You agree to and understand the following in its entirety:
This Agreement is effective on January 1st, 2020 for all users.
The legal entity you are entering into this Agreement with is eHub Services, Inc., an Indiana Corporation, located at 6736 Kennon Ct, Fort Wayne, IN 46835, if you reside in the United States.
Please note that Section 35 of this User Agreement contains an arbitration clause and class action waiver that governs how claims against eHub Services can be brought by you as a user. By agreeing to the terms of this User Agreement, you acknowledge and agree to submit all claims you have against eHub Services through final binding individual arbitration and you waive any right to participate in class actions, class arbitrations, or representative actions.
Payment processing services for Consumers and Service Providers on our Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this eHub Services User Agreement, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of eHub Services enabling payment processing services through Stripe, You agree to provide eHub Services with accurate and complete information about you and your business, and you authorize eHub Services to share it and transaction information related to your use of the payment processing services provided by Stripe.
eHub Services does not guarantee any pricing, or other terms of business between you and other users of eHub Service’s Services. eHub Services does not provide any comprehensive guarantees regarding use of its Services, and our Services are not a substitute for thoughtfulness and awareness when engaging in business with other users. We at eHub Services are not responsible for any losses, damages, or injuries that may result from your choice to engage in or business you transact with another user of our Services. If you do not agree with the foregoing, please do not use our Services.
- License and Acceptable Use. The eHub Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance”, and “graphic function” of our Services including but not limited to its color combinations, sounds, layouts, and designs. You agree and acknowledge that your use of the eHub Services does not confer upon you any license or permission to use our (or any third party’s) Intellectual Property Content. You shall not reproduce, reverse engineer modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners. eHub Services grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the eHub Services. This license does not include any resale of eHub Services, or its contents. You may not collect and/or use any Service listings, descriptions, or prices for any reason. You may not engage in: any derivative use of any eHub Services Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this User Agreement are reserved and retained by eHub Services or its licensors, suppliers, users, rights holders, or other content providers. No eHub Services Service, nor any part of any eHub Services Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of eHub Services. You may not misuse the eHub Services. You may use the eHub Services only as permitted by law.
Consumer. A person or company that arranges to have set services completed on their own behalf by any type of conveyance. The Consumer might be the owner, manager or renter. On eHub Services, Consumer may be referred to as the “Customer”.
Service Provider. Any party, person, or agent, that provides related services to a consumer or agency. For services. On eHub Services Service Providers may be referred to as “Service Provider”.
- eHub Services is a Neutral Venue and Digital Clearinghouse. eHub Services is not a Service Provider. Our website acts as a venue where consumers and Service Providers can interact and enter into agreements. eHub Services is not a party to any agreement made between eHub Services users via the eHub Services software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. eHub Services does not prequalify or validate the claims or qualifications of Service Providers nor does eHub Services prequalify or validate the claims of service companies including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). eHub Services does not endorse, recommend, or refer any specific SERVICE PROVIDER or consumer, nor does eHub Services have any control or influence over actions or decisions made by users of the service. All users of the eHub Services platform make their own decisions and you acknowledge and agree that we are not in any way arranging services on your behalf. Because we are not involved in the actual transaction between consumers and SERVICE PROVIDERs, we have no control over the accuracy of listings, the ability of Service Providers to preform service, or the consumer’s readiness for service. We cannot ensure the consumer or SERVICE PROVIDER will actually complete a Service. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the eHub Services platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any user’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of services are not provided by us and are specifically and solely between you and the other user.
- Access to Site and Services. You agree that you can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended eHub Services users. You acknowledge that you are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. Your eHub Services account may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. If you are using our Services as a Broker, you agree that you possess the authority to act as a Broker on behalf of a Consumer or SERVICE PROVIDER. Users who engage in certified licensed services must have a valid certification and license to perform the service they intend to do. You agree that the eHub Services are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the eHub Services website as a means to sell or market any types of goods or products, unless specifically allowed by eHub Services.
- Consumers. You are responsible for reading all terms, conditions, and tariffs published by Service Providers when scheduling Services on eHub Services. You are agreeing to the SERVICE PROVIDER’s terms, conditions, and tariffs; and entering into a legally binding agreement with the SERVICE PROVIDER, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the Service Provider, service dates, completion dates, are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 11 for additional details). A Service Provider reserves the right to inspect your Service before approving it, and to refuse service any service prohibited by this Agreement or by law. IMPORTANT: eHub Services does not actively screen or qualify Service Providers for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the SERVICE PROVIDER before services are rendered by the SERVICE PROVIDER.
- Service Providers. You must legally be able to perform the Services you engage with through eHub Services. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state, and federal licensing requirements. Service Providers agree that, through the various products and features on eHub Services, they are solely responsible for all aspects of services, pricing, and terms they offer the consumer. Rates, services, and terms are solely provided by the Service Providers and not by eHub Services. You understand and acknowledge that all Service information is provided by other registered users and eHub Services has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the Service details and by scheduling Services on eHub Services, you are entering into a legally binding agreement to complete the services as requested by the consumer.
- Payments. 15% partial payment in the form of a deposit can be made through eHub Services with the remaining balance to be paid directly to the provider. The 15% Deposit will be the fee for eHub Service this fee is non-refundable in the event of a completed Service.
- Pricing and Price Changes. eHub Services does not set or control prices offered by Consumers or SERVICE PROVIDERs. Quotes and offers Consumers receive from Service Providers are required to be all-inclusive based on the information Consumers provide; however, if the actual Service characteristics are materially different than specified by the Consumer and result in changes such as but not limited to equipment required, material required, all duties, then Service Providers may invoice a different amount than the original quote, and the Scheduling Party shall be responsible for all additional costs incurred.
- Fees. You are solely responsible for all transactions conducted through your account and for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on eHub Services require a payment method to be on file with eHub Services. You authorize eHub Services to charge any applicable fees to the payment method(s) You provide to us. eHub Services reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on the eHub Services website.
- a) Basic Accounts Fees. There are no registration or subscription fees for basic cunsumer or provider accounts.
- Consumer Listing/Posting Fees. eHub Services may collect a listing fee in order to list a Service. The amount for such a listing fee, if any, will be displayed to users before listing any Service.
- Consumer Service Charges. eHub Services may collect a Service Charge fee from the Consumer at the time of scheduling. The amount for such a Service Charge, if any, will be displayed to the consumer before scheduling. This fee is non-refundable in the event of a completed Service.
- SERVICE PROVIDER Transaction Fees. Service Providers may be charged a base transaction fee (base fees may be discounted for special programs) for Services that are booked and completed through the eHub Services. The origin, destination, category, customer type (consumer or broker), listing date, and format (auction, fixed offer price, or published rates) of a Service determines the applicable fee according to the SERVICE PROVIDER Transaction Fee Schedule, which may change from time to time. In the event a SERVICE PROVIDER assesses additional charges than the original booked quote due to changes in the services provided, the fee will be based upon the final assessed service price.
- Authorization to Credit and Debit Accounts. As a Consumer or Service Provider, You irrevocably and expressly authorize eHub Services to credit any monies to the account that you have identified for eHub Services. You agree that it is your responsibility to maintain a valid credit card or bank account on file with us while engaging in activity with the eHub Services. You agree that if you do not maintain a valid credit card or bank account on file with us during any billing attempt, you may be subject to interest and penalties per Section 9.d.3. You expressly authorize eHub Services to withhold any monies and/or debit any monies from any account that You have identified to eHub Services for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to eHub Services. We reserve our rights to all actions and remedies in connection with any monies owed to eHub Services.
- Match Cancellations and Account Credits. A cancellation may be requested by either party after a Service is booked on eHub Services but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on eHub Services will not be performed. When you request a cancellation, the other party will be notified and will have the opportunity to respond by either:
- Accepting the cancellation and your reason;
- Accepting the cancellation but providing their own reason and/or comments; or
- Disputing the cancellation and requesting review by eHub Services staff.
