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These Terms of Service (“Terms”), together with our Privacy Policy, and all other terms and policies available and agreed to on the Services, which are incorporated herein by reference, constitute a written contract (the “Agreement”) between you and HubQ Inc. (“HubQ” or “Company”) governing your use of this website, mobile application and any related websites, applications, and platforms (collectively, “Services”). You represent that you are authorized to enter into this Agreement and, if applicable, authorized to act on behalf of and bind your business. You and Company may be referred to collectively as the “parties” or individually as a “party.”

By accessing or using the Services, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old. These Terms constitute a legally binding Agreement between HubQ and you concerning your use of the Services and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class wide, basis as outlined in Section 3 below. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. If you do not consent to this Agreement, you must immediately stop using the Services. These Terms apply to all visitors, users, and others who access or use the Services.

About the Services

The HubQ Services offer an online platform that provides its users with different features including, the ability to search for and book Travel Deals and tickets for Events. Users can also post Content about upcoming activities under the What’s New feature, post about free items, and list Offers and Deals that can be viewed and purchased by the public. Below are additional details about each of HubQ’s Services:

Travel Deals: HubQ’s Services include “Travel Deals”, which allow users to obtain information about and make bookings with third-party travel suppliers, subject to these Terms and certain fees. Third-party travel suppliers include, without limitation, the airlines, hotels, rental car companies, and other suppliers that provide travel or other services through the Services (such third parties, collectively referred to as “Suppliers”). Users understand that HubQ provides a travel marketplace and customer support services but is not a hotel, airline, rental car, or cruise company and that your travel reservation, including regarding any refunds, changes, and cancellations, is subject to the respective Supplier’s terms. Through the Travel Deals feature, you may only make legitimate reservations on behalf of yourself and others for whom you are legally authorized to act and who agree to these Terms.

 

Deals and Free offers: HubQ’s Services also provide a platform that allows individuals and businesses (“Merchant(s)”) to create and post content (“Content,” as defined in Section 6) to: (i) offer items for free (“Free Offers”), (ii) offer goods, services, or experiences directly for purchase, and (iii) provide coupons, promotional codes, and deals (collectively, “Deals”). Merchants are the sellers and issuers of the Free Offers and Deals posted through their Content and are solely responsible for the care, quality, and delivery of the goods and services provided. HubQ is not responsible for Content, Free Offers, or Deals. HubQ may review posts in its sole discretion, but it is not responsible for screening Merchant or third-party Content. The Services are provided “as is,” and your use is at your own risk. Company does not create Content for Free offers or Deals, nor does Company sell, ship, guarantee, or refund those goods or services. You are solely responsible for investigating the offers you choose to select.

Events: HubQ’s Services also allow Suppliers (like Ticketmaster and Eventbrite) to post about upcoming shows, concerts, and events and allow users to purchase tickets to these events. Users understand that HubQ provides platform but is not a Supplier. Your purchase of tickets for events, including regarding any refunds, changes, and cancellations, is subject to the respective Supplier’s terms. Through the Events feature, you may only make legitimate reservations on behalf of yourself and others for whom you are legally authorized to act and who agree to these Terms.

 

What’s New: HubQ allows its users to post Content about “What’s New.” The What’s New section will show you offers, news, and other sponsored Content to help you discover content, products, and services being offered that are of interest to you.

 

For your convenience, we have split our Terms into difference sections to address each service separately. Please review the section applicable to your use(s) of your Services:

1. General Terms: Applicable to all types of users.

 

2. Travel: Terms that apply to individuals or businesses using the website or Services to book travel accommodations.

 

3. Free Offers and Deals: Terms that apply to individuals or businesses using the Services to either purchase or post Content about Deals or Free Offers.

 

4. Events: Terms that apply to individuals or businesses using the Services to either purchase or post Content about events.

 

5. What’s New: Terms that apply to individuals or businesses using the website to post What’s New Content.

 

GENERAL TERMS FOR ALL USERS

1. Privacy Policy

We take your privacy very seriously; as such, our Privacy Policy is an important part of this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide the Services.

2. Qualifications

You must be at least eighteen (18) years old to create an account or use the Services. This restriction applies to all users.

3. Dispute Resolution.

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.

Informal Resolution: We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using our contact information outlined below.

