HomeTerms of Service

eHub Networks, LLC – Terms of Service (Effective September 10, 2021)

ACCEPTANCE OF TERMS

The Terms referenced below are a legally binding contract between eHub Networks, LLC (referred to within as “eHub”) and the users of eHub platforms.  These terms set out the rights and responsibilities of eHub users when using the web or mobile versions of the eHub platform and the other services provided by eHub (collectively the “Services”). By using any eHub Services (including simply browsing the eHub sites), you agreeing to the Terms. If you don’t agree with the Terms, you may not use eHub’s Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

PRIVACY

eHub knows your personal information is important to you.  eHub’s Privacy Policy details how your information is used when you use eHub’s Services. By using eHub’s Services, you are also agreeing that eHub can process your information in the ways set out in the eHub Privacy Policy.

LICENSED USE OF THE SERVICES

Subject to your complete and ongoing compliance with these Terms, eHub grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services. eHub reserves all rights not expressly granted to you by these Terms.  Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without eHub’s written agreement: license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or access the Services or Content in order to build a similar or competitive website, product, or service.

MODIFICATION OF SERVICES

eHub may add or remove features, products, or functionalities.  In such cases, eHub will try to notify you of such modifications, but that won’t always be possible. eHub reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms which may be updated from time to time. You agree that eHub will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

ACCOUNT SECURITY

To use certain features of eHub Services, you may be required to create a user account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.  You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify eHub if you discover or suspect that someone has accessed your Account without your permission. It is recommended that you use a strong password that is used only with your Account.

USER CONTENT

The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the eHub by users or eHub partners.

When user Content is created with or submitted to the Services, you grant eHub a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with eHub. You also agree that eHub may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about eHub or its Services that you provide to us are entirely voluntary, and you agree that eHub may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although eHub has no obligation to screen, edit, or monitor user Content, eHub may, in eHub’s sole discretion, delete or remove user Content at any time and for any reason, including for violating these Terms, violating eHub’s Content Policy, or if you otherwise create or are likely to create liability for us.

THIRD-PARTY CONTENT

The Services may contain links to third-party websites, products, or services, which may be provided by eHub affiliates, partners, or other users (“Third-Party Content”). Third-Party Content is not under eHub’s control, and eHub is not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content. The type, degree, and targeting of such sponsored Content are subject to change, and you acknowledge and agree that eHub may place sponsored Content in connection with the display of any Content or information on the Services, including Your Content.

UNAUTHORIZED USE

When using or accessing eHub platforms, you must comply with these Terms and all applicable laws, rules, and regulations.  Specifically, you may not do any of the following:

Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Service;

Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;

Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;

Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;

Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with eHub; or

Use the Services in any manner that eHub reasonably believes to be an abuse of or fraud on eHub or any payment system.

We encourage you to report content or conduct that you believe violates these Terms. eHub also supports the responsible reporting of security vulnerabilities.

COPYRIGHT, TRADEMARK, DMCA AND TAKEDOWNS

eHub respects the intellectual property of others and requires that users of eHub’s Services do the same. eHub has a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of eHub’s Services who are repeat infringers. If you believe that anything on eHub’s Services infringes a copyright or a trademark that you own or control, you may notify eHub’s Designated Agent by contacting:

Suiter Swantz IP

14301 FNB Parkway, Suite 220

Omaha, NE 68154

info@suiter.com

Also, please note that if you knowingly misrepresent that any activity or material on eHub’s Service is infringing, you may be liable to eHub for certain costs and damages.

If eHub removes Content in response to a copyright or trademark notice, eHub will notify you. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via eHub’s Designated Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.

INTELLECTUAL PROPERTY

The Services are owned and operated by eHub. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by eHub are protected by intellectual property and other laws. All Materials included in the Services are the property of eHub and/or its third-party partners/licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials. Except as expressly authorized by eHub, you may not make use of the Materials. eHub reserves all rights to the Materials not granted expressly in these Terms.

INDEMNITY

Except to the extent prohibited by law, you agree to defend, indemnify, and hold eHub, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “eHub Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. eHub reserves the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with eHub’s defense of these claims.

DISCLAIMERS AND LIMITATION OF LIABILITY

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE EHUB ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. EHUB DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE EHUB ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF eHub’s SERVICES SAFE, EHUB DOES NOT REPRESENT OR WARRANT THAT eHub’s SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL ANY OF THE EHUB ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA.  THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE EHUB ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

GOVERNING LAW AND VENUE

Should you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns via the Designated Agent noted above.

To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of Nebraska, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Omaha, Nebraska, and you and eHub consent to personal jurisdiction in these courts.

CHANGES TO THESE TERMS

eHub may make changes to these Terms from time to time. If eHub makes changes, eHub will post the revised Terms and update the Effective Date above. If the changes, in eHub’s sole discretion, are material, eHub may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through eHub’s Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using eHub’s Services before the changes become effective.

TERMINATION AND MODIFICATION

You may withdraw from these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, eHub may suspend or terminate your Account, or ability to access or use the Services at any time, without notice, for any or no reason, including for violating these Terms.

The following sections will survive any termination of these Terms or of your Account: User Content, Unauthorized Use, Indemnity, Disclaimers and Limitation of Liability, Governing Law and Venue, and Termination and Modification.