Terms and Conditions of Use

Terms and Conditions of Use

v1.0.11Terms and Conditions of Use

These Terms and Conditions cover the use of any and all services or licensed software offered by HUB Technologies, LLC (the “Organization”) You accept these Terms and Conditions by creating an account, through your use of the services, or by continuing to use the services after being notified of a change to these Terms and Conditions.

ANY DISPUTE BETWEEN YOU AND THE ORGANIZATION 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. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the services. 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 Technologies, Inc. reserves all rights to the software not expressly granted by HUB Technologies, Inc., whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

  • I. Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless HUB Technologies, Inc. provides express authorization for you to do so;
  • II. Access, bypass, manipulate or circumvent our internal or external protection measures in or relating to the software or services;
  • III. Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so;
  • IV. Separate components of the software or services for use on different devices;
  • V. Transfer the software to any unlicensed user, including software licenses, or any rights to access or use the services;
  • VI. Unauthorized use of the services or improperly accessing another’s account or engaging in a use that could interfere with anyone else’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 our Organization, and we have developed a statement regarding how we collect and use data that is collected from you through your use of the services. Please read our privacy statement for details on how the Organization may use your data, information and/or content created within your account, which includes your communications with others; postings or feedback submitted by you to any party or to HUB Technologies, Inc.; and the files, photos, documents, data, audio, digital works, and videos that you upload, store or share through the services (“Your Files”). By using the Services or agreeing to these provisions and the Privacy Statement, in its entirety, and you specifically consent to our collection, use and disclosure of Your Content and Data as described in the Privacy Statement. You agree that you and anyone or any entity for which you are authorized to act, is/are compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In addition, you also agree that all communications between you and any other user of the software or services, whether you invite such user to sign up for a license to use the software, or whether such individual or entity is already a licensed user of the software at the time that you obtain a license to use the software, is compliant with the Health Insurance Portability and Accountability Act of 1996 and the Security Rule implemented and codified by way of 45 CFR Part 160 and Part 164, Subparts A and C, governing the security of electronic protected health information. If you are obtaining a license on behalf of a corporate entity, trust, charitable organization or otherwise on behalf of another, regardless of corporate status, you further agree to ensure compliance with all sections of 45 CFR, et. seq., at all times, and that the Organization cannot be held liable for improper sharing of such information by any licensed user. You agree that you and any entity for which you claim to be authorized to obtain a license to the software, shall be liable for any conduct that is, or is later alleged to be violative of 45 CFR et. seq., or sharing of information protected under45 CFR et. seq.

YOUR FILES

Many of our Services allow you to store or share Your Files or receive material from others. We don’t claim ownership of Your Files. Your Files remains yours, and the Organization assumes no liability for any content stored within Your Files, as you shall remain solely responsible for its content.

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, 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 Conditions, you have (and will have) all the rights necessary for Your Files that are uploaded, stored, or shared on or through the services and that the collection, use, and retention of such information will not violate any law, statute, code, regulation or ordinance, or rights of others. We shall not be responsible for Your Files or the material others upload, store, exchange or share using the services.

b. To the extent necessary to provide the services to you and others, to protect you and the services, and to improve our services, you grant to HUB Technologies, Inc. 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 on the services. If you publish Your Files in areas of the application where it is available broadly online without restrictions, Your Files may appear in demonstrations or materials that promote the service. Some of the services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, invoices, photos or other corporate or personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Policy.