If your request for cancellation is accepted by the other party, the match will be canceled and the Service can either be relisted or deleted. If your cancellation request is disputed by the other member, then the request will be sent to eHub Services and a determination will be made on allowing or not allowing the cancellation. If the other party does not respond, the cancellation and reason will be automatically accepted.
- a) Refunds and Credits. For all cancelled Services booked using the Scheduling Deposit payment method, the Consumer deposit and/or the consumer Service Charge will be collected by eHub Services as our cancellation fee. At eHub Service’s sole discretion, and on a case-by-case basis, we may offer the cancellation fee as a discount to a future transaction; provided, however, that in such cases (i) the right to such discount shall be conditioned, and may be given in consideration for the consumer consummating a future transaction with eHub Services within 365 days following the issuance of such credit, and (ii) such discount shall have no cash value and shall not be transferable. A Consumer may receive a full refund of the booked Service price and consumer Service Charge for cancelled eHub Services Payments transactions up to 120 days after the scheduling date.
- b) Excessive Cancellations. Every Service Provider is allowed 1 cancellation for every 10 booked Services without penalty, with your total booked Services always rounded up to the nearest 10. Each cancellation above this allowance is considered to be excessive, and Service Providers that have excessive cancellations at the time a bid is placed or offer is accepted will have a variable surcharge added to their transaction fee. The cancellation rate is equal to the total number of cancellations divided by the total number of matches. The Service Provider’s transaction fee will incur an excess cancellation surcharge (see section 9.d.1) based on the Service Provider’s previous 12 month cancellation rate on eHub Services. Cancellations do not affect the % positive feedback or overall score. The Excessive cancellation count, every cancellation in excess of the above policy will be displayed in the Service Provider’s profile.
- Mobile Application Usage. When using the Services on a mobile device and/or the eHub Services mobile application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, (iii) not interact with the app, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
eHub Services does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and eHub Services shall have no liability should these problems arise. You assume all responsibility and risk for the use of the eHub Services and mobile applications.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. eHub Services is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. eHub Services reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable law from your home nation, the country, state, and/or city in which you are present while using the application or Service.
Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the eHub Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
Will not violate any international, federal or state law, regulation, rule, or statute;
Will not violate the terms of this Agreement;
Will not infringe upon any third party’s intellectual property rights including but not limited to copyright, patent, or trademark rights;
Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Will not be libelous, threatening, harassing, or defamatory. This specifically includes making legal claims of any sort about eHub Services employees, agents, other users, or any of the eHub Services;
Will not knowingly contain any computer hardware or software, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services;
Will not scan or test the vulnerability or security of our Services or the system within which our Services operate;
Will not be used for commercial or public purposes outside of the requirements of this Agreement;
Will not knowingly create liability for eHub Services through your use of eHub Service’s Services;
Will not frame or link to our Services without our written permission; and
Will not knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.
- a) eHub Services User Moderation. The eHub Services are self-policed by eHub Services users via a flagging system that is used to communicate the policies of the eHub Services User Agreement and Flagging Policies. A registered user who receives a red flag on three separate occasions is subject to suspension of their account. eHub Services reserves the right to edit, amend, or delete any information posted on the eHub Services if, in the sole opinion of eHub Services, that it is in violation of any policy or the Community Rules and Guidelines.
- b) Information Posted Publicly. Unless otherwise indicated, Service transaction activity on eHub Services is intended to be made public, and You are authorizing eHub Services to use or repurpose this information within the scope of the eHub Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the eHub Services Service, You may not provide contact information to other users prior to scheduling and never on any public area of the site.
