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http://www.HutHub.com
ACCEPTANCE OF TERMS
Huthub,
Inc. ("Huthub") welcomes you. Huthub provides its web site contents
and services ("Services") to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time by
making changes to this document. You can review the most current
version of the
TOS at any time at: http://www.HutHub.com/TOS.html. In
addition,
when using particular Huthub, Inc. owned or operated services, you and
Huthub,
Inc. shall be subject to any posted guidelines or rules applicable to
such
services, which may be posted from time to time. All such guidelines or
rules
(including our Spam Policy, Privacy Policy and Refund Policy) are
hereby
incorporated by reference into the TOS. By visiting the HutHub.com web
domain
and using the services provided at the site in any way, you are
agreeing to
comply with these Terms of Service.
DESCRIPTION OF SERVICE
The web site at
http://www.HutHub.com. is owned by
Huthub, Inc. which is a real estate
listings and social networking
service. Use of the web site is not a replacement for a qualified real
estate
agent or an attorney. The information and recommendations contained at
http://www.HutHub.com are of a general
nature and may not necessarily apply to
your particular situation.
Huthub, Inc. reserves sole
discretion in revising terms and conditions of the Huthub, Inc. web
site from
time to time by updating this page.
By continuing to access this
web site, you represent and warrant that you have the right, authority,
and
capacity to enter into this agreement and to abide by all of the terms
and
conditions of this agreement.
Huthub, Inc. can help you
become a more informed buyer or seller of real estate, but only your
attorney
can give you legal advice. Do not ignore, disobey, or delay seeking
legal
advice because of something you read on this web site. We highly
recommend that
you develop a trusting and long-lasting relationship with your
attorney; your
well-being will greatly benefit from this partnership.
No portions of Huthub.com may
be reproduced in any fashion or otherwise utilized without express
written
permission by Huthub, Inc. Site design and design elements
(arrangement,
layout, graphics, slogan, buttons and menus, logos), as well as
informational
components, including but not limited to
(text/video/audio/animation/illustration/photographic/diagrammatic) are
included in the definition of "material". All material on Huthub.com
is copyrighted material.
All product names and products
mentioned herein or linked from this web site are trademarks of the
respective
trademarks holders.
Any text, images or video
submitted to Huthub.com by any means becomes our property (perpetual,
sub-licensable, non-exclusive, all media rights, not time limited), and
can be
used without remuneration, and in any fashion, by Huthub, Inc. or its
agents.
Any email correspondence with Huthub, Inc. is general information
correspondence, and does not constitute legal advice.
You
agree to NOT use the Service to:
- upload,
post, email, transmit or otherwise make available any content that is
unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- post,
email, or otherwise make available Content that violates the Fair
Housing Act
by stating, in any notice or ad for the sale or rental of any dwelling,
a discriminatory
preference based on race,
color, national origin, religion, sex, familial status or handicap (or
violates
any state or local law prohibiting discrimination on the basis of these
or
other characteristics);
- post
non-local or otherwise irrelevant Content, repeatedly post the same or
similar
Content or otherwise impose an unreasonable or disproportionately large
load on
our infrastructure
- impersonate
any person or entity, including, but not limited to, a Huthub, Inc.
official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your
affiliation with a person or entity;
- forge
headers or otherwise manipulate identifiers in order to disguise the
origin of
any content transmitted through the Service;
- upload,
post, email, transmit or otherwise make available any content that you
do not
have a right to make available under any law or under contractual or
fiduciary
relationships;
- upload,
post, email, transmit or otherwise make available any content that
infringes
any patent, trademark, trade secret, copyright or other proprietary
rights
("Rights") of any party;
- upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas that are
designated for
such purpose (please read our complete
<http://www.huthub.com/****">Spam
Policy</a>);
- upload,
post, email, transmit 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;
- interfere
with or disrupt the Service or servers or networks connected to or
providing
the Service, or disobey any requirements, procedures, policies or
regulations
of networks connected to or providing the Service;
- provide
material support or resources (or to conceal or disguise the nature,
location,
source, or ownership of material support or resources) to any
organization(s)
designated by the United States government as a foreign terrorist
organization
pursuant to section 219 of the Immigration and Nationality Act;
- "stalk"
or otherwise harass another; and/or
- collect
or store personal data about other users in connection with the
prohibited
conduct and activities set forth above.
