Conditions of Use
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
If you create or add to a Hubary Niche-Page, you agree to (a) provide accurate, and current information when submitting company data, media files or any other information or files to the Site (collectively “Information”); (b) maintain the security of your password; (c) be fully responsible for all use of your account and for any actions that take place using your account.
Term & Cancellation Policy
This Agreement shall remain in full force and effect while you use Hubary.
You may terminate your business or company listing (“Listing”) at any time, for any reason. If you terminate your Listing while on a monthly payment plan, your listing will become deactivated effective as of the next billing period. You will not receive any pro-rated refund for the portion of the month from when you canceled your listing. Your listing will remain active, until the start of the next monthly billing period, and then will become deactivated and no longer billed.
If you terminate your Listing on a yearly plan, your listing will become deactivated as soon as administratively feasible. You will receive a pro-rated refund for the portion of the year in which you no longer remain active, less the discounted rate from the monthly listing. Since the annual listing is discounted off the monthly listing fee, you will no longer be entitled to that annual discounted rate by terminating your listing prior to the expiration of the annual listing period.
At our sole discretion, Hubary may terminate your membership at any time, for violating any of the policies set forth in this Agreement. Based on the nature of the violation and based solely on our judgment and discretion, we may provide you with a reasonable time frame in order for you to correct or cure any violation of the policies set forth herein. If Hubary terminates your Listing, you shall not be entitled to the refund of any unused portion of subscription fees. Even after the listing is terminated, this Agreement will remain in full effect.
Hubary is a directory and listing service that allows companies to submit Information to the Site. This Information may be inaccurate, incomplete or out-of-date and users may make mistakes when submitting the information. Hubary assumes no responsibility regarding the completeness or accuracy of the information that is provided to Hubary which Hubary then makes available to you. The use of such Information is at your own risk.
Hubary shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content (collectively “Objectionable Content”) within the Hubary or content originating with or otherwise provided by third parties. Hubary will take reasonable actions to remove Objectionable Content in a timely manner. It is the sole responsibility for listed companies to update their own Information on a regular basis to keep the Information up-to-date, complete and accurate. Hubary has no responsibility or liability for the deletion or failure to store or display any content that is contributed to the Content, Site, or Service.
You represent, warrant and agree that no materials of any kind submitted through any Hubary Niche-Page (Business Listing) entry or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, Hubary may review and delete any content, links, photos or profiles (collectively, "Content") that in the sole judgment of Hubary violate this Agreement or the general spirit of Hubary.
By posting content in any public area of Hubary, you automatically grant as well as represent and warrant that you have the right to grant to Hubary the ability to use and display your listing information, images, video, audio, logo, or other related information on the Site (including social media pages) and on any Hubary promotional, advertising, marketing materials as provided as part of the Listing without liability or payment to you.
By using Hubary, you agree not to:
- transmit content that may be deemed to contain: pornography or any highly sexualized or fetishized material; promote racism, hatred or physical harm of any kind against any group or individual; harass or defame another person; contain or promote unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes”; contain or provides information about an illegal or unauthorized copy of copyrighted work; provides material that exploits people under the age of 18 in a sexual or violent manner; provide instructional information about illegal activities; include information from private or proprietary websites or other non-public sources; post anything that exploits children or minors or that depicts cruelty to animals;
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information including but not limited to Social Security numbers, credit card numbers or other personal identifiable information;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from Hubary, or create a false identity on the Site.
- upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Hubary or its users to any harm or liability of any type.
Even though all of this is strictly prohibited, Hubary does not guarantee the removal of these items and users may be exposed to such items. You further waive your right to any damages (from any party, including Hubary) related to such exposure.
Links to Third Party Sites
The Site contains (or you may be sent through the Site) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Site Content”). We do not control or monitor such Third Party Sites or Third Party Site Content, and we are not responsible for any Third Party Sites or Third Party Site Content accessed through the Site. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Site Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Hubary may display content on the Site that is copyrighted by a third party. By listing on Hubary through a free trial or through paid Services, you are providing your consent to Hubary to display content on the Site that may be copyrighted by a third party.
To create an effective listing and Niche-Page that attracts potential customers and users of your business, service, or product, you can use these guidelines:
- Select a market(s) or category(ies) that best matches your business or who you are looking to attract.
- Provide clear, honest, and accurate descriptions of your business. Be detailed, but remember, your Niche-Page is a snapshot of your business. Summarize your product/service offering and existing website or business to this single page. The exercise not only makes sure you are providing only the essential information to visitors with limited time, but it helps you refocus your attention on the key aspects of your business. We encourage you to be creative and tell your story.
- Don't engage in tactics like keyword spamming, because this makes it hard for people to find what they're looking for.
Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your listing privileges and termination of your account. If a listing is in the wrong category, we may move it to a more appropriate one or the listing may be removed.
Hubary will not share your information with any third parties without your express written consent.
Other Opportunities and Other Market Offerings
Hubary reserves the right to contact you with potential business opportunities or potential partnering opportunities with other companies or businesses (collectively “Opportunities”). Hubary reserves the right to contact you with other business or marketing offerings including but not limited to general business consulting, merger and acquisition related consulting, accounting, tax or bookkeeping services and other similar offerings (collectively “Other Market Offerings”). Your participation in these Opportunities and Other Market Offerings are at your sole discretion and you are not obligated in any way to purchase or take part in these Opportunities or Other Market Offerings. These Opportunities and Other Market offerings are being made available to you in order to assist you in your small business ventures. We believe we may have an appropriate skill set or business connections that can make your business more successful or enhance your growth and profitability. All initial communications of such Opportunities or Other Market Offerings will come from authorized representatives of Hubary (such as one of the two co-founders). If you choose not to be contacted by Hubary as it relates to these Opportunities and Other Market Offerings, please notify us and we will cease communications as it relates to these Opportunities and Other Market Offerings
HUBARY HEREBY DISCLAIMS ALL WARRANTIES. HUBARY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HUBARY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation on Liability
HUBARY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HUBARY OR ITS OWNERS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HUBARY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Change of Control
In the event of a change of control of Hubary or the sale of a portion or substantially all of Hubary’s assets, all rights of Hubary hereunder shall be transferable without notice to you.
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