- Prohibited Activities. eHub Services may suspend or remove your account if we suspect that you have engaged in prohibited activities in connection with our Services. eHub Services reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that users submit on our Services. Users may not manipulate or attempt to manipulate other user’s eHub Services accounts. Other prohibited activities include but are not limited to:
Requesting payment from another eHub Services user via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or MoneyGram);
Improperly influencing in any manner, or cause another to, improperly influence or manipulate in any manner the feedback of the user;
Posting and/or copying and pasting the content of a user feedback review from the eHub Services to your own personal or business website, to any other third party website and/or on any of your own personal, business, or third party marketing/advertising materials regardless of the form;
Posting or attempting to post, in any manner or by any means, a feedback review on your own account;
Asking Consumers to pay off-site through another form of payment when they have already paid through eHub Services Payments.
Changing, or in any way attempting to collect from users, as an additional charge to the total amount agreed upon for the services, the eHub Services Transaction Fee, or;
Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on eHub Services (provided that the Service was as described on eHub Services). The booked Service price must include ANY and ALL charges, including any taxes, fees, etc.
Representing or communicating to users that you are to collect the eHub Services Transaction Fee;
Causing another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the eHub Services Transaction Fee;
Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a user, that circumvents or avoids our right to a Transaction Fee;
Communicating or corresponding, whether by written, verbal, or electronic means, with a user, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Transaction Fee;
Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, or email addresses;
Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, or email addresses, obtained through the eHub Services site to offer to deliver a listed Service off-site or to offer a Service for delivery off-site.
Using the eHub Services name on your own personal and/or business website in any manner, including in the URL
Attempting to redirect website traffic from the eHub Services platform to your own personal and/or business website in any manner.
- Right to Suspend or Remove Users. We reserve the absolute right to reject or suspend your participation, or remove you from your current participation, with the eHub Services at any time and for any reason or for no reason and without notice to you. We are not liable for any damage or loss resulting from such hold, suspension, or removal. An event that may result in the suspension or removal of your participation can include but is not limited to: flagging; abusive or hostile behavior; unresolved customer disputes; multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations or negative feedback, etc.). eHub Services has no obligation to disclose the reason for actions taken under this section. All decisions are final.
- Feedback. For each eHub Services transaction, the Consumer and SERVICE PROVIDER are allowed to rate each other by leaving feedback for one another. Feedback should be left only once a Service has been delivered. Feedback consists of leaving one rating (positive, negative, or neutral), along with a short comment about your experience as well as star ratings based upon specific components of a SERVICE PROVIDER’s service. You acknowledge that your feedback consists of comments left by other eHub Services users and a composite feedback number compiled by eHub Services. You agree that you will not use your eHub Services feedback in any venue other than eHub Services. Users should always use caution and good judgment when leaving feedback for another user because users could be held legally responsible for damages to a user’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because eHub Services does not censor feedback or investigate it for accuracy, eHub Services is not legally responsible for the remarks that users post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
- a) Feedback Calculations. Feedback scores are calculated when another user gives you a +1, 0, -1 score. Each user’s overall feedback score is the difference between the number of users who left a positive rating and the number of users who left a negative rating. When a user leaves more than one of a particular type of feedback, for example three positive ratings for another user (for three different transactions), the other user’s score only increases by +1. While the score is only increased by +1, each of the comments is made available for the community to read in the profile section. A user can only influence another user’s feedback score by one positive, one negative or one neutral rating. For example, if you leave 3 positives and a negative, only one of the positives and one of the negatives will count against the score, netting to provide a score of 0.
- b) Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a user is a permanent part of that user’s profile. Generally, feedback comments cannot be edited at a later date. Users should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another user, or that may have been left for you. If you have a disagreement over feedback that has been left, you have the following options to respond:
Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other eHub Services user.
Mutual Feedback Withdrawal. If both users are able to resolve a problem after feedback has been left, you can mutually agree to withdraw the feedback rating and comment. Both users must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both users.
Feedback Comment Withdrawal. eHub Services will remove individual feedback comments only in very rare circumstances, such as but not limited to, when they violate certain eHub Services policies and instances when eHub Services receives a valid court order to remove feedback.