You
acknowledge that Huthub, Inc. may or may not pre-screen content, but
that
Huthub, Inc. and its designees shall have the right (but not the
obligation) in
their sole discretion to pre-screen, refuse, or remove any content that
is
available via the Service. Without limiting the foregoing, Huthub, Inc.
and its
designees shall have the right to remove any content that violates the
TOS or
is otherwise objectionable or for no reason at all. You agree that you
must
evaluate, and bear all risks associated with, the use of any content,
including
any reliance on the accuracy, completeness, or usefulness of such
content. In
this regard, you acknowledge that you may not rely on any content
created by
Huthub, Inc. or submitted to Huthub, Inc.
You
understand that the technical processing and transmission of the
Service,
including your content, may involve (a) transmissions over various
networks;
and (b) changes to conform and adapt to technical requirements of
connecting
networks or devices.
You
understand that the Service and software embodied within the Service
may
include security components that permit digital materials to be
protected, and
that use of these materials is subject to usage rules set by other
content
providers who provide content to the Service. You may not attempt to
override
or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in
part, is
strictly prohibited.
Huthub, Inc., its agents,
writers, editors, or other associates of Huthub, Inc. are not
responsible for
any damages arising from the use of this web site, or inability to use
this web
site. The "web site" includes web site links, the materials available
at http://www.Huthub.com,
or communications available on the web site.
Huthub, Inc. grants you a
non-exclusive, non-transferable, limited right to access, use and
display the
materials and services available on this web site ("Materials"). You may create a hyperlink
to the home page of craigslist sites so long as the link does not
portray
HutHub, its employees, or its affiliates in a false, misleading,
derogatory, or
otherwise offensive matter. In exchange,
you agree that Huthub, Inc. has only limited liability for damages you
may
incur as a result of visiting or linking to Huthub's web site. You may
use the
Materials only in accordance with the terms and conditions set forth
herein,
only on one computer at a time and you may make only a single copy of
such
Materials for your personal use and enjoyment. You may not remove any
proprietary notices from the Materials at any time. You may make no use
of
Materials not expressly authorized herein or by prior express written
authorization from Huthub, Inc. Prohibited uses include, without
limitation:
(1) permitting other individuals to directly or indirectly use the
Materials;
(2) making copies or creating derivative works based on the Materials;
(3)
renting, leasing, or transferring any rights in the Materials; (4) use
of
Materials in any advertising in any medium; (5) public display,
performance or
sale of the Materials; and (6) removing any proprietary notices or
labels on
the Materials. Users
are prohibited from using the account, username, or password of another
user at
any time or disclosing a password to any third party or permitting any
third
party to access a user account.
This license does not grant
you any rights to any software enhancements or updates of any kind. All
Materials included at this web site are for the private use by visitors
only.
No other uses are intended by Huthub, Inc. and any other use is
strictly
prohibited. You promise that you will not engage in any prohibited
uses.
You agree to indemnify and
hold Huthub, Inc., its agents, partners and employees harmless from any
loss,
liability, claim, or demand, including reasonable attorneys' fees, made
by any
third party due to or arising out of your use of the service in
violation of
this Agreement and/or arising from a breach of these Terms of Service
and/or
any breach of your representations and/or warranties.
You agree that Huthub, Inc.
does not have any liability for any delays, omissions, inaccuracies or
failures
relating to products or services not directly provided by Huthub, Inc.
and that
access and use of this web site and the content thereof is at your own
risk and
that you will be solely responsible for information transmitted,
whether by
email or through this web site. Neither Huthub, Inc. nor any other
party
involved in providing this web site to the Internet community shall be
liable
for any direct, incidental, consequential, indirect or punitive damages
or
damages of any kind arising out of any access, use or inability to use
this web
site, or any errors or omissions in the content found therein, whether
alone,
or with or under the authority of, any other person, including, without
limitation, any governmental agency or agencies.
In jurisdictions that do not
allow the exclusion or limitation of incidental or consequential
damages,
Huthub's total liability to any one user for all damages, losses, or
causes of
action shall not exceed $100.00. You agree to indemnify and hold
harmless
Huthub, Inc., its owners and any agents from and against any and all
liability
and costs incurred in connection with any claim arising out of any
breach by
you, including, without limitation, loss of revenue, loss of property,
fines,
and/or attorneys' fees and costs, including, without limitation,
damages
resulting from government prosecution, seizure, forfeiture, and/or
injunction.
Huthub, Inc. is not responsible for any damages, including damages that
result
from, but are not limited to, negligence.