USER CODE OF BEHAVIOR

a. By agreeing to these Terms, you agree that you shall follow the rules and procedures and conduct yourself in a manner consistent with our expectations and requirements stated below:

  • I. Do not engage in any illegal activity.
  • II. Do not engage in any activity that harms, threatens to harm, exploits, or otherwise negatively impairs other users, patients or the Organization.
  • III. Do not send unsolicited messages or emails, also known as “spam,” such as unsolicited bulk email, contact requests, SMS (text messages), or instant messages, and which may include other forms of attempted contact or communications that are unwanted or unsolicited.
  • IV. Do not share inappropriate content or material (involving, for example, criminal activity, lude and lascivious language, pornography, graphic violence, or communications/attachments that may be deemed inappropriate per the examples referenced in this paragraph iv.).
  • V. Do not engage in activity that is false or misleading (i.e., impersonating someone else within the account)
  • VI. Follow and adhere to all restrictions on usage of the account.
  • VII. Do not engage in activity that is harmful to other users of our services, the Services, or others (e.g., transmitting viruses, cyber-bullying, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
  • VIII. Do not 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.
  • IX. If you are under the age of 13, you are expressly prohibited from using this software and should immediately terminate use of the software and close this application immediately.

b. Enforcement. If you violate these Terms, we may stop providing services to you or we may close your account, without further Notice or obligation to you. We may also block delivery of a communication (like email or instant messages) to or from the Services in an effort to enforce these Terms and Conditions or we may remove or refuse to publish Your Files for any reason. When investigating alleged violations of these Terms and Conditions, we reserve the right to review your saved data or information in order to resolve the issue. However, we cannot monitor the entire portfolio of service offerings and will not make any such attempt. 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 the user against HUB Technologies, Inc.

SERVICES

a. Creating an Account. You can create an account by signing up and creating a unique account login to identify yourself. You agree not to use any false, inaccurate or misleading information when signing up for your account. If you create an account for another person, such as your spouse, you represent that you have the legal authority to bind such individual to these Terms and Conditions. You cannot transfer your account to another user or entity. To protect your account, keep your account details and password confidential. You are 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 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. Children. Anyone under the age of 18 years of age is expressly prohibited from using this software.
  • III. Any communications between users of applications or software owned by HUB Technologies, Inc. shall be at their own risk. The user, by agreeing to these terms and conditions understands that any communications established by and between users of the application are made by consenting adults, over the age of 18. As such, HUB Technologies, Inc. accepts no liability for harm, damage or injury caused by one user to another as a result of the connection of users to one another, either by way of this application, or by other means of communication, such as email, telephone, sms messaging or otherwise, and users waive any and all claims that they may have, now or in the future, against HUB Technologies, Inc., forever.

b. Closing Your Account.

  • I. You can cancel your account at any time and for any reason by clicking on the link provided at the conclusion of these Terms and Conditions or emailing us your request to cancel.
  • II. If your Services are canceled or your account is closed all rights to use our service immediately terminate, including all licenses to our proprietary software and any technologies related to our services. In addition, all of the data entries in your account may be deleted in their entirety.
  • III. Work or School Accounts. Be aware that if you do not own the domain name associated with an account, that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files, and we cannot control their access or usage of your account or the data contained therein. We are not liable for any damages that you may incur as a result of such access.
  • IV. Additional Equipment. To use this application, an internet connection or access to a cellular data connection will be required. We do not provide such services, 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 means that you have provided to us and which are associated with your account. In the event of contact via 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 pay your provider for such costs.

d. Service Interruption(s) and Availability.

  • I. Our services may suffer occasional disruptions and outages, and HUB Technologies Inc. is not liable 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 stored 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 our services.

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

  • 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 Services, close your account and, if you are a parent or guardian, help your minor child close his or her account.
  • II. From time to time, without notice to you, we may check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. All updates to the software are subject to these Terms and Conditions unless additional terms are disclosed as a part of the updates, in which case, such additional terms shall apply.
  • III. We reserve the right to modify, remove or change features or functionality of the service or stop providing a service in its entirety. Services may not work in the same manner if you change devices used to access the services, or if we change the features or version of the application, and we make no promises regarding the functionality of our services in such event(s). We shall not be liable to you for such loss of use or functionality of the services.

