This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by HubBub Technology, Inc., a Massachusetts corporation ("Company"), and located at www.homehubbub.com ("HomeHubBub.com"). By using HomeHubBub.com you agree to be bound by the terms and conditions of this Agreement and Company's Privacy and Security Policy, as they may be amended from time to time in the future.
1. Accepting the Terms
By using the information, tools, features and functionality located on HomeHubBub.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the HomeHubBub.com website) or you are a "Member" (which means that you have registered with HomeHubBub). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with HomeHubBub.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. Privacy and your Personal Information
For information about Company's data protection practices, please read Company's Privacy and Security Policy, which is hereby incorporated into this Agreement. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Service
The Service is a contact management, sales automation and marketing communications service that allows Members to manage their customers and build customer relationship strength on HomeHubBub.com. The Service also provides conveniences such as the ability to access third party services (e.g., purchase new sales leads, view mortgage rate information). Company does not warrant the accuracy of third party data.
4. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Service. That username and password, together with other contact information you provide form your "Registration Information." You may not misrepresent your Registration Information.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
5. Your Use of the Service
Your right to access and use HomeHubBub.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use HomeHubBub.com for lawful purposes.
Accurate records enable Company to provide the Service to you. You must provide true, accurate, current and complete information about your contacts maintained in other software applications. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of HomeHubBub.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of HomeHubBub.com or other actions that Company, in its sole discretion, may elect to take.
6. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Company through the Service, whether directly on HomeHubBub.com or through an integration to other software applications, you are licensing that content to Company to use and store the content. By submitting this content to Company, you represent that you are entitled to submit it to Company for use for this purpose, without any obligation by Company to pay any fees or other limitations.
By using the Service, you may expressly authorize Company to access your information maintained by other software applications, on your behalf as your agent. Company will submit information including usernames and passwords that you provide to log you into those software applications. You hereby authorize and permit Company to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Company a limited power of attorney, and appoint Company as your attorney-in-fact and agent, to access thses software applications, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
7. Access and Interference
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor HomeHubBub.com or any portion of HomeHubBub.com, without Company's express written consent, which may be withheld in Company's sole discretion;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search HomeHubBub.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of HomeHubBub.com or the Service; or
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of HomeHubBub.com or the Service.8. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH HOMEHUBBUB.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF HOMEHUBBUB.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON HOMEHUBBUB.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
9. Alert Email Disclaimer
You understand and agree that any alert emails provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alert emails in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert email. You also agree that Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert email; for any errors in the content of an alert email; or for any actions taken or not taken by you or any third party in reliance on an alert email.
10. Limitations on Company's Liability
COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO HOMEHUBBUB.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $300.00 (THREE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless Company and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or Company as set out below. If you want to terminate your legal agreement with Company, you may do so by closing your account for the Service.
Company may at any time, terminate its legal agreement with you:
1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
2. if Company in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the HomeHubBub.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with Company under this Agreement, shall be governed by the laws of the State of Massachusetts without regard to its conflict or choice of laws provisions. Any dispute with Company, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Massachusetts, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Company is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Company, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
* YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
* YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company's rights and that those rights or remedies will still be available to Company.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Company regarding the subject matter of the same, and supersedes all other previous agreements.