Neither Huthub, Inc. nor any
of its online service providers shall have any liability for the
actions of
users of Huthub, Inc., or for the contents of any user comments, or for
assertions or omissions therein. Neither Huthub, Inc. nor any of its
online
service providers shall have any liability for any third-party claims
or losses
of any nature, including, but not limited to, lost profits, punitive or
consequential damages even if Huthub, Inc. has been advised for such
damages.
Huthub, Inc. will use
reasonable efforts to include only accurate and up-to-date information
on this
web site, but it makes no warranties or representations about accuracy.
Neither
Huthub, Inc. nor any of its agents makes any warranties, express or
implied,
about results obtained from use of any information found on this web
site.
DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS
IS" AND "AS AVAILABLE" BASIS. HUTHUB INC. AND ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
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.
HUTHUB,
INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS
MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II)
THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE
RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE;
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS;
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
HUTHUB,
INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY
STATED IN THE TOS.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT HUTHUB, INC. AND ITS AFFILIATES,
OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF Huthub, Inc. HAS BEEN ADVISED OF
THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER
MATTER RELATING TO THE SERVICE.
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Huthub,
Inc. respects the intellectual property of others, and we ask our users
to do
the same. Huthub, Inc. may, in appropriate circumstances and at its
discretion,
disable and/or terminate the accounts of users who may be repeat
infringers. If
you believe that your work has been copied in a way that constitutes
copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide HutHub's Copyright Agent the following
information:
1. an
electronic or physical signature of the person authorized to act on
behalf of
the owner of the copyright or other intellectual property interest;
2. a
description of the copyrighted work or other intellectual property that
you
claim has been infringed;
3. a
description of where the material that you claim is infringing is
located on
the site;
4. your
address, telephone number, and email address;
5. a
statement by you that you have a good faith belief that the disputed
use is not
authorized by the copyright owner, its agent, or the law;
6. a
statement by you, made under penalty of perjury, that the above
information in
your notice is accurate and that you are the copyright or intellectual
property
owner or authorized to act on the copyright or intellectual property
owner's
behalf.
Huthub's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
Copyright
Agent
c/o Huthub, Inc.
407 California Ave.
Suite 7
Palo Alto, California
By phone: (650) 566-8500
By fax: (650) 618-8687
By email: huthubinc@computercounsel.com
You acknowledge and agree
that all Materials contained at this web site are proprietary and
constitute
valuable intellectual property. You acknowledge and agree that as such,
you may
only access, view, download, receive and otherwise use the Materials
available
at this web site only as authorized by Huthub, Inc.
GENERAL
TERMS
Interpretation
and
enforcement of this agreement shall be governed by the laws of the
state of California. The application of the United
Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
You
consent to personal jurisdiction in the federal and state courts of Santa Clara County, California, for any action arising out of or
relating to your
use of this web site. In any such action, the prevailing party shall be
entitled to recover all legal expenses incurred in connection with the
action,
including, but not limited to, its costs, both taxable and non-taxable,
and
reasonable attorneys' fees.
In the event any portion of
this agreement is held unenforceable, the unenforceable portion shall
be
construed in accordance with applicable law as nearly as possible to
reflect
the original intentions of the parties, and the remainder of the
provisions
shall remain in full force and effect.
INTERSTATE
NATURE OF COMMUNICATIONS ON
HUTHUB, INC. NETWORK
When
you register with Huthub, Inc., you acknowledge that in using Huthub,
Inc.
services to send electronic communications (including but not limited
to email,
search queries, sending messages, uploading photos and files to the web
site,
and other Internet activities), you will be causing communications to
be sent
through Huthub, Inc.'s computer networks, which are located in
California and
other locations in the United States. As a result, and also as a result
of
Huthub, Inc. network architecture and business practices and the nature
of
electronic communications, even communications that seem to be
intrastate in nature
can result in the transmission of interstate communications regardless
of where
you are physically located at the time of transmission. Accordingly, by
agreeing to this Terms of Service, you acknowledge that use of the
service
results in interstate data transmissions.
You must use this web site in
a manner consistent with any and all applicable laws and regulations.
Submitted photos, data
graphics and other contents become the property of Huthub, Inc.
Huthub, Inc. is not
responsible for photos or images intercepted over the Internet.
Photos are subject to review
by Huthub, Inc. Huthub, Inc. reserves to reject any photo and/or image
for any
reason or no reason whatsoever.
Huthub, Inc. reserves the
right to refuse service to anyone.
You agree that you will not
use any robot, spider, other automatic device, or manual process to
monitor or
copy web pages or the content contained therein without prior express
written
permission. You agree that you will not use any device, software or
routine to
bypass or to interfere or attempt to interfere with the proper working
of the
web site. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our computer system
infrastructure.
