Last updated: December 13, 2018 (view previous versions)
To use the Services you must be at least 18 years old. 1.2
THE SERVICES ARE ONLY AVAILABLE TO RESIDENTS OF THE PEOPLE'S REPUBLIC OF CHINA ("PRC") AND THE UNITED STATES, SPECIFICALLY EXCLUDING THE FOLLOWING STATES: ALABAMA, ARIZONA, CONNECTICUT, NEW YORK, NORTH CAROLINA, HAWAII AND ALL US TERRITORIES (EACH SUCH EXCLUDED STATE OR TERRITORY, A "RESTRICTED US STATE"). The Restricted US States, together with all countries and territories in the world other than the PRC and the United States, are collectively referred to as the "Prohibited Jurisdictions". The list of Prohibited Jurisdictions is subject to change at any time. 1.3
HBUS may cancel and/or suspend your Account and/or block transactions immediately, with or without notice, in the event a state, province, territory or country becomes a Prohibited Jurisdiction, or we determine, in our sole discretion, that you do not meet the eligibility requirements set forth in the TOS.
2.1 Registration of an Account.
To use the Services, you must register for an account ("Account"). During the registration process, we will ask you for information to verify your identity. We may, in our sole discretion, refuse to open an Account for anyone. Unless otherwise agreed in writing, in advance, we will open one and only one account per customer. You agree not to circumvent any operational or technological measure that controls the number of accounts you can maintain with us. 2.2 Identity Verification.
You must complete any verification procedures requested by HBUS before you are permitted to use the Services. You agree to provide us with any information we request and permit us to keep a record of such information for a minimum of five years or as otherwise required by applicable laws. Information we may request may include your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes. You authorize us and our representatives to make any inquiries we consider necessary to verify your identity or protect you, the Services, and/or us, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full.2.3 Password Security. We may require you to meet certain requirements for passwords and multi-factor authentication and we may change the requirements with or without prior notice. You are responsible for maintaining adequate security and control of your IDs, passwords, hints, personal identification numbers (PINs), public or private keys or any other codes that you use to access the Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any digital currency and/or funds held in your Account and any associated accounts. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of HBUS and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, contact HBUS Support immediately at [email protected]. 2.4 Communications:
Upon verification of your identity, you may be provided the ability to transfer, track, store and trade supported digital currencies by giving instructions through the Services (each such transaction, a "Digital Currency Transaction"). 3.2
THE DIGITAL WALLET SERVICES ARE AVAILABLE ONLY IN CONNECTION WITH THOSE DIGITAL CURRENCIES THAT HBUS, IN ITS SOLE DISCRETION, SUPPORTS. THE DIGITAL CURRENCIES THAT HBUS SUPPORTS MAY CHANGE FROM TIME TO TIME. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO USE YOUR DIGITAL WALLET SERVICES TO TRANSFER OR STORE DIGITAL CURRENCIES IN ANY FORM THAT IS NOT SUPPORTED BY HBUS. HBUS ASSUMES NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY ATTEMPT TO USE SERVICES FOR UNSUPPORTED DIGITAL CURRENCIES. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY IN ANY LOSS RESULTING FROM INTENTIONAL OR UNINTENTIONAL MISUSE OF YOUR DIGITAL WALLET SERVICES, INCLUDING ANY LOSS RESULTING FROM TRANSFERRING ONE TYPE OF DIGITAL CURRENCY TO A WALLET INTENDED FOR ANOTHER TYPE OF DIGITAL CURRENCY, REGARDLESS OF WHETHER THE RELEVANT DIGITAL CURRENCY NETWORK CONFIRMS THE APPLICABLE DIGITAL CURRENCY TRANSACTION OR NOT.3.3 Digital Currency Transactions.
HBUS processes supported digital currency according to the instructions received from users. You should verify all transaction information prior to submitting instructions to HBUS. Once submitted, a Digital Currency Transaction may be unconfirmed until confirmed by the digital currency network. A transaction is not complete while pending confirmation. Digital currencies associated with transactions that are pending confirmation will be designated accordingly, and will not be included in your Account balance or available to conduct transactions. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain limits. HBUS RESERVES THE RIGHT TO DELAY, CANCEL, REVERSE (TO THE EXTENT POSSIBLE) OR REFUSE TO PROCESS, ANY SUBMITTED DIGITAL CURRENCY TRANSACTION, IF: (I) REQUIRED BY LAW OR IN RESPONSE TO A SUBPOENA, COURT ORDER, OR OTHER GOVERNMENT ORDER OR TO ENFORCE TRANSACTION LIMITS; (II) HBUS SUSPECTS THE TRANSACTION INVOLVES (OR HAS A HIGH RISK OF INVOLVEMENT IN) MONEY LAUNDERING, TERRORIST FINANCING, FRAUD, OR ANY OTHER TYPE OF FINANCIAL CRIME OR ILLEGAL ACTIVITY; (III) HBUS REASONABLY SUSPECTS THAT THE TRANSACTION IS ERRONEOUS; (IV) IF HBUS SUSPECTS THE TRANSACTION RELATES TO PROHIBITED USE OR A PROHIBITED BUSINESS AS SET FORTH IN OUR ACCEPTABLE USE POLICY; OR (V) HBUS SUSPECTS THAT YOU HAVE BREACHED ANY TERMS OF THIS AGREEMENT. IN SUCH INSTANCES, HBUS IS UNDER NO OBLIGATION TO ALLOW YOU TO REINSTATE A PURCHASE OR SALE ORDER AT THE SAME PRICE OR ON THE SAME TERMS AS THE DELAYED, CANCELLED, REVERSED OR FAILED TRANSACTION.YOU ACKNOWLEDGE THAT HBUS CANNOT REVERSE A DIGITAL CURRENCY TRANSACTION THAT HAS BEEN BROADCASTED TO THE UNDERLYING DIGITAL CURRENCY NETWORK. 3.4 Digital Currency Storage & Transmission Delays.
HBUS stores all digital currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for HBUS to retrieve certain information from offline storage to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. 3.5 Third Party Payments.
HBUS has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Services) through Digital Currency Transactions. HBUS is not responsible for ensuring that a buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with digital currency transferred using the Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. 3.6 Advanced Protocols.
Unless specifically announced on our website or through some other official public statement of HBUS, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a digital currency supported by HBUS (collectively, "Advanced Protocols"). Any attempt to any type of transaction involving an Advanced Protocol is subject to Section 3.2. 3.7 Digital Currency Risks.
GENERAL RISKS. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. HBUS DOES NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE, NOR DOES HBUS BROKER TRADES ON YOUR BEHALF. ALL TRANSACTIONS ARE FILLED AUTOMATICALLY, BASED ON YOUR INSTRUCTIONS, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. THERE IS NO GUARANTEE AGAINST LOSSES.
4.1 Transferring Funds to and from Your Account.
You may fund your Account as permitted by the Services. Digital currencies held in your Account can be used only to trade in the Marketplace. You may transfer digital currency out of your Account to an external digital currency address. TRANSFERRING DIGITAL CURRENCIES INTO OR OUT OF YOUR ACCOUNT MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR ACCOUNT. Transactions Limits. The Services are subject to limits on the total value of the digital currencies you may transfer in any given period (e.g., daily, weekly and monthly). To view your limits, login to your Account. Your transaction limits may vary depending on your identity verification level. The transaction limits are posted on the website. HBUS reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts in your Account, you will be required to complete additional verification. We may require you to submit additional information about yourself or your business, provide photo identification or financial records, and/or arrange for meetings with our staff (such process, "Enhanced Due Diligence"). HBUS reserves the right to charge you costs and fees for Enhanced Due Diligence. We will notify you in advance of any such charges accruing. In our sole discretion, we may refuse to increase your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence. 4.2 Trading
Rules. By accessing the Services, you accept and agree to our trading rules which can be found at: https://www.hbus.com/trading-rules (the "Trading Rules"). The Trading Rules may be changed from time to time in the discretion of HBUS, without notice to you. HBUS reserves the right to cancel any open trades and/or suspend Marketplace activity in accordance with the Trading Rules. Trading Account Use. You agree to use the Services only for your personal use as Account owner, and not on behalf of any third party, unless you obtain written approval from an officer of HBUS. You may not sell, lease, furnish or otherwise permit or provide access to your trading account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees' or agents' use of the Services. You understand and agree that you are responsible for all orders, trades, and other instructions entered in the Services, including identifiers, permissions, passwords, and security codes associated with your Account. Third-Party Access. If, to the extent permitted, you grant express permission to a third party to access or connect to your Account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this TOS. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold HBUS responsible for, and will indemnify HBUS from, any liability arising out of or related to any act or omission of such third party. Order Books. The Marketplace offers an order book for various digital currency trading pairs (each an "Order Book"). Refer to your Account to determine which Order Books are available to you. API Terms. If you are granted access to the API, you agree that your use of or access to HBUS' application programming interface and any accompanying or related documentation, source code, executable applications and other development materials and any other resources or services made available to you provided by HBUS (collectively, "API Tools") is subject to the API terms and conditions. 4.3 Fees
Fees for Transferring Digital Currency. We reserve the right to charge a fee for transferring digital currencies into or out of your Account. Trading Fees. By placing transactions through the Services, you agree to pay any applicable fees stated in the current fee schedule, and Trading Fees are set forth in our Fee Schedule available on the Site or through the App. All fees will be clearly displayed and payable in digital currencies. You authorize HBUS to automatically deduct fees directly from your Account. HBUS will calculate all applicable fees and show those fees when you authorize a transaction. If you owe any outstanding amounts to us, HBUS reserves the right and you hereby authorize HBUS to debit your Account for such outstanding amounts.
