Last updated: 12/07/2016
The following definitions apply to these Terms:
The Service is licensed for use only under these Terms. Hubstaff reserves all rights not expressly granted to You, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service.
Upon registering for the Service, Hubstaff gives You the right to install the Service for use by the total number of Users You identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by You by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. Hubstaff reserves the right at any time to require You to provide a list of the named individual(s).
You may not rent, lease, lend, sell, redistribute or sublease the Service. These Terms will govern any upgrades provided by Hubstaff that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.
The parties to a project at the Marketplace are Hubstaff, the Marketplace Member, and the Owner. Hubstaff is a party to a project for the following limited purposes only: (a) the provision of the Marketplace; (b) supervising payment from Owner to Marketplace Member, and commission from Owner to Hubstaff during the course of the project; and (c) resolving disputes between Users where such disputes can be resolved based on an objective determination.
Owner acknowledges and agrees that Owner’s relationship with any Marketplace Member is that of principal and independent contractor. Nothing in these Terms creates an employment relationship, agency relationship, partnership, joint venture, or any other relationship between any Owner and Marketplace Member or between Hubstaff and any User.
You are prohibited from attempting to negotiate the fee for a project with another User directly (i.e., outside of the Marketplace). This prohibition includes any project that was closed without selecting a Marketplace Member, and then contacting a Marketplace Member about the project.
You are prohibited from bidding a project in an attempt to renegotiate the actual price privately with a User, thereby avoiding fees rightfully due to Hubstaff. Hubstaff believes its commissions are fair for the service Hubstaff provides, and these types of activities detract from the effectiveness of the Service.
Installation of the Service and any required modification of the Service to accommodate Your computer system must be performed by You. All updates, upgrades, enhancements and modifications to the Service MUST be performed by Hubstaff. Such updates include any changes or improvements to the Service, whether arising out of the Service’s particular configuration for Your use or otherwise. At all times while these Terms are in effect, You shall provide Hubstaff with access to Your computer system so that Hubstaff may install all updates. Failure to allow Hubstaff to install updates or to compensate Hubstaff for the installation of updates automatically terminates all warranties for any purpose related to the Service as well as Your license to use the Service.
Provided prior notice of pricing is given to You, Hubstaff reserves the right to charge You for use of the Service on a periodic (e.g., weekly or monthly) basis or otherwise. These Terms shall begin upon Your registration for the Services and shall continue until Your use of the Service is terminated by you or by Hubstaff. You are responsible for all fees due to Hubstaff and any compensation due to any Marketplace Member prior to the termination date.
Upon the termination of these Terms, the Service and all updates may cease to properly function and all warranties, express or implied, regarding the Service shall terminate. Your rights under these terms will automatically terminate without notice from the Hubstaff if You fail to comply with any provision of these Terms. Further, Hubstaff may terminate the Service for any action taken by You that Hubstaff believes in its sole discretion is an inappropriate use of the Service even if not specifically detailed by these Terms, including, any use of the Service that is prohibited by federal, state, or local law. Any warranty regarding the Service will automatically terminate without notice if You fail to comply with any provision these Terms. The parties expressly acknowledge and agree that all provisions of these Terms that concern Copyright or other protectable interests of Hubstaff shall remain in full force and effect notwithstanding termination of any warranty or use of the Service.
The Service is proprietary to, and a valuable trade secret of Hubstaff. You acknowledge the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that You will only use such proprietary content, information, or materials for permitted uses under these Terms. The Service is entrusted to You only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith. The parties acknowledge that any violation of this provision will cause irreparable harm to Hubstaff. As a consequence, the parties agree that if You fail to abide by these Terms, Hubstaff will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing these Terms, and to judgment for damages caused by such breach, and to any other remedies provided by the Uniform Trade Secret Act and all other applicable law.