By submitting information, you
grant Huthub, Inc. a nonexclusive, royalty-free, perpetual,
irrevocable, and
fully sub-licensable right to reproduce, use, modify, publish, adapt,
translate, create derivative works from, distribute, and display such
content
throughout the world in any media. By submitting information you also
represent
and warrant that that the content is accurate; you own or have
permission to
use the content that you submit; and that use of the content will not
cause
injury to any person or entity. You agree to indemnify and hold
harmless
Huthub, Inc. and all its agents for any liability arising from your
submitted
information.
You specifically agree that
you will not (1) upload, post, email, transmit or otherwise make
available any
materials that you do not have a right to make available under any law
or where
prohibited under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as
part of employment relationships or under nondisclosure agreements);
(2)
upload, post, email, transmit or otherwise make available any materials
that
infringe any patent, trademark, trade secret, copyright or other
proprietary
rights of any party; (3) upload, post, email, transmit or otherwise
make
available any unsolicited or unauthorized advertising, promotional
materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation; or (4) upload,
post, email, transmit or otherwise make available any materials that
contain
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, with liquidated damages of
One
Hundred Thousand Dollars ($100,000.00) for violation of this paragraph
of the
agreement.
You agree that any
unsolicited communication or material transmitted to Huthub, Inc. via
Internet
email is not confidential and that your unsolicited communications may
be read
or intercepted by others. Unsolicited communication or material sent to
Huthub,
Inc., its owners or agents may be used in any manner it sees fit,
whether
posting, publication, reproduction, broadcast or submission to proper
legal
authorities.
"HutHub" and
"National Real Estate Network" are trademarks of Huthub, Inc. and may
be used publicly only with express written permission. Other trademarks
and
service marks featured on the web site are displayed pursuant to
licenses
obtained from the owners and/or holders of those trademarks and service
marks,
and may not be used publicly without the express written consent of the
owners
and/or holders of such trademarks and service marks.
Materials on this web site
are protected by copyright and are protected under treaty provisions
and
worldwide copyright laws. Materials contained in any part of this web
site may
not be reproduced, copied, edited, published, transmitted or uploaded
in any
way without the written permission of Huthub, Inc. or other appropriate
copyright owner. Except as expressly stated in the copyright notice,
Huthub,
Inc. does not grant any express or implied right for any of its
trademarks,
service marks, copyrights or other proprietary information.
Huthub, Inc. reserves the
right to terminate access to the materials for any reason or no reason.
If
Huthub, Inc. terminates this agreement for your breach or violation of
any
provision of this Terms of Service agreement, you agree to immediately
destroy
any information or materials you have downloaded, printed or otherwise
copied from
the web site. Huthub, Inc. reserves all other rights coincident or
related to
this web site.
Huthub, Inc. is not
responsible for the content on the Internet or World Wide Web pages
that are
outside the web site at http://www.Huthub.com. As a convenience
to visitors, we
may provide links to resources that are beyond our control. We make no
representations as to the quality, suitability, functionality or
legality of
any sites to which we may provide links, and you hereby waive any claim
you
might have against Huthub, Inc. with respect to such sites.
Notices by Huthub, Inc. to
customers shall be given by means of electronic messages or by a
general
posting on Huthub, Inc. Notices by customers to Huthub, Inc. shall be
given by
electronic messages unless otherwise specified in the agreement. All
questions,
complaints, or notices to Huthub, Inc. by means of electronic message
must be submitted to our Support
Ticket Desk at: http://www.HutHub.com/contactus.***
Your correspondence or
business dealings with, or participation in promotions of, advertisers
found on
or through Huthub, Inc., including payment and delivery of related
goods or
services, and any other terms, conditions, warranties or
representations
associated with such dealings, are solely between you and such
advertiser. You
agree that Huthub, Inc. shall not be responsible or liable for any loss
or
damage of any sort incurred as the result of any such dealings or as
the result
of the presence of such advertisers on Huthub, Inc.
This agreement represents the
entire agreement between you and Huthub, Inc. and supersedes any and
all other
communications, prior, contemporaneous or subsequent, and any course of
performance or course of dealing, except as modified by revision of
this page,
or in writing signed by an authorized agent of Huthub, Inc.
**The Privacy
Policy, Copyright Notice, Anti-Spam
Policy, and Refund Policy are
herein incorporated by reference.**
Contact Address:
Huthub, Inc.
2061 Morro Dr.
Pittsburg, CA 94565
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continue to browse the website only if you
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