5.1 App Licenses.
Subject to your compliance with this TOS, HBUS grants to you a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this TOS, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. HBUS reserves all rights in and to the App not expressly granted to you under this TOS.
5.2 Content Licenses.
Definitions. For purposes of this TOS: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that you provide to be made available through the Services. Content Ownership. HBUS does not claim any ownership rights in any User Content and nothing in this TOS will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, HBUS and its licensors exclusively own all right, title and interest in and to the Content excluding the User Content, including all associated intellectual property rights. You acknowledge that the Services (which, for greater certainty, includes the Content and the provision of Content) are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant HBUS a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense (i) to use, copy, modify, distribute and display your User Content in connection with operating and providing the Services; and (ii) for other HBUS internal business purposes such as improving the Services. If such User Content contains the personal information of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that HBUS and its sub-licensees are allowed to use them to the extent indicated in this TOS. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content and/or you have all rights that are necessary to grant us the license rights in your User Content under this TOS. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by HBUS on or through the Services, will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Removal of User Content. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services or outside of the Services (such as when any User Content that you make available to the public is copied and distributed by other users of the Services). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Although we are not obligated to monitor access to or use of the Services or to review, edit or remove any User Content, we reserve the right to do so and may retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Rights in Content Granted by HBUS. Subject to your compliance with this TOS, HBUS grants to you a limited, non-exclusive, non-transferable and revocable license, with no right to sublicense, to, during the term of this TOS, access and view the Content (excluding your User Content) solely in connection with your approved purposes as permitted by HBUS from time to time. Unless otherwise approved by HBUS, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this TOS with respect to the Content, all other right, title, and interest in the Services and Content is exclusively the property of HBUS and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. Not Responsible for Content. HBUS will use reasonable efforts to verify the accuracy of any Content, but HBUS makes no representations about the accuracy, quality, accuracy, timeliness, truthfulness or completeness of the Content, express or implied, statutory or otherwise, including the historical digital currency price data available through the Services, or any information on any third party websites site even if links to such sites are provided through the Services. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including if we, at our sole discretion, consider any Content to be objectionable or in violation of this TOS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON ANY CONTENT. Marks. "Hbus.com", "Huobi US" and all other urls, logos and names related to the Services or displayed through the Services (collectively, "Marks") are either trademarks, service marks, or registered marks of HBUS or its licensors. "Huobi US" and related logos and names are licensed to HBUS by Huobi. You may not copy, imitate or use any Mark without HBUS' prior written consent, unless such use is permitted by this TOS or is necessary as part of your use of the Services. Copyright Policy. HBUS respects copyright law and expects its users to do the same. It is HBUS' policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Persons who believe that their copyrighted work has been used in a way that may constitute copyright infringement and is accessible through the Services may notify HBUS's Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
All such notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements will not be processed. No other notices or inquiries of any type, including requests for information, purchase or technical support questions, notices of infringement of third-party trademark or patent rights, employment inquiries, press inquiries, or investor inquiries, will be read or answered under this Agent and Agent Address.
Attn: Legal Department - Copyright Agent
HBUS Holdco, Inc.
550 Montgomery Street, 2nd Floor
Email: [email protected] Under Section 512(f) of the DMCA any person who knowingly materially misrepresents materials or activity is infringing may be subject to liability for damages (including costs and attorney fees). Any information provided to HBUS in a copyright infringement notification may be forwarded to the person who provided the allegedly infringing materials. 5.3. Prohibited Use.
You agree and represent you are not and will not be engaged in any Prohibited Business or Prohibited Use, as identified in our Acceptable Use Policy. We have the right to investigate violations of this TOS or conduct that affects the Services. Further, we reserve the right to cancel and/or suspend your Account and/or block transactions or freeze digital currencies held in your Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business. Privacy of Others; Marketing. If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Services.
