Terms of Use
These terms and conditions regarding your use of www.HubofWholesale.com constitute a
legally binding agreement between you and HubofWholesale.com ("HubofWholesale.com
, "we", "us" or "our").
HubofWholesale.com is offered and made available for private use. If you do not
agree with our terms and conditions for any reason, please discontinue use
immediately. By using or attempting to use HubofWholesale.com , you are
agreeing to be legally bound by this agreement.
The words "use" or "using" in this agreement, means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or device,
does or attempts to access, interact with use, display, view, print or copy from
www.HubofWholesale.com , transmit, receive or exchange data or communicate with
www.HubofWholesale.com , or in any way utilizes, benefits, takes advantage of or
interacts with any function, service or feature of www.HubofWholesale.com , for
any purpose whatsoever. This agreement does not cover your rights or
responsibilities with respect to third party content or sites or any links that
may direct your browser or your connection to third party sites or pages. This
is the entire and exclusive agreement between you and us regarding use of
www.HubofWholesale.com and it cannot be modified, except as specifically
described below in Section 2.
1. REGISTRATION
We require each buyer to have a user name and password combination in order to
use the features and functions of www.HubofWholesale.com and we may, from time
to time, also provide buyers with additional codes or passwords necessary to
perform additional functions on www.HubofWholesale.com . Please read our Privacy
Statement, which describes how we collect and use your personal information. You
will then choose a user name and password (or we may assign an initial password
which we will give you the option to change). Your user name and password are
personal to you and you may not allow any others to use your user name or
password under any circumstances. We are not liable for any harm caused or
related to the theft or misappropriation of your user name or password,
disclosure of your user name or password, or your authorization of anyone else
to use your user name or password. You agree to immediately notify us if you
become aware of or believe there is or may have been any unauthorized use of (or
activity using) your user name or password or any other need to deactivate your
user name or password due to security concerns. During registration (and
possibly at certain other times to enable your use of other features or
functions or for security purposes), you will be required to register and
provide us with certain information about you ("User Information"), in order for
us to allow you to use the features and functions of www.HubofWholesale.com ,
electronic mail services, messaging services, auctions, shopping, registration.
It is your responsibility to give us current, complete, truthful and accurate
information and to keep the information that you provide to us up to date. We
cannot and will not be responsible for any problems or liability that may arise
if you do not give us accurate, truthful or complete information or you fail to
update the information you give us. Please read our Privacy Statement, which
describes how HubofWholesale.com collects and uses your personal information.
You are solely responsible for maintaining the strict confidentiality of your
user name and password and for any charges, costs, expenses, damages,
liabilities and losses we incur or may suffer as a result of your failure to do
so. You, and not us, are solely responsible and liable for your activity,
behavior, use and conduct on www.HubofWholesale.com and for any use of
www.HubofWholesale.com or any other activity or conduct in connection with
www.HubofWholesale.com , by any others who use your user name or password,
unless and until you notify us that your user name or password may have been
compromised, misappropriated or improperly taken or used by another party. We
have the right to disclose your User Information to third parties for the
purpose of administering and maintaining services on www.HubofWholesale.com . We
respect the privacy of the contents of users' e-mail and messages; however, we
reserve the right to monitor, edit or disclose any information about your use of
the services on www.HubofWholesale.com and/or such contents, if we believe such
action is required by law or is necessary to protect and defend our rights, to
enforce this agreement, or to protect the interests of our members and others.
The amount of order storage space per user is limited. Some orders may not be
processed due to space constraints or limitations. We assume no responsibility
for deletion of orders.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this agreement. We will post or display
notices of changes on www.HubofWholesale.com and we may also e-mail you about
these changes. Once we post them on www.HubofWholesale.com , these changes
become effective immediately and if you use www.HubofWholesale.com after they
become effective it will signify your agreement to be bound by the changes. You
should check back frequently and review the terms and conditions of this
agreement regularly so you are aware of the most current rights and obligations
that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, artwork,
graphic material, database, proprietary information and all copyrightable or
otherwise legally protectable elements of www.HubofWholesale.com , including,
without limitation, the selection, sequence and 'look and feel' and arrangement
of items, and all trademarks, service marks and trade names (individually and/or
collectively, "Material"), are the property of HubofWholesale.com , its
subsidiaries, affiliates, licensors or suppliers and are legally protected,
without limitation, under Canadian Law. Unless the context clearly requires
otherwise or we explicitly say so in writing, the term "Site" includes
"Material" as well. www.HubofWholesale.com is to be used solely as an online
catalog for wholesale buying. You must not alter, delete or conceal any
copyright or other notices contained on www.HubofWholesale.com , including
notices on any Material you download, transmit, print or reproduce from
www.HubofWholesale.com . You shall not reproduce, modify, create derivative
works from, display, perform, publish, distribute, disseminate, broker,
broadcast or circulate to any third party (including, without limitation, on or
via a third party web site), or otherwise use, any Material without the express
prior written consent of HubofWholesale.com or its owner if HubofWholesale.com
is not the owner. Any unauthorized or prohibited use of any Material, may
subject you to civil liability or criminal prosecution, or both, under
applicable federal and state laws. We require users to respect our copyrights
and other intellectual property rights. On notice, we will act expeditiously to
remove content on www.HubofWholesale.com that infringes the copyright rights of
others and will disable the access to www.HubofWholesale.com and its services
of anyone who uses them to repeatedly infringe the intellectual property rights
of others. If you believe that www.HubofWholesale.com contains elements that
infringe your copyrights in your work, please e-mail us at once.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (e.g., advertisers) as a result of
your use of www.HubofWholesale.com . All such communication, interaction and
participation is strictly and solely between you and such third party and we
shall not be responsible or liable to you in any way in connection with these
activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may exist
between you and the third party or any goods or services you may purchase or
obtain from any third party).
