1.1 Registration and Acceptance
You agree that by clicking “Sign Up”, “Log In” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with HubOrgs (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract”) do not click “Sign up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this Contract at any time you can do so by notifying us at email:email@example.com or no longer accessing or using our Services.
This Contract applies to HubOrgs.com, websites that contain “Powered By HubOrgs”, HubOrgs-branded apps, and other HubOrgs-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads, plugins, email etc. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.
You agree and acknowledge that the Services are offered on a business-to-business basis and are not intended as a consumer offering.
1.2 We may make Changes
1.3 Notices and Messages
You agree that we will provide notices and messages electronically to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
2.1 Service and Account Eligibility
HubOrgs offers the Services for your business purposes, and not for personal, household, or consumer use. To use the Services, you must be a legal entity or an individual in business 18 years or older who can form legally binding contracts. HubOrgs reserves the right in its sole discretion to refuse, suspend, or terminate Services to you upon discovery that any information you provided on any form or posted to the Services or otherwise provided to us is untrue, inaccurate, or incomplete, or otherwise violates this Contract, or for any other reason or no reason in HubOrgs’s sole discretion.
2.2 Account profile
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
There are two different Account types- Buyers and Vendors. Once you register for one Account type, you can add the other Account types under the same username and password. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You may be required to create an account and specify a password in order to use certain services or features of the Services. In some cases, an account may be assigned to you by an administrator, such as your employer or institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement. If you are registering an account on behalf of a legal entity, you represent that you have the authority to bind the legal entity to this Contract.
As a condition of your use of the Services, you agree to (a) provide HubOrgs with true, accurate, current and complete information as prompted by HubOrgs’s registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. Don’t try to impersonate anyone else or any other business when you create your account. If your information changes at any time, you must update your account to reflect those changes.
You may not share your account with anyone else and are responsible for any activities on the account. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
2.3 User Conduct
As a condition of your access and use of the Services and your submission or access to any reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful or prohibited by this Contract, or any other purpose not reasonably intended by HubOrgs. By way of example, and not as a limitation, you agree not to:
2.4 Fee and payment
The Vendor agrees to pay to HubOrgs Fee for services. A “Fee” shall be a percentage of the payment based on the contract amount. Such Fee shall be earned by HubOrgs when the Buyer submits payment to the Vendor. HubOrgs’s standard Fee is twenty percent of the contract amount. HubOrgs has the right to pursue a claim against the Client for its Fee.
We reserve the right to charge a fee for certain or all services, and to change the fee we charge for use for any services at any time. You agree to pay us the applicable fees and taxes and agree to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Our Services allow messaging and sharing of information in many ways, such as your profile, your RFP or other requests published by Members. Data on your profile can be viewed by all Members. We may use the information and data that you provide and that we have about Members and Clients to make recommendations for contract opportunities, content, and events that may be useful to you. For example, we may use data and information about you and your company to recommend RFP to you and you to Clients that may want to hire you or partner with you on opportunities. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3.1 Your License to HubOrgs
As between you and HubOrgs, you own the Content that you submit or post to the Services, and you agree that:
Reviews and Testimonials The Services may give you the opportunity to submit reviews or testimonials regarding other Members. Any such reviews or testimonials will be deemed your Content and are subject to the additional terms below:
By submitting suggestions or other feedback regarding our Services to HubOrgs, you agree that HubOrgs can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. HubOrgs may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted or has been made available previously. You are solely responsible for creating and maintaining an up to date backup of all content you submit.
3.3 Other Content
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. HubOrgs generally does not review content provided by our Members or others. HubOrgs does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that HubOrgs simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by other Members in response to Content. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that HubOrgs does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that HubOrgs has no obligation to screen, preview, monitor or approve any Content you post, or Content posted or submitted by any other Member. However, HubOrgs reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Contract. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks in associating with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will HubOrgs be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against HubOrgs relating to Content, and release HubOrgs from any and all liability for or relating to any Content. You may, however, report Content that you believe violates this Contract or is otherwise unlawful by sending an email to account@HubOrgs.com. Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.You agree that HubOrgs may establish general practices, policies and limits, which may or may not be published, concerning the use of the Services, including without limitation, the time that reviews, testimonials, and ratings will be retained, the maximum number of reviews, testimonials, and ratings that may be sent from an account, the length of reviews, testimonials and ratings sent, and the maximum number of times and the maximum duration for which you may access the Services in a given period of time. You agree that HubOrgs has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Services. You agree that HubOrgs has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.4 Third Party Content and Services
HubOrgs does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party, including without limitation to all other Members. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, HubOrgs is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, sharing of information with, or participation in promotions of any third party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such third party exclusively and do not involve HubOrgs. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging third parties.