HBUS may for any reason, in its sole discretion, with or without notice to you: (a) suspend, restrict, or terminate your access to the Services, in whole or in part, and/or (b) deactivate or cancel your Account, including but not limited to: We are so required by a facially valid subpoena, court order, or binding order of a government authority; or We reasonably suspect you of using your Account in connection with a Prohibited Use or Prohibited Business; or Use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or Due to insolvency or bankruptcy; or HBUS suspects the account is involved in (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; If you breach any term of this TOS; or You take any action that HBUS deems as circumventing HBUS' controls, including opening multiple HBUS accounts or abusing promotions which HBUS may offer from time to time. 6.2 You acknowledge that HBUS' decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential to HBUS' risk management and security protocols. You agree that HBUS is under no obligation to disclose the details of its risk management and security procedures to you. 6.3 You acknowledge and agree we may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 6.4 Suspension, cancellation or termination of your Account or your access to the Services will not affect the payment of fees or other amounts you owe to HBUS. If your Account is suspended, cancelled or terminated, we may immediately cancel all open orders associated with your Account, block all transfer of digital currencies held in your Account, and block you from placing further orders until resolution or Account suspension or cancellation. 6.5 You will be permitted to transfer digital currency associated with your Digital Wallet(s) for ninety (90) days after Account deactivation, cancellation or termination unless such transfer is otherwise prohibited (i) under the law, including applicable sanctions programs, or (ii) by a facially valid subpoena or court order.
7.1 Contact HBUS; Feedback. If you have any feedback, questions, complaints, comments and suggestions for improvements (collectively, "Feedback"), you can contact us via the chat feature on the Site, via our customer support at [email protected] or write to us at HBUS Customer Support, 550 Montgomery 2nd Floor, San Francisco, CA 94111. When you contact us please provide us with your account number, email address, name, address, and any other information we may need to identify you, your Account, and the transaction on which you have Feedback. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. 7.2. Arbitration; Waiver of Class Action. We believe most disagreements can be resolved by contacting customer support. If the dispute is not resolved through HBUS customer support, you and HBUS agree that any such dispute, claim or controversy arising out of or relating to the Services or the TOS (each, a "Claim"), will be determined by binding arbitration or small claims court, in accordance with this Section 7.2, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's intellectual property rights (an "IP Protection Action") as further described below. Arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and HBUS are each waiving the right to a trial by jury or to participate in a class action. Opt-out. You may opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to this TOS. Notice of Claim. If you elect to seek arbitration, you must first send to HBUS, by certified mail, a written notice of your Claim (the "Notice of Claim"). The Notice of Claim to HBUS should be addressed to: HBUS Holdco. Inc., 550 Montgomery Street, 2nd Floor, San Francisco, CA 94111 and should be prominently captioned "NOTICE OF CLAIM". The Notice of Claim should include both the mailing address and email address you would like HBUS to use to contact you. If HBUS elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your billing address in your Account. A Notice of Claim, whether sent by you or by HBUS, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought (the "Demand"); and (c) whether you reject any subsequent modification of the Dispute Resolution Section by HBUS. Arbitration Proceedings. If you and HBUS do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or HBUS may commence an arbitration proceeding (or, alternatively, file a claim in small claims court or an IP Protection Action). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this TOS, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of this TOS. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Arbitration Location and Procedure. Unless HBUS and you agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim. If your claim is for U.S. $10,000 or less, HBUS agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Injunctive and Declaratory Relief. Except as set forth in Sections 7.2.l and 7.2.m below, the arbitrator will determine liability on the merits of any Claim and may award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by the Claim. To the extent that you or HBUS prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any public injunctive relief will be stayed pending the outcome of the merits of any individual claims in arbitration. Arbitration Fees. If your claim for damages does not exceed $10,000, HBUS will pay all fees imposed by the AAA to conduct the arbitration, including reimbursement of your initial filing fee, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim for damages exceeds $10,000, standard AAA Rules will govern the payment of all AAA fees, including filing, administration and arbitrator fees. Class Action Waiver. YOU AND HBUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if you have elected arbitration, unless both you and HBUS agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null and void. Modification of Dispute Resolution Section. Notwithstanding Section 8.7, if HBUS changes this "Dispute Resolution" Section after the date you first accepted this TOS, and you have not otherwise affirmatively agreed to such changes, you may reject any such change by so stating within your Notice of Claim. By failing to reject any changes to this "Dispute Resolution" Section in your Notice of Claim, you agree to resolve any Claim between you and HBUS in accordance with the terms of the Dispute Resolution Section in effect as of the date of your Notice of Claim. Severability. With the exception of any of the provisions in Section 7.2.i of this TOS (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of this TOS is invalid or unenforceable, the other parts of this TOS will still apply. Small Claims Court. Notwithstanding Section 7.2.a, you may elect to litigate your Claim in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute. You agree to bring a Claim in small claims court in your county of residence IP Protection Action. Notwithstanding Sections 7.2.a or7.2.b, the exclusive jurisdiction and venue of any IP Protection Action will be state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.