CHOICE OF LAW AND FORUM FOR DISPUTE RESOLUTION

If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Wake County, North Carolina, for all disputes arising out of or relating to these Terms and Conditions or to the services, that may be heard in a court of law, if any.

BINDING ARBITRATION AND CLASS ACTION WAIVER

If You Live In (or If a Business Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you agree to try for 90 days to resolve it informally with us. If we are unable to resolve the matter, you agree to final and binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not permitted. Individual proceedings may not be joined or combined without the consent of all parties.

a. Disputes Covered—The term “dispute” shall include any claim or controversy between you and HUB Technologies, Inc. having the services as its subject matter, the software related to the Services, pricing, or these Terms and Conditions, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to HUB Technologies, Inc. at our office address contained herein and include your name, address, how to contact you, what the problem is, and your desired result. We reserve the right to do the same if we have a dispute with you. After 90 days, you or we may start an arbitration if the dispute is unresolved.

c. Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. For all disputes, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence or our principal place of business—Wake County, North Carolina, Inc., at your election, if your dispute is with HUB Technologies, Inc. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.

d. Arbitration Fees and Payments.

  • I. Disputes Involving $75,000 or Less. If you reject our last written settlement offer made before the arbitrator was appointed, and your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than the last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. In such event, we will also reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. In the event that you are awarded less than the last written settlement offer from HUB Technologies, Inc., then only the balance awarded will be paid to you by HUB Technologies, Inc.
  • II. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

e. Conflict with AAA Rules. These Terms and Conditions govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

f. Must File Within One Year. Any and all claims filed in small claims court or arbitration, or any other claim or dispute, regardless of where such claim is filed (except intellectual property disputes) must be filed within one year from when it first could have been filed or such claim is forever barred.

g. Severability. If a class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be heard in a court of law, with the remaining claims proceeding in arbitration. If any other provision of this section is held to be illegal or unenforceable, that provision will be stricken from this section, and the remainder of the Terms and Conditions shall be fully enforceable without the stricken provision.

Contracting Entity. For all services, you’re contracting with HUB Technologies, Inc., and our offices are located at: _____________________________________________________________________________________.

WARRANTIES:

HUB TECHNOLOGIES, INC., AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, ASSIGNS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, QUALITY AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW, AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT SUCH APPLICABLE RIGHTS, IF ANY. YOU ACKNOWLEDGE THAT THE WORLD WIDE WEB/INTERNET, COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR, AND THAT HUB TECHNOLOGIES, INC. MAY NOT HAVE ANY CONTROL OVER SUCH OCCURRENCES. HUB TECHNOLOGIES, 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 WON’T 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 TECHNOLOGIES, INC. DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES, NOR FROM OTHER USERS OF THE SERVICES, INCLUDING SUCH USERS INTENDED USE OF THE SERVICES.

WAIVER AND LIMITATION ON LIABILITY

In the event that you seek collection on a claim for damages of any kind from HUB Technologies, Inc., you agree that your exclusive remedy is to recover from HUB Technologies, Inc., only that amount, up to an amount equal to the cost incurred by you for the application or the services for the month in which notice of the alleged breach or claim was provided to HUB Technologies, Inc. and up to a maximum for all alleged damages, totaling $10.00, if the services provided to you are free. You are not entitled to recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t 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 and Conditions, the services, the software or any other matter related to the services, software or otherwise.

MISCELLANEOUS

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

EXPORT LAWS

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

UNSOLICITED IDEAS

If you send any unsolicited ideas or feedback to HUB Technologies, Inc., you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to such information that is received by us, 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 Technologies, Inc., that the Organization is under no obligation or duty to you for the use of such information or ideas for its own pecuniary purposes.

NOTICES

Notices and procedure for making claims of intellectual property infringement. HUB Technologies, 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 Technologies, 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 Technologies, 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 Technologies, Inc. and/or its vendors, suppliers, affiliates, subsidiaries or parent corporations, U.S.A. All rights reserved.