5. RULES OF CONDUCT
Your use of www.HubofWholesale.com is subject to all applicable local, state,
national laws and regulations and, in some cases, international treaties. You
are solely responsible for all activities, acts and omissions that occur in,
from, through or under your user name or password. You shall not use, allow
enable others to use www.HubofWholesale.com , or knowingly condone use of this
Site by others, in any manner that is, attempts to, or is likely to:
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be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually
explicit or sexually, racially, culturally, ethnically offensive, harmful,
harassing, intimidating, threatening, hateful, objectionable, discriminatory
or abusive or which may or may appear to, impersonate anyone else;
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affect us adversely or reflect negatively on us, www.HubofWholesale.com , our
goodwill, name or reputation or cause duress, distress or discomfort to us or
anyone else, or discourage any person, firm or enterprise from using all or
any portion, features or functions of www.HubofWholesale.com , or from
advertising, linking or becoming a supplier to us in connection with
www.HubofWholesale.com ;
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send or result in the transmission of junk e-mail, chain letters, duplicative or
unsolicited messages, or so-called "spamming";
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transmit, distribute or upload programs or material that contain malicious
code, such as viruses, timebombs, cancelbots, worms, trojan horses or other
potentially harmful programs or other material or information;
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violate any laws, regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from Canada), judicial or
governmental order, any treaties or violate or infringe upon any intellectual
property rights, rights of publicity or privacy, or any other rights of ours
or of any other person, firm or enterprise; gain unauthorized access to
www.HubofWholesale.com , other users\' accounts, names, passwords, User
Information or other computers, web sites or pages, connected or linked to
www.HubofWholesale.com or to use www.HubofWholesale.com in any manner which
violates or is inconsistent with the terms and conditions of this agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of www.HubofWholesale.com or the rights or use and
enjoyment of www.HubofWholesale.com by any other person, firm or enterprise;
or
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collect, obtain, compile, gather, transmit, reproduce, view or display any
information, whether personally identifiable or not, concerning any other
person, firm or enterprise, in connection with their or your use of
www.HubofWholesale.com , unless you have obtained the express, prior
permission of such other person, firm or enterprise to do so.
6. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE WWW.HUBOFWHOLESALE.COM
WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR
OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
HUBOFWHOLESALE.COM ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS
SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN
CONNECTION WITH OR ARISING FROM USE OF WWW.HUBOFWHOLESALE.COM OR FROM THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
7. INDEMNIFICATION
You agree to indemnify, defend and hold HUBOFWHOLESALE.COM , its subsidiaries
and affiliates, and their respective officers, directors, employees, agents,
licensors, representatives and suppliers, harmless from and against any and all
claims, actions, losses, expenses, damages and costs (including reasonable
attorneys' fees), resulting from any breach or violation of this agreement by
you. HUBOFWHOLESALE.COM reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and all negotiations
for settlement or compromise, and you agree to fully cooperate with
HUBOFWHOLESALE.COM in the defense of any such claim, action, settlement or
compromise negotiations, as requested by HUBOFWHOLESALE.COM .
8. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
www.HubofWholesale.com is operated in
Canada. This agreement, together with our Privacy Statement and any other rules,
regulations, procedures and policies which we refer to and which are hereby
incorporated by reference, contains the entire understanding and agreement
between you and HUBOFWHOLESALE.COM and supersedes any and all prior or
inconsistent understandings relating to www.HubofWholesale.com and your use of
www.HubofWholesale.com . This agreement cannot be changed or terminated orally.
If any provision of this agreement is held to be illegal, invalid or
unenforceable, this will not affect any other provisions and the agreement will
be deemed amended to the extent necessary to make it legal, valid and
enforceable. Any provision which must survive in order to allow us to enforce
its meaning shall survive the termination of this Agreement; however, no action
arising out of this Agreement or your use of www.HubofWholesale.com , regardless
of form or the basis of the claim, may be brought by you more than one (1) year
after the cause of action has arisen (or if multiple causes, from the date the
first such cause arose). This agreement and your use of www.HubofWholesale.com
is governed by, construed and enforced in accordance with the internal
substantive international internet laws.