Third parties, including without limitation to other Members, may link or otherwise direct Internet users to our Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party websites. HubOrgs does not control or operate any such third party websites. Any information you provide to these third party websites while on these third party websites is subject to the respective policies of those third parties, and not HubOrgs’s policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that HubOrgs will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. HubOrgs does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party sites. You use these third party websites at your own risk.
You agree that HubOrgs is not responsible for the accessibility or unavailability of any Member or other third party or for your interactions and dealings with them. Your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties found on or through the use of the Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that HubOrgs shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings, and You hereby waive the right to bring or assert any claim against HubOrgs relating to any interactions or dealings with any Member or other third party and release HubOrgs from any and all liability for or relating to any interactions or dealings therewith.
3.5 Service Contracts
If a Buyer and Vendor decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Buyer and Vendor. Buyer and Vendor have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that HubOrgs is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between HubOrgs and any Vendor or a partnership or joint venture between HubOrgs and any User. With respect to any Service Contract, Buyers and Vendors may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, assignment agreements, assignment of rights,payment agreements etc.) provided that any such agreements do not conflict with, narrow, or expand HubOrgs’s rights and obligations under the Terms of Service, including this Agreement.
3.6 Intellectual Property Rights
HubOrgs reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. HubOrgs logos and other HubOrgs trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of HubOrgs.
4.Disclaimer, Limit of Liability and Indemnity
4.1 Warranties and Disclaimers
YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT ALLOWED UNDER LAW, HUBORGS AND ITS AFFILIATES (AND THOSE THAT HUBORGS WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A DIRECT RELATIONSHIP MADE THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (F) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NEITHER HUBORGS NOR ITS AFFILIATES (AND THOSE THAT HUBORGS WORKS WITH TO PROVIDE THE SERVICES), EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HUBORGS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUROUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES. IN NO EVENT WILL HUBORGS OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES (AND THOSE THAT HUBORGS WORKS WITH TO PROVIDE THE SERVICES), AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL HUBORGS OR ANY OF ITS AFFILIATES (AND THOSE THAT HUBORGS WORKS WITH TO PROVIDE THE SERVICES), AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS HUBORGS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), HUBORGS AND ITS AFFILIATES (AND THOSE THAT HUBORGS WORKS WITH TO PROVIDE THE SERVICES), EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF HUBORGS AND ITS AFFILIATES (AND THOSE THAT HUBORGS WORKS WITH TO PROVIDE THE SERVICES), EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT FEE THAT YOU PAID FOR A SERVICE IN LAST 12 MONTHS, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HUBORGS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF HUBORGS OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless HubOrgs, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Contract by you; (b) the inaccurate or untruthful Content or other information provided by you to HubOrgs or that you submit, transmit or otherwise make available through the Sites and Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. HubOrgs will have sole control of the defense of any such damage or claim.
HubOrgs may limit or terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever. You may terminate your use of Services by ceasing to use the Services and terminate your account by email to us at account@HubOrgs.com. Upon such termination, you must immediately cease accessing or using the Services and agree not to access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that HubOrgs reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Services. You understand that HubOrgs may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to HubOrgs.
All provisions of this Contract which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, the provision regarding ownership, licenses, warranty disclaimers, indemnity, and limitations of liability.
You and HubOrgs agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in court of jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND HUBORGS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION
For disputes arising between Members, we reserve the right, but do not have the obligations, to monitor or take any action we deem appropriate regarding disputes. We urge Members to cooperate with each other to promptly resolve any such disputes.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that HubOrgs has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that HubOrgs may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that HubOrgs may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and HubOrgs agree that these Terms are the complete and exclusive statement of the mutual understanding between you and HubOrgs, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of HubOrgs, and you do not have any authority of any kind to bind HubOrgs in any respect whatsoever. You and HubOrgs agree there are no third party beneficiaries intended under these Terms.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for HubOrgs’s Copyright Agent for notice of claims of copyright infringement is as follows: firstname.lastname@example.org.
If you have any comments or questions regarding this Contract, or wish to report any violation of these Terms, please contact us at account@hubOrgs.com. We will address any issue to the best of our abilities. If you are providing us written notice of any claim hereunder you must email email@example.com.