- Dispute Resolution. Disputes between You and eHub Services regarding our Services should be reported to eHub Services Member Support and are otherwise governed by Section 35 of this User Agreement. In the event that you have a dispute with another user, we will attempt to resolve any disputes through a customer service protocol. Because we are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving you. If you report a dispute to eHub Services, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between you and the other party. Therefore, if we are contacted by a user who claims to have a dispute with You regarding transactions completed on eHub Services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the eHub Services user and You agree to release us from any and all liability associated therewith. We encourage you to report all user-to-user disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
- No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the eHub Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between You and eHub Services.
- Release. Should you have a dispute with one or more eHub Services users, You release eHub Services, Inc., its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.
- Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section 26 shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to recovery for damages.
- Taxes. You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by eHub Services.
- Record Keeping/Audit. eHub Services reserves the right to keep all records of any and all transactions and communications between you and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
- Non-solicitation. During the term of this Agreement You shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of eHub Service’s other business relationships including but not limited to those with other eHub Services users, vendors, or business associates. Specifically, you shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any eHub Services user in which you initially met through eHub Services.
- Unsolicited Idea Submission. We always want to receive messages and feedback from eHub Services users and welcome any comments regarding the eHub Services marketplace. However, eHub Services policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by eHub Services might be similar or even identical to your idea.
If you do send eHub Services an unsolicited suggestion, idea, or proposal, or if you send, at the request of eHub Services, a comment or suggestion to improve the eHub Services Marketplace (for example, through discussion boards or via email) (collectively, the “Submission”), eHub Services will consider the Submission to be non-confidential and non-proprietary. eHub Services shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. eHub Services shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
- Remedies. If You use our Services in violation of this agreement include, we are authorized to take action against you as a user and/or take action against your eHub Services account which may include, but is not limited to, the immediate removal of your Service(s), offers, bids and/or profile, notifying our users of your actions, issuing a warning, temporarily suspending your user status, terminating your user status, and/or refusing to provide our Services to You in the future.
- Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of 3rd party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of 3rd party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that eHub Services is not responsible for any failures, delays, outages, or otherwise not making the Services available at any time. You agree that You are making use of our sites, Services, and tools including those of 3rd party solution providers at your own risk, and that they are being provided to You on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold eHub Services responsible, for any damages or losses resulting in any way from the foregoing in this section 25, or the following:
Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of 3rd party solution providers;
Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services;
The content, actions, or inactions of third parties, including items listed using our Services;
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
Changes to the Service availability, including planned or unplanned Service downtime.
Changes to any eHub Services products, features, or Services.
Your removal from the eHub Services marketplace.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You; In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that eHub Service’s liability is extremely limited and provides its services “AS IS”, and if this User Agreement is modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
- Indemnity. You agree to indemnify and hold eHub Services and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of your attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, misuse of eHub Service’s Services, or violation of any law or the rights of a third party.
- Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the eHub Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
- Arbitration and Waiver of Class Actions. Any legal claim arising out of or relating to this Agreement or our Services (excluding legal action taken by eHub Services to collect our fees or recover damages for, or obtain an injunction relating to, the eHub Services operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The arbitration shall be conducted in Fort Wayne, Indiana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 28 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER.
- Trademark and Domain Name Protection. The eHub Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by eHub Services. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the eHub Services without express written consent. You may not use any meta tags or any other “hidden text” utilizing eHub Service’s name or trademarks without the express written consent of eHub Services. You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, eHub Service’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
- Security. eHub Services uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
- Governing Law. THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF INDIANA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
- Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the eHub Services. You agree that any additional terms and conditions that apply to your use of our Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
- General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
- Notices. All notices sent to eHub Services shall be sent by physical mail to: eHub Services, Inc., 6736 Kennon Ct, Fort Wayne, IN 46835. All notices will be sent to you using the contact information you provide, and may be sent via regular mail, e-mail, text, phone call, or fax.