Terms and Conditions of Use

Terms and Conditions of Use

v1.0.11Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms”) govern the use of any and all of our services or licensed software (collectively, the “Services”) offered by HUB Healthcare, INC (the “Organization”, “Hub Healthcare”, “we”, or “us”) You accept these Terms by creating an account, using our Services, or by continuing to use our Services after being notified of a change to these Terms.

ANY DISPUTE BETWEEN YOU AND HUB HEALTHCARE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR DOMICILE OR PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

SOFTWARE LICENSE

a. Hub Healthcare grants you a non-exclusive, non-transferable, revocable, limited license to download, install, access, and use our Services strictly in accordance with these Terms. You are permitted to download and use one copy of the software per device for each licensed user on a worldwide basis, with each licensed user being allowed to use the software on multiple devices, provided that no more than one person uses each copy at a time. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by the Organization. Notices, if any, for the third-party code are included for your information only.

b. The software is licensed, not sold, and Hub Healhcare reserves all rights to the Services and software not expressly granted herein , whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

  • Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless HUB Healthcare. provides express written authorization for you to do so;
  • Access, bypass, manipulate or circumvent our internal or external protection measures in or relating to the software or services;
  • Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through our Services ;
  • Separate components of the software or Services for use on different devices;
  • Transfer the software or any aspect of our Services to any unlicensed user, including software licenses, or any rights to access or use the Services;
  • Permit any unauthorized use of the Services or improperly access to another’s user’s account; or
  • Engage in any use that could interfere with another user’s use of the Services or gain access to any service, data, account, or network for which you are not authorized;

 

PRIVACY POLICY

Your privacy is important to us, and we have developed a statement regarding how we collect and use data that is collected from you through your use of the Services. Click Here for the Privacy Policy

YOUR FILES

Many of our Services allow you to store or share Your Files to, or receive material from, other persons, entities, or organizations. We do not claim ownership of Your Files. Your Files remain your own, and the Organization assumes no liability for any content stored within Your Files, and you are solely responsible for the content of Your Files.

a. When you share Your Files with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and/or display Your Files and that any such sharing or dissemination is deemed permissible by your acceptance of these Terms and Conditions. If you do not want others to have that ability, do not use the Services to share Your Files. You represent and warrant that for the duration of these Terms and your use of our Services, you have (and will have) all the rights necessary for and to Your Files, and that any of Your Files that are uploaded, stored, or shared on or through the Services, including the collection, use, and retention of Your Files, will not violate any law, statute, code, regulation or ordinance, or rights of others, including HIPAA. Hub Healthcare shall not be responsible for Your Files or any materials that others upload, store, exchange or share using our Services.

b. In order to provide the Services to you, to protect you and the Services, and to improve our Services, you hereby grant to HUB Healthcare, INC, and our affiliates and service providers, a worldwide and royalty-free intellectual property license to use Your Files, including but not limited to the right to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Files pursuant to the Services.. Some of the Services are supported by advertising.. Our advertising policies are covered in detail in the Privacy Policy.

USER CODE OF BEHAVIOR

a. By agreeing to these Terms and utilizing our Services, you agree to abide by the following user code of behavior, any user documentation delivered to you as part of the Services, and to conduct yourself in a manner consistent with the expectations and requirements stated below. You hereby agree not to:

  • Engage in any illegal activity.
  • Engage in any activity that harms, threatens to harm, exploits, or otherwise negatively impairs the Services, other users, patients or Hub Healthcare.
  • Use our Services to send unsolicited messages or emails, also known as “spam,” including unsolicited bulk email, contact requests, SMS (text messages), instant messages,  or any other forms of attempted contact or communications that are unwanted or unsolicited by the recipient.
  • Share inappropriate or illegal content or material involving, for example, criminal activity, lude and lascivious language, pornography, graphic violence, or communications/attachments that may be deemed inappropriate or illegal.
  • Engage in any activity that is false or misleading (i.e., impersonating someone else within your account with us).
  • Violate any rules or restrictions on the usage of your account.
  • Engage in any activity that is harmful to other users of our Services, the Services themselves, or other persons or entities, including but not limited to transmitting viruses, cyber-bullying, stalking, posting terrorist content, communicating hate speech, or advocating violence against others.
  • Engage in activity that violates the privacy of others, and when requested by another user of the Services, cease any and all contact with such requesting user, immediately.
  • Purchase or use our Services or our software if you are under the age of 18.

