Terms and Conditions
TERMS AND CONDITIONS AND SUMMARY
These Terms and Conditions (“T&C” or “Agreement”) govern your use of Bib Flip LLC’s (“Bib Flip”) services, websites, and other products. By accessing or using our website (the ‘Site’), using any applications or other services we provide (including, without limitations, registration of an account or attempting to buy, sell, trade, or otherwise engage in a bib transaction) (collectively, the ‘Services’), it means that you agree to be bound by this Agreement as well as any other publicly posted or available obligations, such as our Privacy Policy or Cookie Policy, each of which is incorporated into this Agreement by reference.
For your own ease of understanding, here are the most important points of this Agreement
Bib Flip is a marketplace for trading, buying, or selling Bibs for races. We make it possible for racers to not let their registrations go to waste in case of changes of plan. We’re not affiliated with any race or event unless we specifically say so.
We charge a fee for facilitating each transaction on the site. Taxes and other fees are your responsibility.
There are no refunds or reimbursements if a sale, purchase, or trade was not permissible under a given race/event’s rules, so make sure your proposed transaction is allowed before you make a final decision.
We’ll help you if there are technical issues with the site or if you need help communicating with someone via the marketplace. But we’re not responsible for anything that happens during negotiation of a transaction or after it closes.
We may change this Agreement from time to time, and we’ll issue a notice on the website if we do. Each time you visit the site, the app, or use any other product or service we offer is a reaffirmation of your consent to this Agreement.
GENERAL
BIB MARKETPLACE
Bib Flip is a marketplace that allows users to buy, sell, trade, and otherwise transact regarding registration for races and other events. As the name implies, this means, among other things, that users can exchange bibs or pay for them. Although we aim to provide as accurate information about events as we can, things change, and any information we provide or share about races or events on our marketplace is not guaranteed to be accurate. We make no guarantees at all about the accuracy, quality, existence, legality, or value of any representation made by users of our services. The only representation we make to users is that we have not altered a listing on the marketplace; every other facet of the listing is the responsibility of the poster, and all responsibility for verification of accuracy rests with users.
YOUR ACCOUNT
You must create an account to list, sell or purchase bibs and you must have a valid credit card or debit card on file. Bib Flip also accepts payment by PayPal. You acknowledge that Bib Flip 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, shipping, delivery, fulfillment or other fees for using our Services (collectively referred to as ‘Fees’). Bib Flip reserves the right in its sole discretion to change Fees at any time as it deems appropriate. We reserve the right to collect amounts owed via lawful methods.
TRANSACTION PROCESS
All matters involved in the actual exchange process for bibs are the responsibility of users, including listing, describing, negotiating for, pricing, buying, selling, closing on, and transferring bibs (“Bib Activity”). Bib Flip has no control over the transactions and acts solely as a conduit/marketplace. By engaging in Bib Activity, you are warranting that you have the right to engage in such activity and that it complies with all applicable laws and all applicable regulations of a race or event.
You understand that purchasing a bib or any other activity through the Service does not guarantee that you have a registered place at a race or event, and you understand that all responsibility for ensuring registration or any other requirements is entirely your own, and that we make no representations or guarantees about your ability to actually participate in an event.
By using the Services, you expressly confirm that you have reviewed all applicable race regulations and legal requirements and are not engaged in a prohibited activity such as, for example, scalping
By listing a bib for sale, you are making a binding offer to sell that bib to a Buyer who purchases the bib for the price you have specified. When a Buyer accepts your offer by purchasing your bib through our Site or Services, you are contractually bound to deliver that exact bib for the specified price and within the required delivery timeframe. Under no circumstances may Sellers cancel orders at one price and repost the same bib for a higher price. Failure to fulfil your orders will lead to charges as stated in the Seller Policies. No speculative or prospective bibs may be listed on the marketplace (e.g., a bib which has not yet been purchased or registered for).
You are responsible for reading the complete listing before making a commitment to buy bibs. When placing an order, you are entering into a binding contract with the Seller to purchase those bibs. Payment is remitted to Bib Flip and disbursed to the seller according to our payment policy. All Sales are Final. All transactions are final, and we are not responsible for any refunds or rebates. You cannot change or cancel any orders after the sale is complete.
