer to the cancellation and refund policies offered by the RDs for each specific event or race in case of cancellation, postponement or other event change.
REVIEW, COMMENTS AND USE OF OTHER INTERACTIVE AREAS. We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant BibHub and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that BibHub may choose to provide attribution of your comments or reviews at our discretion. You further grant BibHub the right to pursue at law any person or entity that violates your or BibHub's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If BibHub provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TripAdvisor;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of BibHub, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose BibHub or its affiliates or its users to any harm or liability of any type.
BibHub takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BibHub liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BibHub is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although BibHub has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, BibHub reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by BibHub or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release BibHub, and its licensees, successors and assigns, from any claims that you could otherwise assert against BibHub by virtue of any such moral rights. Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
2 - ABUSING BIBHUB
When using the Site or the Services, you agree that you will not do any of the following:
- Contact or invite contact with other BibHub users for any reason other than the purpose for which you received the BibHub user’s contact information or solicit sales outside of BibHub;
- Use the Site or the Services for unlawful purposes or in an unlawful manner;
- Use BibHub’s name, logo or any of its trademarks without our written permission;
- Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your own personal information) or software from our Site or Services without the prior express written permission of BibHub and the appropriate third party, as applicable;
- Commercialize any BibHub application or any information or software associated with such application;
- Export or re-export any BibHub application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions;
- Use any robot, spider, scraper, or other automated means to access our Site for any purpose without our express written permission;
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Site;
- Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services; or
- Do anything else that BibHub determines, in its sole discretion, misuses the Site or Services or otherwise negatively impacts our marketplace.
In our effort to protect our Buyers and Sellers we may screen bib sales, listings or offers for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or offers and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account, listing or offer in our sole discretion.
3 - USER CONTENT AND IDEAS
USER CONTENT. You own and are solely responsible for any content including images, text, audio or other materials that you submit (‘User Content’). By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant BibHub the right to use your name or image in association with your User Content, if we so choose. You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify BibHub for any and all claims resulting from your User Content. BibHub has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and BibHub will not be liable for its use or disclosure.
IDEAS. If you submit ideas, suggestions, documents, and/or proposals (‘Ideas’) to BibHub, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that BibHub may have something similar to the Ideas under consideration or in development.
4 - PROTECTING INTELLECTUAL PROPERTY RIGHTS
BibHub respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people’s intellectual property rights, we will terminate your account when appropriate.
5 - CONSEQUENCES
If we believe you are abusing BibHub in any way (including, by way of example only, suspected violations of the User Agreement or applicable law, and actions that fail to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes)), we may investigate and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for such abuse. These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing or offer, requiring you to edit a listing or offer, cancelling a sale, requiring you to transfer the bib(s) to the Buyer within a specified time, withholding a payment to you, or charging the payment method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required. In addition, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
6 - PRIVACY AND COMMUNICATIONS
All communications between you and BibHub are subject to our User Privacy Notice. You consent to receive calls, including autodialed or prerecorded calls, and text messages from BibHub at any telephone number that you have provided us or we have otherwise obtained. We may place such calls and texts to (i) notify you regarding your account; (ii) provide customer support; (iii) collect a debt; (iv) resolve a dispute; (v) poll your opinions through surveys or questionnaires; (vi) contact you with marketing or promotional material; or (vii) as otherwise necessary to service your account, provide the Services, applications or tools, or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard rates may apply. We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In addition, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by BibHub so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable. If BibHub provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. You may not distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
7 - AGREEMENT TO ARBITRATE LEGAL DISPUTES WITH BIBHUB
You and BibHub each agree that any and all disputes or claims that have arisen or may arise between you and BibHub relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to BibHub’s Site or Services, or any bibs or related passes sold or bought through BibHub’s Site or Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(a) Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND BIBHUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BIBHUB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BIBHUB USERS.
(b) Arbitration Procedures Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association (‘AAA’) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice. A Notice to BibHub should be mailed to 2 West Dry Creek Circle, Suite 100, Littleton, Colorado 80120. BibHub will send any Notice to you to the physical address we have on file associated with your BibHub account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and BibHub are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or BibHub may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.
(c) Costs of Arbitration Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, BibHub will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by BibHub should be submitted by mail to the AAA along with your Demand for Arbitration and BibHub will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, BibHub will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse BibHub for all fees associated with the arbitration paid by BibHub on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
(d) Severability With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate (‘Prohibition of Class and Representative Actions and Non-Individualized Relief’), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (‘Prohibition of Class and Representative Actions and Non-Individualized Relief’) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement will continue to apply.
(e) Opt-Out Procedure You can choose to reject this Agreement to Arbitrate (‘opt out’) by mailing us a written opt-out notice (‘Opt-Out Notice’). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to 2 West Dry Creek Circle, Suite 100, Littleton, Colorado 80120. Your Opt-Out Notice must include your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the BibHub account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(f) Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and BibHub prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and BibHub. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on [website:url] at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
8 - APPLICABLE LAW
Except as otherwise stated, the Agreement shall be governed by the laws of the State of Colorado.
9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF BIBHUB’S SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BIBHUB MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY BIBS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIBHUB (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH BIBS YOU LIST OR OFFER APPEAR ON THE SITE OR SERVICES; SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
10 - RELEASE AND COVENANT NOT TO SUE
To the fullest extent permitted by law, you release and covenant not to sue BibHub, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g.,Colorado Revised Statutes) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
11 - INDEMNIFICATION
You agree to indemnify and hold BibHub and (if applicable) subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the ‘BibHub Indemnitees’) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by BibHub and (if applicable) any BibHub Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of BibHub’s Site or Services, and/or your violation of any law or the rights of a third party.
12 - GENERAL PROVISIONS
This Agreement, together with all additional policies referenced above constitutes the entire agreement between you and BibHub relating to your use of our Site or Services. You consent to receive notice by email to the address provided at registration. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. BibHub may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of BibHub, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. This Agreement is for your benefit only, not for the benefit of any third party except for BibHub’s permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing BibHub, User Content and Ideas, Consequences, Agreement to Arbitrate Disputes with BibHub, Limitation of Liability, and Indemnification.