 

b. Enforcement. If you violate any provision of these Terms, subject to applicable laws, we may immediately terminate your access to and use of the Services and/or we may close your account, without further notice or obligation to you. We may also block delivery of any communications (like email or instant messages) to or from the Services in an effort to enforce these Terms , and/or subject to applicable laws, we may remove or refuse to publish Your Files . When investigating alleged violations of these Terms, we reserve the right to review your saved data or information in order to resolve the issue. Anyone who is in violation of the User Code of Behavior is barred from asserting a claim for damages, whether financial, compensatory, punitive or equitable in nature, or from making a demand for reimbursement of attorneys’ fees, costs and/or filing fees associated with any claim or legal action initiated by such user against HUB Healthcare.

SERVICES

a. Creating an Account. You can create an account with us by signing up and creating a unique account login and password to identify yourself. You agree not to use any false, inaccurate or misleading information when signing up for your account. You cannot transfer your account to another user or entity. To protect your account, you agree to keep your account details and password confidential. You are solely responsible for all activity that occurs under your account.

  • I. Account Use. You must use your account to keep it active. This means you must sign in at least once in a three-year period to keep your account in an active status. We reserve the right to terminate your use of the Services and close your account if you do not sign into it for at least a three-year period, after which, you must re-register and open a new account.
  • II. Minors. Anyone under the age of 18 years of age is expressly prohibited from using our Services or software.
  • III. Any and all communications between you and other users of our Services . shall be at your own risk. Each user, by agreeing to these Terms , hereby agrees and understands that any communications established by and between users of our Services are made by consenting adults, over the age of 18. As such, HUB Healthcare  shall not be liable for any harm, damage or injury caused by one user to another user as a result of the the Services  or by any other means of communication, such as email, telephone, sms messaging or otherwise, and you hereby waive any and all claims that you may have, now or in the future, against HUB Healthcare, INC.

 

b. Closing Your Account.

  • I. You may cancel your account at any time and for any reason at the conclusion of these Terms by  emailing us your request to cancel at the email address provided below.
  • II. If your Services are canceled or your account is closed, all of your rights to use our Services shall terminate immediately, including all licenses to our proprietary software and any other technologies related to our Services. .
  • III. Accounts. Be advised that if you do not own the domain name associated with the email address for your account, the owner of the domain associated with your email address may control and/or administer your account, and access and process your Files and the information associated with your account, including the contents of your communications and files, and we cannot control their access or usage of your account, Files, or the data contained therein. We are not liable for any damages or losses that you may incur as a result of such access.
  • IV. Additional Equipment. To use our Services, an internet connection or access to a cellular data connection is required. We do not provide such connectivity , and you must engage such services independently, at your own cost, through a third-party provider. Any additional fees or charges incurred for use of such third-party services will not be reimbursed by us, and you should check with your service providers to verify whether there are any applicable charges or fees.

 

c. Service Notifications. You agree that we may contact you by any contact information that you have provided to us and which is associated with your account. In the event of contact via a mobile service provider, you agree that any data or messaging rates may apply when receiving notifications via SMS or otherwise from us, and that you are liable to your provider for such costs.

d. Service Interruption(s) and Availability. Our Services may suffer occasional disruptions and outages, and we are not liable or responsible for any disruption or loss you may suffer, as a result. In the event of an outage or service disruption, you may not be able to retrieve your stored Files or other data. The Services or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your geographical location or the device that you are using to access the Services.

e. Updates to our Software and the Services, and Amendments to These Terms.

  • I. We may change these Terms at any time. You will be notified if such changes do, in fact, occur, and your continued use of the Services after the changes become effective constitutes your acceptance of such new terms and conditions or the changes effected by the new terms. If you do not agree to the new terms and conditions, you must stop using the Servicesand close your account.
  • II. From time to time, without notice to you, we may check your version of the software and perform software updates or configuration changes on your behalf. You may also be required to update the software on your own in order to continue using the Services. All updates to the software are subject to these Terms unless additional terms are disclosed as a part of the updates, in which case, such additional terms shall apply, in addition to these Terms.
  • III. We reserve the right to modify, remove or change features or functionality of our Service or cease providing the Services entirely. The Services may not work in the same manner if you change the devices you use to access the Services, or if we change the features or version of the Services or our software. We make no promises regarding the functionality of our Services in such event(s). We shall not be liable to you for any loss of use or functionality of the Services.