Arbitration: You and HubQ agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. “Claim(s)” means any dispute between the parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Services, or HubQ. There is no judge or jury in arbitration. If you and HubQ cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act and related federal law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and HubQ agree to arbitrate all Claims on an individual basis using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and HubQ agree otherwise in writing, the final arbitration hearing shall take place at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration proceedings conducted by video conference. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator’s award. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Payment of Fees: If you initiate arbitration against HubQ, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If HubQ initiates arbitration against you, HubQ shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and HubQ will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute.

Class Action Waiver: THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND HUBQ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.

Governing Law and Location: Subject to the above provisions regarding the Federal Arbitration Act and the below, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of New York, and shall be exclusively governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to New York, New York. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

Dispute Resolution for International Users: If you are an international user, any Claim(s) arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of the city and country in which you reside. You and HubQ both agree to submit to the non-exclusive jurisdiction of the city and country in which you reside. “Non-exclusive jurisdiction" means that if you were able to bring a Claim arising from or in connection with this Agreement, an acceptable location would be where you reside, if and as allowed by applicable laws.

Construction: These provisions are expressly severable and subject to applicable laws. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. This arbitration agreement shall survive termination.

4. Your Use of the Services

License to Use the Services: Subject to your compliance with this Agreement, HubQ grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Services. The license allows you to use the Services in the manner intended by HubQ, but does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without our prior express written consent. All rights not expressly granted in this Agreement are reserved by HubQ.

5. User Accounts, Payments, and Partners.

Accounts: If you are an individual consumer or an advertising business using the Services, you will be required to create an account providing accurate and complete information to access parts of the Services. An individual account is only for buying products or services, purchasing tickets to events, booking reservations, and accessing information about launches of new products and services. Merchant accounts are used to sell your products/services, create events, and list free products or services, among other things. You may only use the Services if you are legally authorized to enter into and agree to this Agreement. Any use of the Services by anyone under the age of 18 is not allowed. You may share, delete, and restrict the privacy settings of your account as outlined within the Services. You may only use the Services and your account in compliance with this Agreement and all applicable laws, and you are responsible for any activity that occurs in your account. You may not create more than one account, or transfer or assign your account, unless you have our prior written permission. You are responsible for maintaining the confidentiality of and for restricting access to your account. If you suspect any suspicious or unlawful activity, you should immediately notify us. You acknowledge that HubQ is not responsible for third-party access to your account that results from theft or misappropriation of your account.

Payments by Individuals: Individuals may use the Services to post Content (as defined in Section 6), make travel reservations, and make purchases through the Services, the latter of which may involve fees to HubQ and/or to the third party making the offer. For fees on specific features of the Services, see below.

Payments by Merchants: Merchants, third-party sellers, vendors, and Suppliers (defined below), may use the Services to sell goods and services on the Services and agree to pay all related fees, pursuant to separate billing and payment terms as well as our separate Advertising Policies, which are incorporated by reference for any Merchant using the Services. The amount of fees, which may include commissions, depends on the category sold. Generally, posting a “Free” offer is free. Unpaid fees are subject to a charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is lower, plus all expenses of collection, including attorney’s fees and costs.

Fee Processing and Disputes: You agree to pay all fees, taxes, and other amounts due for any purchase(s), and you authorize collection of your related information, and transfer of the same for payment processing, for your purchase(s) through the Services; for example, HubQ processes payments through third-party integration through Stripe, and you authorize use of the same for your purchase(s). It shall be a material breach of this Agreement if you fail to timely pay all due fees. Such failure of payment may result in suspension or termination of your Content or account, in HubQ’s sole discretion. To the fullest extent permitted by law, if you dispute any issue(s) relating to fees, you must promptly notify HubQ in writing of the dispute and submit any evidence supporting your position within 30 days after the dispute arose by emailing Company at privacy@hubq.com and you waive all claims related to fees not so disputed.

Partners: If you are a Company Partner, a separate agreement will supersede this Agreement where the terms expressly conflict or as otherwise outlined in such separate agreement.

