Terms and Conditions
Legal document of Terms and Conditions
Last Updated: 11/15/2023
Welcome to Hub Nexus! By accessing and using this platform, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please do not use our platform.
The following meanings apply in these terms of service: "Site", "App" or "Platform" refers to any website made available by HubNX, Inc. "Services" refers to the Site and all services provided by HubNX, Inc. "HubNX", "Hub Nexus", "we", "us" and "our" refer to HubNX, Inc. and its employees, consultants, officers, directors, or agents (the "Representatives"). "User," "you" and "your" refer to each customer, visitor or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, then (a) "you" and "your" also refers to that entity, (b) you represent and warrant that you are a Representative of the entity with the authority to bind it to these terms of service, and (c) you agree to these terms of service on the entity's behalf.
Platform Purpose
Hub Nexus, Inc. is a cloud platform for free version-controlled content publishing and development, allowing authors to store and manage their content, through public collaborations making edit requests and through financial support on a one-time or recurring basis. The platform's role is to facilitate this interaction, and any claims or issues related to content, including but not limited to copyright, must be addressed by the respective content creators, readers, or prospective owners themselves.
User Responsibility
Users, as content creators, are solely responsible for the content they create, upload, or share on the platform. This includes ensuring that they have the necessary rights and permissions for any content they submit. Also, users and their guardians if necessary, as viewers, are solely responsible for the result of themselves viewing any content on the platform.
Intellectual Property
Hub Nexus does not claim ownership of the content submitted by users. Users retain their intellectual property rights to their content. By submitting content to the platform, users grant Hub Nexus a non-exclusive, worldwide license to use, display, and distribute the content on and through the platform.
User Account
Certain parts of the Services require that you have a User Account. You are responsible for all activity that happens on or through your User Account. Since we are using passwordless login, you are solely responsible for keeping your email secure. You may not access or use another person's User Account. Hub Nexus is not liable for any harm you incur as a result of another person's use of your User Account. You may be held liable for any harm Hub Nexus incurs as a result of another person's use of your User Account.
Each User Account is associated with a single email address and you will choose the email address you register for a User Account. If the domain of the email address associated with a User Account is owned or controlled by an organization (such as your employer or school), you grant that organization and its User Account administrator(s) permission to: (a) identify User Accounts associated with the domain owned or controlled by the organization; and (b) administer your User Account (which includes suspending or canceling it, resetting the password, or accessing usage, profile, content, or other User Account information). You acknowledge and agree that we may assist the organization with such administration.
User Conduct
Users agree to use the platform in a manner that is lawful and in accordance with these terms. Harassment, abuse, or any illegal activities are strictly prohibited. Users agree to comply with all applicable laws and regulations, including, but not limited to U.S. federal, state, and local laws and regulations and export and re-export control laws and regulations.
You agree not to harm the Services and not to access or use the Services to harm others, including Hub Nexus. For example, you must not engage in any activity or transmit any information that, in our sole discretion: (i) accesses or uses the Services in a manner that is harmful, threatening, or harassing; (ii) violates any law or regulation; (iii) improperly impersonates others or misrepresents or conceals your identity or your affiliation with others; (iv) solicits, accesses, discloses, or uses the sensitive information (includes personally identifiable information, User Account, confidential information, or other proprietary or valuable information) of others either without their permission or in an otherwise objectionable manner; (v) violates or infringes the Intellectual Property Rights or other proprietary rights of others; (vi) circumvents or otherwise interferes with security, access or usage restrictions, or other measures employed to control, restrict, or prevent access to the Services or other information contained on or obtained from or through the Services; (vii) damages, disables, interferes with, overburdens, or otherwise impairs the Services or any computer software or hardware or electronic communications equipment; (viii) uses any content or other information contained on or obtained from or through the Services, except as provided for in these terms of service or with our prior written permission; (ix) copies or modifies the Services or otherwise affects the display of the Services as provided by Hub Nexus or distributes, sells, leases, or makes any portion of the Services available for access by third parties in any manner other than as provided by Hub Nexus; (x) uses automated or any other unauthorized means to modify, reroute, access, or use the Services; (xi) reverse engineers or otherwise attempts to derive source code of the Services, unless laws prohibit those restrictions or you have our prior written permission; (xii) is in connection with any effort to (a) develop or operate a product or service that is competitive with the Services or that uses ideas, features, functions, or graphics similar to those of the Services, or (b) copy ideas, features, functions, or graphics of the Services; (xiii) accesses or uses the Site or Services for unauthorized advertising, marketing, or communication or for other unauthorized commercial purposes; (xiv) violates these terms of service; (xv) attempts any of the foregoing or assists, permits, or encourages others to do or attempt any of the foregoing.
Use Interaction
You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. Hub Nexus shall have no liability for your interactions with other users, or for any user’s action or inaction.