 

GOVERNING LAW

These Terms and the resolution of any dispute related to these Terms, our Services or any other content, or your use of or inability to use any of the foregoing, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

BINDING ARBITRATION AND CLASS ACTION WAIVER

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, OUR SERVICES, OR ANY OTHER CONTENT, OR YOUR USE OF OR INABILITY TO USE ANY OF THE FOREGOING, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOU AND HUB HEALTHCARE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this arbitration section. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. All arbitration proceedings will take place in Wake County, North Carolina.  The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have full power and authority to determine issues of arbitrability and to interpret or construe the applicable provisions of these Terms and to fashion appropriate remedies for breaches of these Terms (including interim or permanent injunctive relief); provided that the arbitrator will not have any right or authority: (i) in excess of the authority of a court having jurisdiction over the parties and the dispute would have absent this arbitration agreement; (ii) to award damages in excess of the waivers and limitations applicable to damages in these Terms; or (iii) to modify the terms and conditions set forth in these Terms. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to arbitrate on an individual basis. In any dispute, NEITHER YOU NOR HUB HEALTHCARE, INC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any part of this arbitration provision is found unenforceable, the unenforceable portion will be severed and the remaining arbitration terms will be enforced. In the event the requirement to arbitrate disputes set forth in this section is found to be invalid or unenforceable for any reason, you agree that any legal action or proceeding between HUB Healthcare, INC and you related to these Terms, the Services, or any other content, or your use of or inability to use any of the foregoing, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wake County, North Carolina, and you agree to submit to the personal and exclusive jurisdiction of such courts.  To the fullest extent permitted by applicable law, each party hereby expressly waives any right to a trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or in any manner connected with these Terms, the Services, or any other content, or your use of or inability to use any of the foregoing.

f. Must File Within One Year.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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WARRANTY DISCLAIMER THE SERVICES PROVIDED BY HUB HEALTHCARE, INC, INCLUDING ANY AND ALL SOFTWARE AND CONTENT DELIVERED THEREUNDER, IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HUB HEALTHCARE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HUB HEALTHCARE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT THE INTERNET, COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR, AND THAT HUB HEALTHCARE, INC HAS NO CONTROL OVER SUCH OCCURRENCES. HUB HEALTHCARE, INC CANNOT GUARANTEE THE CONTINUOUS AVAILABILITY OF THE SERVICES, WITHOUT INTERRUPTION, NOR THAT THE SERVICES WILL BE SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE NETWORKS OR SERVERS THAT PROVIDE ACCESS TO YOUR DATA AND THE SERVICES. HUB HEALTHCARE, INC DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES, NOR FROM OTHER USERS OF THE SERVICES, INCLUDING FOR SUCH USERS’ INTENDED USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

WAIVER AND LIMITATION ON LIABILITY

In the event that you seek collection on a claim for damages of any kind from HUB Healthcare, INC and if the Services are provided to you free of charge, you agree that your exclusive remedy is to recover from HUB Healthcare, INC only that amount, up to an amount equal to the cost incurred by you for our Services during the month in which notice of the alleged breach or claim was provided to HUB Healthcare, INC and up to a maximum amount of $10.00 for all alleged damages. You are not entitled to recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these Terms, the Services, our software or any other matter related to the Services, software or otherwise. Some jurisdictions do not allow certain limitations of liability and so some or all of the above limitations of liability may not apply to you.

MISCELLANEOUS

These Terms shall survive any termination, expiration, or cancellation of your account, the Services or these Terms. HUB Healthcare, INC has the sole and exclusive right to assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer your rights to use the Services. These Terms are the entire agreement between you and HUB Healthcare, INC and supersede any prior agreements between you and HUB Healthcare, INC regarding your use of the Services. If a court or arbitrator holds that we cannot enforce any provision of these Terms, then we may replace such provisions with terms that are enforceable under applicable law, without otherwise affecting the remaining terms contained herein.

EXPORT LAWS

You agree to comply with all domestic and international export laws and regulations that apply to the software and/or the Services, which include restrictions on destinations, end users, and end use.

UNSOLICITED IDEAS

If you send any unsolicited ideas or feedback to HUB Healthcare, INC, you acknowledge and agree that we shall not be under any obligations, including confidentiality obligations, with respect to such information that is received by us from you, and that absent any federal or state copyright, trademark or similar protections for such information or ideas that have been submitted or shared with HUB Healthcare, INC, we are under no obligation or duty to you related to the use of such information or ideas, and we may utilize your unsolicited ideas or feedback for any purpose, including to improve our Services and for our own pecuniary purposes.

COPYRIGHT NOTICES

Notices and procedure for making claims of intellectual property infringement. HUB Healthcare, INC. respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT IN COMPLIANCE WITH THIS PROCEDURE, NOR RELEVANT TO SUCH PROCEDURE(S) WILL NOT RECEIVE A RESPONSE.

HUB Healthcare, INC. uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, HUB Healthcare, INC. may also disable or terminate accounts of users of our services who may be repeat infringers. Copyright and trademark notices. The services are copyright © 2017 by HUB Healthcare, INC. and/or its vendors, suppliers, affiliates, subsidiaries or parent corporations, U.S.A. All rights reserved.

HOW TO CONTACT HUB HEALTHCARE

If you have any questions regarding these Terms, you may contact us at cpetrinipoli@hub.healthcare at any time.

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