Bib Flip does not oversee bib transfers from seller to buyer. It is the users’ responsibility to make all necessary communications with race directors or other race/event administration to facilitate bib transfer into buyer’s name. If there is a transfer fee applicable, you understand that it is your responsibility to ensure that it is managed and/or paid in accord with relevant regulations. Bib Flip does not guarantee that a bib transfer is effective; such responsibility rests with the users.
You may not list, buy, sell, or transfer a bib in contravention of any law or any race/event regulation. Bib Flip is not responsible for guaranteeing the validity or exchangeability of any bib and disclaims any responsibility for the transfer itself other than facilitating the transaction on the marketplace. By using the Services you waive any and all claims against Bib Flip for the purchase, sale, or transaction of an unauthorized bib.
You are solely responsible for the payment of any applicable taxes resulting from your bib sales.
EVENT CANCELLATIONS, POSTPONEMENT, AND OTHER EVENT CHANGES.
Cancellation: If we become aware that a race or even is cancelled, we will remove the relevant listings. Buyers and sellers will then arrange for reimbursements in accord with relevant race/event policies.
YOUR OBLIGATIONS AND REPRESENTATIONS
By using the Services, you agree, acknowledge, and warrant that you
Have the legal right to use the Services, are older than 18 years old, and are not otherwise barred from engaging in the Services or Bib Activity;
May post user generated content (“UGC”) through our services, and that you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid-up, transferable, sublicensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media now known or in the future, such content. You warrant and represent that all UGC is owned by you or that you control all rights to it, that the UGC does not violate or appropriate any right of another, violates no laws, and will not cause injury to anyone.
You agree to indemnify and hold harmless Bib Flip as against any claim, suit, action, or other proceeding arising out of or related to your use of the Services or your UGC.
Will only use the Services in a lawful manner, and will not violate any law, regulation, or other legal obligation, including these Terms and Conditions;
Will not use the Services for any purposes other than those for which they have been listed here;
Will not or use data from the Services for any purposes whatsoever other than for engaging in Bib Activity or other permissible acts under these Agreements, and;
Will not undertake any activity or act that could, in Bib Flips’ sole and exclusive discretion, otherwise undermine or harm the Bib Flip marketplace or Bib Flip.
ARBITRATION
You and Bib Flip each agree that any and all disputes or claims that have arisen or may arise between you and Bib Flip relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Bib Flip’s Site or Services, or any bibs or related passes sold or purchased through Bib Flip’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.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND BIB FLIP 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 BIB FLIP 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 BIB FLIP USERS.
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 Bib Flip should be emailed to [email protected]. Bib Flip will send any Notice to you to the physical address we have on file associated with your Bib Flip 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 Bib Flip are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Bib Flip may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.
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, Bib Flip will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Bib Flip should be submitted by mail to the AAA along with your Demand for Arbitration and Bib Flip 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, Bib Flip 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 Bib Flip for all fees associated with the arbitration paid by Bib Flip on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
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.
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 email the Opt-Out Notice to [email protected]
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including 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 Bib Flip 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.
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 Bib Flip 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 Bib Flip. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.Bib Flip.com 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.
APPLICABLE LAW
Except as otherwise stated, the Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF BIB FLIP’S SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. Bib Flip 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, BIB FLIP (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 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.
RELEASE AND COVENANT NOT TO SUE
To the fullest extent permitted by law, you release and covenant not to sue Bib Flip, 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) 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.
INDEMNIFICATION
You agree to indemnify and hold Bib Flip and (if applicable) subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the ‘Bib Flip Indemnitees’) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Bib Flip and (if applicable) any Bib Flip Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of Bib Flip’s Site or Services, and/or your violation of any law or the rights of a third party.
GENERAL PROVISIONS
This Agreement, together with all additional policies referenced above constitutes the entire agreement between you and Bib Flip 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. Bib Flip 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 Bib Flip, 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 Bib Flip’s permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing Bib Flip, User Content and Ideas, Consequences, Agreement to Arbitrate Disputes with Bib Flip, Limitation of Liability, and Indemnification.