TERMS OF USE/LEGAL NOTICE/AGREEMENT – WWW.BIBBOARDS.COM SITE (hereinafter, “Site”)

Your use of the Site is governed by the Site Privacy Policy located at www.bibboards.com/privacy-policy/. The Site Privacy Policy is incorporated by reference into these TOU.

Miscellaneous

You acknowledge that any opinions and/or recommendations contained on the Site are not necessarily those of BIBBOARDS nor endorsed by BIBBOARDS. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.

BIBBOARDS does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.

You agree that BIBBOARDS is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.

BIBBOARDS is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to BIBBOARDS’s or its vendors’ computer or network systems, including any BIBBOARDS hardware or devices, that may or may not result in the disclosure of your personal information you provided to us.

YOU AGREE THAT any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of California, without regard to any conflict of laws provisions.

THE TOU AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with BIBBOARDS and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by BIBBOARDS that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and BIBBOARDS, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Agreement.
2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BIBBOARDS should be sent to: Attn: Brian Goodell, BibBoards, Inc. d/b/a BibBoards, 2551 San Ramon Valey Blvd., Suite 226, San Ramon, California 94583. After the Notice is received, you and BIBBOARDS may attempt to resolve the claim or dispute informally. If you and BIBBOARDS do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3. Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. Any hearing will be held in a location within 50 miles of BIBBOARDS, unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
5. Time Limits. If you or BIBBOARDS pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the applicable JAMS Rules for the pertinent claim.
6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and BIBBOARDS, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BIBBOARDS.
7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and BIBBOARDS in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BIBBOARDS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BIBBOARDS.
13. Emergency Equitable Relief. Notwithstanding the foregoing, BIBBOARDS may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration, and may initiate such proceedings before Notice. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
14. Claims Not Subject to Arbitration. Notwithstanding the foregoing, any BIBBOARDS claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of BIBBOARDS’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
15. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction and venue of the state or federal courts located closest to San Ramon, California.

YOU AGREE THAT BIBBOARDS will be irreparably injured if the provisions of this Agreement are breached by you and/or not specifically enforced.

YOU AGREE THAT if you commit or, in the belief of BIBBOARDS, threaten to commit, a breach of any of the provisions of this Agreement, BIBBOARDS and each of its subsidiaries shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to BIBBOARDS and its subsidiaries, and that money damages will not provide an adequate remedy therefore.

YOU AGREE THAT any such injunction/specific performance referenced in the previous paragraph shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction.

YOU AGREE THAT if this Agreement is breached by you, BIBBOARDS will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement.

If any part of these TOU is determined by a court or tribunal of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.

These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and BIBBOARDS, with respect to the Site.

If you violate any portion of these TOU, BIBBOARDS reserves the right, without an obligation to do so, to deny you access to the Site and/or remove any UGC you may have posted/uploaded on the Site. If BIBBOARDS terminates your access to the Site, BIBBOARDS may also delete your Site account. BIBBOARDS has the right to terminate any password-restricted account for any reason. If your Site account is terminated, you are prohibited from re-registering for a new Site account without first getting permission from BIBBOARDS.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, terminate your Site account and access to the Site, and/or refuse to provide any Site services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We can also terminate this Agreement at any time, with or without cause.

BIBBOARDS's failure to enforce any portion of these TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TOU.

BIBBOARDS reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. You agree that BIBBOARDS is not liable to you or any other third party for this action.

BIBBOARDS does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site. You are solely responsible for obtaining access to the Site and any fees associated with such access (e.g., airtime charges, ISP fees, other third party fees, etc.). In addition, you must provide, and you are responsible for, all equipment necessary to access the Site.

You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. BIBBOARDS may revoke this linking permission at any time and for any reason.

Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

You agree that you will not assist or participate in any such diversion or other violation of applicable laws and regulations as referenced in the previous paragraph.

YOU AGREE THAT you will not permit or license anyone not approved under applicable law or regulations to receive controlled commodities, and that none of the materials on the Site are being, or will be, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or otherwise used for proscribed activities.

This Agreement does not create an agency, joint venture, partnership, fiduciary relationship, or any similar relationship between the parties, and neither party has the right or authority to act for, or on behalf of, the other party.

Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure failures, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers, beyond the control of the parties.