Some areas of the Services may allow users to post content such as profile or transaction information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Services "User Content"). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. You acknowledge and agree that any User Content that you post may be displayed and disclosed to other users as permitted through the functionality of the Services. Hub Nexus reserves the right, but is not obligated, to edit, remove, re-categorize, pre-screen, reject and/or otherwise modify any User Content that Hub Nexus believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this terms of service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
User Content
Your User Content and Hub Nexus' use thereof as contemplated by these terms of service and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Hub Nexus may exercise the rights to your User Content granted under this terms of service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Hub Nexus takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Hub Nexus shall not be liable for any damages you may incur as a result of User Content.
By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Hub Nexus a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, video and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this terms of service.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Services. We may retain and use your User Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your User Content quickly upon request. Please note, however, that there might be latency in deleting User Content from our servers and backed-up versions might exist after deletion. In addition, we do not delete User Content from our servers that you have in common with other users.
Subject to your compliance with the terms and conditions of this terms of service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed. Hub Nexus reserves all rights not expressly granted herein in the Services and the Hub Nexus Content (as defined below). Hub Nexus may terminate this license at any time for any reason or no reason.
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Hub Nexus Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Hub Nexus and its licensors. Except as explicitly provided herein, nothing in this terms of service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Hub Nexus Content or materials on the Services for any purpose not expressly permitted by this terms of service is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Hub Nexus under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hub Nexus does not waive any rights to use similar or related ideas previously known to Hub Nexus, or developed by its employees, or obtained from sources other than you.
Financial Support
When you elect to conduct financial support to a node with its content creators, you agree to the terms of pricing, payment and billing policies applicable to such fees and charges. Hub Nexus may amend fees and charges for existing services, or add new services for additional fees and charges, or initiate chargebacks due to financial transaction errors, at any time in its sole discretion. You authorize Hub Nexus to redirect you to our third party Stripe payment service provider to charge your credit card for all fees and charges incurred in connection with your support to user contents and your use of the Services, including Hub Nexus' fees, government fees, registered agent and other third party fees.
If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. In the event that Hub Nexus suspends or terminates your account or this terms of service, you understand and agree that you shall receive no refund or exchange for any Hub Nexus Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
As the member of a node quorum, if you choose not to onboard with Stripe, you understand and agree that you shall receive no portion of the fund from each financial support transaction, one time or recurring subscription, related to the node. If you choose to onboard with Stripe, you would receive a portion of the fund, after you joined as a member of the node quorum, each time a financial support transaction occurs in the node.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Confidential Information
We care about the privacy of our Users. Please see our privacy policy page in more detail.
"Confidential Information" means (a) for Hub Nexus, the Services and information and data related to the Services, (b) for you, your User Content, (c) and information designated by the party disclosing Confidential Information ("Disclosing Party") as confidential when it is disclosed (and in the case of oral disclosures, summarized in a writing delivered to the party receiving Confidential Information ("Recipient") within thirty days of the initial disclosure) or that, due to the nature of the information, Recipient would clearly understand it to be confidential information of the Disclosing Party. Confidential Information shall not include information that: (i) was or becomes generally known to the public through no fault or breach of these terms of service by Recipient; (ii) was rightfully in Recipient’s possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by Recipient without use of the Disclosing Party’s Confidential Information; or (iv) was rightfully obtained by Recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure. Information you provide to Hub Nexus that is not Confidential Information (as defined below) will be treated in accordance with the Hub Nexus Privacy Policy.
Recipient will use the Confidential Information of the Disclosing Party solely for the purpose for which it is provided, will not disclose such Confidential Information to a third party, except on a need-to-know basis to its attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein, and will protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information of a similar nature, but using no less than a reasonable degree of care. Notwithstanding the foregoing, you expressly authorize Hub Nexus to use and process User Content as described in the Hub Nexus Privacy Policy, which, includes provision for delivering certain User Content in accordance with your use of the Services and sharing User Content with individuals who are authorized to view User Content or approve or sign documents in accordance with your use of the Services. Confidential Information will always remain the property of its owner.
If Recipient is required by law to disclose the Disclosing Party's Confidential Information, Recipient will give Disclosing Party prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and will cooperate with Disclosing Party to obtain where reasonably available an order protecting the Confidential Information from public disclosure.
You consent to have your personal data collected, used, transferred to and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Hub Nexus at your own risk.
Termination of Service
Hub Nexus reserves the right to terminate or suspend access to the platform at any time, with or without cause.
We may, without prior notice, change the Services, stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services for any reason, without notice and with no liability of any kind, including if in our sole determination you violate any provision of these terms of service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these terms of service. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason in Hub Nexus’ sole discretion, with or without notice and with no liability of any kind. Hub Nexus does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
Third-Party Services
The Services may refer you to or allow you to share information with third parties that are not owned or controlled by Hub Nexus, such as but not limited to payments, collaborators, applications, websites, information, advertisers, promotions, products, services, or other resources (collectively, the "Third-Party Services"). Hub Nexus does not endorse or assume any responsibility for any Third-Party Services. You access and use Third-Party Services at your own risk, and you understand that this terms of service and Hub Nexus’ Privacy Policy do not apply to your use of Third-Party Services. You expressly relieve Hub Nexus from any and all liability arising from your use of any Third-Party Services. Additionally, your dealings with or use of Third-Party Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and those offering such Third-Party Services. You agree that Hub Nexus shall not be responsible for any loss or damage of any sort relating to your dealings with Third-Party Services.