The Service may enable access to the Directory Application and the parties’ websites, as well as the websites of third parties (collectively, the "Websites"). The Websites may display, include, or make available content, data, information, applications or materials from third parties, including Your data, or provide links to additional third-party websites ("Data and Materials"). By using the Service, You acknowledge and agree that Hubstaff is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of the Websites. Hubstaff does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any data and materials on the Websites. To the extent You choose to access such Websites, You do so at Your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. Hubstaff reserves the right to change, suspend, remove, or disable access to the Websites at any time without notice. In no event will Hubstaff be liable for the removal of or disabling of access to any such Websites. Hubstaff may also impose limits on the use of or access to certain Websites, in any case and without notice or liability. You agree to use the Websites at Your sole risk and that Hubstaff shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by You on or through the Service is your sole responsibility. Hubstaff claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Services, you grant Hubstaff a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through the Service. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Hubstaff a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Hubstaff and its services.
As a condition to Your use of the Service, You agree not to use the Service to infringe the intellectual property rights of others in any way. You represent that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of the Service, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed in the Service retains any and all rights that may exist in such User Content.
Hubstaff may review and refuse to accept or remove any User Content in its sole discretion. Hubstaff reserves the right to expel Users and prevent their further access to the Hubstaff Sites and/or use of Hubstaff Services for violating these terms or applicable laws, rules or regulations. Hubstaff may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Hubstaff, damage Hubstaff’s public image or business. It is Hubstaff’s policy to terminate the accounts of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.
Any profile You submit must accurately describe You, as an individual person, or an agency or organization that you are authorized to create a profile for. Profiles derived from User Content may be made available through the Service. Hubstaff does not make any representations regarding the accuracy or validity of such derived profiles, which may differ significantly from User Content.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Service and is accessible in a way that constitutes copyright or trademark infringement, please contact Hubstaff by email at email@example.com or by regular mail at:
Attn: Copyright Legal
1650 Olio Rd #1000 - 193
Fishers, IN 46037
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. HUBSTAFF CANNOT AND DOES NOT WARRANT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AS SUCH, YOU SHALL NOT RELY EXCLUSIVELY ON THE SERVICE FOR ANY REASON. THE SERVICE AND ANYTHING RELATED THERETO ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HUBSTAFF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANYTHING RELATED THERETO, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBSTAFF OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
HUBSTAFF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTIES CAUSED BY THE SERVICE OR INFORMATION CONTAINED IN THE SERVICE. YOU WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HUBSTAFF ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE. YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HUBSTAFF AS A RESULT OF INCORRECT INFORMATION CONTENT DISPLAYED BY THE SERVICE OR CHANGES TO CONTENT MADE BY YOU. HUBSTAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SERVICE OR ANY PERFORMANCE OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF HUBSTAFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HUBSTAFF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO HUBSTAFF FOR THE SERVICE IN THE 365 DAYS IMMEDIATELY PRECEEDING THE DATE THAT HUBSTAFF RECEIVES NOTICE OF A CLAIM IN WRITING FROM YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or Hubstaff’s trade secrets to You. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than Hubstaff. These Terms are exclusive and personal to You. You shall not assign or otherwise transfer any rights or obligations under these Terms.
Hubstaff welcomes feedback or inquiries about the Service. If You elect to provide any feedback or comments of any nature to Hubstaff, all feedback and comments shall be the sole and exclusive property of Hubstaff, and Hubstaff shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you. Hubstaff is under no obligation, however, to use such feedback.
You can cancel your account at any point in time from your organization page, or by sending an email to firstname.lastname@example.org with the subject line, "Cancel". We would be glad to provide further instructions at that time on how to cancel your account if needed. There will be no refunds given except for specific situations where our support team deems it necessary.
Hubstaff may modify these Terms or any additional terms, and such modification shall be effective and binding on You upon notice by Hubstaff via email to the email account provided by You upon registration for the Service. If you do not agree to any modification of these Terms, you should discontinue your use of the Service.
Communications made through the Hubstaff’s website or any email or contact links provided thereon shall in no way be deemed to constitute legal notice to Hubstaff or any of its officers, employees, agents, or representatives, such as where notice to Hubstaff is required by contract, or any federal, state, or local laws, rules, or regulations.
You may provide notice to Hubstaff at:
Netsoft Holdings, LLC.
All Users of Hubstaff’s Service must be at least 18 years of age and older than the age of legal majority in Your jurisdiction (if it is over 18). By using the Service you promise that you are over 18 years of age and are a competent legal adult in Your jurisdiction.