6. User Content and DMCA Policy.

Content: You agree that any information, content, text, links, graphics, photos, audio, videos, data, or other materials or arrangements of materials uploaded, downloaded, shared, displayed, or provided by you in connection with the Services, including your comments, posts, free offers, deals, communications, name, username, likeness, personal characteristics, image, voice, and profile picture (collectively, “Content”) are provided subject to this Agreement. You agree that such Content will be, as applicable, truthful, substantiated, lawful, and non-misleading and will not contain material that infringes on another’s copyright, trademark, or other proprietary rights. Company may access, review, screen, edit, suspend, pause, and delete your Content and your account at any time and for any reason, including to provide and develop the Services, to investigate any suspected violation of this Agreement or applicable laws, and to comply with applicable laws; however, Company has no obligation or duty to do so. You alone remain responsible for your Content and for ensuring that your Content fully complies with all applicable laws. You should carefully consider what Content to post or provide; once Content is public or has been distributed to third parties, you may not be able to control its disclosure, even if you delete an original post. Any use or reliance on any Content or materials posted via or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content on the Services or endorse any opinions expressed on the Services. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control your Content or others’ Content posted via the Services, and we cannot take responsibility for such Content. Under Section 230 of the Communications Decency Act, we have complete immunity for user or third-party statements.

License: While you retain your rights to your Content, by using the Services, you grant Company a worldwide, royalty-free, sublicensable, assignable, revocable (to the extent not published), and transferable license to host, store, use, display, run, modify, adapt, edit, publish, translate, and distribute your Content, as well as a perpetual license to exhibit, broadcast, syndicate, publicly perform, and publicly display Content in any form and in any and all media or distribution methods (now known or later developed), in connection with the Services, including for marketing purposes. You agree that your sole consideration for this license is your ability to use the Services as intended. You represent and warrant that you have all rights, interest, ownership, power, and authority necessary to grant the rights and license granted in this Agreement for your Content.

DMCA Policy: Pursuant to the Digital Millennium Copyright Act ("DMCA"), if you believe content on the Services violates your copyright(s), you may submit a "Notice” to our Copyright Agent with the subject line “DMCA Notice”:

Copyright Agent

24-47 44 street
Astoria, NY 11103
Office 2
Tel 347-286-9291

 

Your Notice must contain:

 

(a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;

(b) an identification of the copyright claimed to have been infringed;

(c) a description of the nature and location of the material that you claim infringes on your copyright, in sufficient detail to permit us to find and identify that material;

(d) your name, address, telephone number, and email address; and

(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent, and (ii) under penalty of perjury, that all of the information contained in your Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

 

We will respond to compliant Notices, including as appropriate, by removing or disabling links to the offending material. If we take action, we will make a good faith attempt to contact the party who made the content available at the party’s most recent email address. Under the DMCA, you may be liable for damages based on material misrepresentations in your Notice. You should also make a good-faith evaluation regarding fair use. If you are unsure about a Notice, you should first contact an attorney. We are not an attorney and cannot provide you with legal advice.

If you have a good faith belief that we removed your content in error, you may submit a “Counter Notice” to us with the following information:

(a) your name, address, and phone number;

(b) any ID found at the bottom of any notification;

(c) the location of the content we removed;

(d) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;

(e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the applicable parties may be found, and that you will accept service of process from the person who provided the original complaint; and

(f) a physical or electronic signature.

 

If we receive notice that a user has repeatedly infringed copyrights, we may suspend and/or terminate the user’s account or take any other action in our discretion under our repeat infringer policy. We reserve all rights to terminate or suspend any user for violation of our Terms.

7. Prohibited Conduct.

By using the Services, you agree to not violate any terms of this Agreement or any applicable laws. You are solely responsible for your use of the Services, your account, and your Content. You further agree to not do, attempt to do, or assist another in doing the items prohibited by this Section. Company reserves the right to refuse or cancel services, suspend or terminate accounts, or remove or edit any content in Company’s sole discretion.

HubQ is intended to be a safe and welcoming community free from discrimination. When using the Services, you agree to not demean, degrade, discriminate, or show or incite hatred against any individual or user, including, without limitation, on the basis of a protected class.

In addition, without limitation, you will not use the Services in a manner that:

• violates any applicable laws or regulations;

• violates or infringes our or another’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;

• bullies, harasses, or intimidates; defames;

• spams users without express consent; use another’s account;

• posts any material that contains pornography, graphic violence, threats, hate speech, or incitements to violence;

• uploads viruses or other malicious code or otherwise compromise the security of the Services; attempt to circumvent any content-filtering techniques;

• probes, scans, or tests the vulnerability of our Services or any related system or network;

• encourages or promotes any activity that violates this Agreement or any applicable laws;

• could disable, overburden, damage, or impair the Services;

• uses any robot, spider, scraper, or automatic device to access the Services or user data for any reason without our prior express consent;

• uses the Services for any commercial purpose without our prior express consent;

• introduces any virus or other malware to any Company website, application, or related servers;

• makes any false, illegitimate, misleading reservation or purchase;

• makes any reservation or purchase on behalf of another for whom you are not legally authorized to act or fails to inform persons about applicable reservations and these Terms;

• imposes an unreasonable or disproportionately large load on our infrastructure;

• gains access to any aspect of the Services that you are not authorized to access;

• attempts to or actually does copy, modify, distribute, sell, assign, or lease any part of our Services, or reverse engineer or attempt to extract the source code relating to the Services, without our prior express consent;

• constitutes or furthers any resale or sublicense the Services;

• engages in any conduct that restricts or inhibits the use of the Services by any other person, or which, as determined by Company, may harm Company or third parties or expose them to liability.

You agree to comply with all terms and policies relating to authorized and prohibited conduct on the Services. You further agree to not post or transmit any “Objectionable Content” on or using the Services, including any Content or information that:

• is libelous, defamatory, abusive, threatening, excessively violent, harassing, discriminatory, obscene, lewd, lascivious, filthy, or pornographic;

• constitutes child pornography or violation of child rights;

• solicits personal information from or exploits in a sexual or violent manner anyone under the age of 18;

• incites, encourages, or threatens physical harm or violence against another;

• promotes or glorifies racial intolerance, uses hateful and/or racist terms, or signifies hate toward any person or group of people;

• glamorizes the use of illegal substances and/or drugs;

• advertises or otherwise solicits funds or constitute a solicitation for goods or services, except in the appropriate features of the Services, such as the “Deals” tab;

• violates any provision of this Agreement or any other HubQ agreement or policy;

• discloses another's personal, confidential, or proprietary information;

• is false or fraudulent;

• contains images or videos of individuals captured or posted without their consent;

• is political;

• promotes self-destructive behavior (including without limitation eating disorders or suicide); or

• is generally offensive, divisive, rude, mean-spirited, or in bad taste, as determined by HubQ in its sole discretion

(collectively, "Objectionable Content"). HubQ disclaims any perceived, implied, or actual duty to monitor content made available through the Services, and specifically disclaims any responsibility or liability for information provided on the Services. Without limiting any of its other remedies, HubQ reserves the right to terminate your use of the Services or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. HubQ, in its sole discretion, may delete any Objectionable Content from its servers. HubQ intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

HubQ may suspect or delete accounts, cancel any reservations, purchases, or bookings if there are signs of fraud, abuse, suspicious activity, or violation of these Terms or any applicable law, without limiting any rights to pursue legal action. To contest any action by HubQ, please contact us as outlined herein.

8. Intellectual Property and Limited License.

HubQ (or its licensors, partners, providers, or suppliers) owns all right, title, and interest in and to the Services, including the infrastructure and all related technology and intellectual property and proprietary content, including all related software, copyrights, and trademarks, including HUBQ and THE APP THAT MATTERS. All content included as part of the Services, such as text, graphics, logos, audio, video, images, content, software, and materials, as well as the compilation thereof, is the property of HubQ (or its licensors, partners, providers, or suppliers), subject to third-party and user Content. Company reserves all rights in its intellectual property and proprietary content. You agree to abide by all copyright and other proprietary notices, legends, or other restrictions and to not make any changes thereto. Subject to your full compliance with this Agreement and all applicable laws, HubQ grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services as intended and solely in compliance with the Agreement. For example, you may make limited copies of your travel or event itinerary or purchase receipt for purchases made through the Services. You shall not otherwise copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services. HubQ reserves all rights and does not grant you any licenses, express or implied, except as expressly authorized by this Agreement. HubQ claims no other ownership, affiliation with, or endorsement of any photos, videos, or text submitted by end providers.

9. Disclaimers of Warranties.