If you have used the Services to share information or have otherwise consented to share information with a third party or if you have requested any Third-Party Service, you agree that we may share information that you consented to share with such third party or Third-Party Service or information that is necessary in order to fulfill your request for a Third-Party Service and that we may assist them with accessing such information and fulfilling your request. You also acknowledge that information you share with a third party may be further shared or otherwise accessible in some cases, such as when you share information with an attorney or other collaborator who uses features of the Services enabling collaboration amongst their colleagues.
NO WARRANTY
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUB NEXUS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HUB NEXUS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
HUB NEXUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HUB NEXUS SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HUB NEXUS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
Hub Nexus is not responsible for any claims, including but not limited to damages incurred by users, and copyright claims, related to user-generated content. Users are solely responsible for resolving any disputes or claims that may arise. We encourage users to make an edit request in the node for a claim, to express concerns in the edit description and the edit context and to suggest proposed actions and revised content. You could also communicate with node quorum, referred to as node author and node contributors, via comments when the edit is in review stage. It is up to the node quorum’s decision to grant or deny your request.
Hub Nexus services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Hub Nexus services are provided by Hub Nexus, and content creators, on an “AS IS” and “AS AVAILABLE” basis, unless otherwise specified in writing. Hub Nexus makes no representations or warranties of any kind, express or implied, as to the operation of the Hub Nexus, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Hub Nexus services, unless otherwise specified in writing. You expressly agree that your use of the Hub Nexus services is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUB NEXUS OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT ARISE FROM OR RELATE TO THE SERVICES. UNDER NO CIRCUMSTANCES WILL HUB NEXUS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUB NEXUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. HUB NEXUS EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL HUB NEXUS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HUB NEXUS HEREUNDER. EXCEPT FOR HUB NEXUS'S OBLIGATIONS WITH RESPECT TO YOUR "CONFIDENTIAL INFORMATION" EXPRESSLY SET FORTH ABOVE, HUB NEXUS EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL HUB NEXUS, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY ACTION, CLAIM, DAMAGE, LOSS, LIABILITY, COST, OR EXPENSE IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HUB NEXUS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HUB NEXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification
You agree to indemnify and hold harmless Hub Nexus and its subsidiaries, affiliates, officers, agents, licensors, suppliers, successors, assigns and other partners and employees, and their respective Representatives, affiliates, licensors, or suppliers, from and against any action, claim, damage, loss, liability, cost, demand or expense, including reasonable attorneys' fees, made by any third party due to or arising out of or related to your or your user account’s: (a) use of the Hub Nexus; or (b) violation of these Terms of Use; or © violation of any rights of another user, including but not limited to intellectual property rights; or (d) violation of any applicable laws or regulations. Hub Nexus retains the exclusive right to settle, compromise, and pay, without your consent, any claims or causes of action that are brought against us. Hub Nexus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle, without our prior written consent, any matter for which you have indemnity obligations or in which we are named [as a defendant]. We will reasonably notify you of any matter for which you have indemnity obligations.
Directed Users
The Services are controlled and operated from the United States. Hub Nexus makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States federal, state, and local laws and regulations, including import, export and re-export control laws and regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Governing Laws
You agree that: (i) the Services shall be deemed solely based in Washington; and (ii) the Services shall be deemed passive that do not give rise to personal jurisdiction over Hub Nexus, either specific or general, in jurisdictions other than Washington. You expressly agree that your rights and obligations, this terms of service and any disputes shall be governed by and interpreted in accordance with the laws of the State of Washington, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Hub Nexus that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington, unless submitted to arbitration as set forth in the following paragraph.
Limited Arbitration Rights
For any claim (excluding claims for injunctive or other equitable relief) under this terms of service where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification procedures
Hub Nexus reserves the right to modify these terms at any time. It is the users' responsibility to check on updates of the terms regularly. Users' continued use of the platform constitutes acceptance of the modified terms.
Modification of Terms
Hub Nexus reserves the right to modify these terms at any time. It is the users' responsibility to check on updates of the terms regularly. Users' continued use of the platform constitutes acceptance of the modified terms.
Acceptance of Terms
These terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Hub Nexus without restriction.
This agreement, together with any amendments and any additional agreements you may enter into with Hub Nexus in connection with the Service, shall constitute the entire agreement between you and Hub Nexus concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this terms of service shall be deemed a further or continuing waiver of such term or any other term, and Hub Nexus’ failure to assert any right or provision under this terms of service shall not constitute a waiver of such right or provision.
By using our platform, users agree to abide by the terms and conditions set forth by the platform.
Miscellaneous
All materials on this site are strictly for informational purposes only. Hub Nexus has not investigated, and is not responsible for, the accuracy or completeness of any information provided through the Services.
Contact Information
If you have any questions about these terms, please contact us at legal@hubnx.com