eHub Software owns and operates the eHub Software Service
("Service"). The Service is provided to each user
("User") under specific terms and conditions of service called
is the entire agreement between User and eHub Software. The eHub Software terms
of use also supersedes all prior agreements between eHub Software and the
User regarding the subject matter herein. Please read the entire
eHub Software provides User enterprise procurement
services via the its ecommerce site www.BuyHub.com. eHub Software will not charge User for this Service. In
consideration for the ability to provide the Service, User agrees to
provide certain current, complete, and accurate information about User as
prompted to do so by the Service and agrees to maintain and update this
information as required to keep it current, complete, and accurate.
Information requested on original sign up shall be referred to as User
Information. If any User Information provided by User is inaccurate or
incomplete, eHub Software reserves the right to terminate User's membership
and rights to use the Service.
From time to time, eHub Software may change the terms and conditions of the
or discontinue the Service with or without notice to User. eHub Software
shall not be liable to User or any third party should eHub Software exercise
its right to modify or discontinue the Service.
User acknowledges and agrees that eHub Software assumes no responsibility for
the deletion or failure to store information on the eHub Software servers.
eHub Software has not defined a predetermined upper limit on the number of
purchase orders a User posts through the Service and on how long such
purchase orders will be retained. eHub Software, in its sole discretion, may
terminate Service if a User's conduct is found to be inconsistent with the
User acknowledges and agrees that the User's membership is voluntary. User
agrees not to resell or make any commercial use of the Service, without
the express consent of eHub Software.
User is solely responsible for the purchase orders he or she made through
the Service. User's use of the Service is subject to all applicable local,
state, national and international laws and regulations. User agrees to
comply with US law regarding the transmission of technical data exported
from the United States through the Service; agrees not to use the Service
for illegal purposes; agrees not to interfere or disrupt networks
connected to the Service; and agrees to comply with all regulations,
policies and procedures of networks connected to the Service. User's
conduct is subject to Internet regulations, policies and procedures.
User agrees not to transmit through the Service any material that is
unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable. User
further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international
law or regulation. Attempts to gain unauthorized access to other computer
systems are prohibited.
User shall not interfere with another User's use and enjoyment of the
Service. eHub Software may, in its sole discretion, immediately terminate
User's membership should User's conduct fail to conform with these terms
eHub Software's policy is to respect the privacy of its Users.
eHub Software generally will not disclose User's personally identifiable
information, unless requested to do so by the User or unless required to
do so by law or in the good faith belief that such action is necessary to:
(1) conform to the edicts of the law or comply with legal process served
on eHub Software; (2) protect and defend the rights or property of eHub Software;
or (3) act under exigent circumstances to protect the personal safety of
its Users or the public.
The full text of eHub Software's Privacy Statement can be found in http://www.eHub Software.
User agrees to indemnify and hold eHub Software, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of User's use of the Service, the violation of this
user of the Service using User's computer, including third parties, of any
intellectual property or other right of any person or entity.
Proprietary Rights to Content
User acknowledges and agrees that information or content,
including but not limited to text, graphics, software, music, sound,
photographs, video, or other material contained in either sponsor
advertisements, web pages or email-distributed on or through the Service,
by eHub Software or eHub Software's Advertisers or other third parties, is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You may not use any content received through
the service for any commercial use, except the express written
authorization of the content owner. You agree not to modify, copy,
reproduce, republish, upload, post, transmit, sell or distribute content
available through the Service, including code and software, in violation
of applicable copyright and other intellectual property laws.
eHub Software, in its sole discretion, may terminate the
Service or the User's membership with or without cause, at any time and
effective immediately. Reasons for termination include, without
limitation, acessing the Service without authorization, transmitting
volume electronic replication, e.g. "spamming", or violating any
made by an e-mail message to the User, or any other form eHub Software deems
appropriate. eHub Software shall not be liable to User or any third party for
termination of Service.
Should User object to any terms and conditions of the eHub Software terms of
use or any subsequent modifications thereto or become dissatisfied with
the Service in any way, User's only recourse is to immediately: (1)
discontinue use of the Service; and (2) terminate Service membership. Upon
termination of the Service, User's right to use the Service and any
software provided by eHub Software immediately ceases.
The agreement shall be interpreted by and governed
according to the laws of the state of Delaware, excluding its conflict of
law provisions. eHub Software's failure to exercise and/or enforce any right
of such right or provision unless acknowledged and agreed to by eHub Software
in writing. User and eHub Software agree that any cause of action arising out
of or related to this Service must commence within one (1) year after the
cause of action arose or such cause of action is permanently barred.
Disclaimer of Warranties/Limitation of Liability
USER ACKNOWLEDGES AND AGREES EXPRESSLY THAT USE OF THE SERVICE IS AT
USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WHERE eHUB SOFTWARE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
eHUB SOFTWARE ALSO MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. eHUB SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES
DISTRIBUTED THROUGH MAILING LISTS AND ASSUMES NO RESPONSIBILITY FOR
AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION
DISTRIBUTED ON OR THROUGH THE SERVICE.
eHUB SOFTWARE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USER FROM eHUB SOFTWARE OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, eHUB SOFTWARE SHALL
NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF eHUB SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT eHUB SOFTWARE IS NOT RESPONSIBLE
FOR THE CONTENT OF MESSAGES DISTRIBUTED ON OR THROUGH THE SERVICE,
AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THIS SERVICE.
USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
USER ACKNOWLEDGES AND AGREES THAT BY COMPLETING THE REGISTRATION PROCESS
OR CLICKING THE "I ACCEPT" BUTTON BELOW, THAT USER HAS
AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE