PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING ITS TERMS AND CONDITIONS. If you do not agree to be bound by this Agreement, you may not log onto the InHub electronic platform application (the “Application”). We reserve the right, at our discretion, to update or revise this Agreement at any time.
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by InHub LLC (the “Company” or “us”), including the theinhub.com and the app.theinhub.com websites and the Application (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit the Site and refrain from any use of it, including the Application.
Please also consult our Privacy Policy for a description of our privacy practices and policies, including descriptions of how we collect, use and protect your data.
Binding Arbitration. These Terms of Use provide that all disputes between you and Company will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.
Company, through the Site, offers the Application to accommodate the creation, submission, collection and evaluation of requests for proposal and recurring questionnaires (collectively, “Requests”). As used in these Terms of Use: (a) entities who create Requests to solicit information from third parties are referred to as “Initiators” and (b) entities or individuals who respond to Requests are referred to as “Respondents.”
Through the Application, Initiators will create Requests to solicit information from Respondents and then designate Respondents that Company may contact to solicit responses thereto. Respondents will subsequently review the applicable Request, gather all desired information to respond thereto, and submit such information to Company via the Application for further transmission to the applicable Initiator (all such information is referred to herein as “Response Data”).
All pages within this Site, including the Application, and any material made available for access or download (excluding all Response Data) are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, whitepapers, analysis, projections, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site, including Response Data (collectively, “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise authorized or approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Company without our express written consent.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or Content on the Site or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon, including without limitation, any Response Data submitted and/or transferred in connection with the Application. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. For the avoidance of doubt, Company shall have no responsibility or liability for information or Content, including without limitation, any Response Data, that is submitted to the Site and/or transferred via the Application, by or from any non-Company affiliated third party.
Company does not and will not provide you with any legal, tax, estate planning or accounting advice. Company does not and will not provide you with any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You acknowledge that Company employees are not authorized to give any such advice and you will neither solicit nor rely on any investment advice from any Company employee. You also acknowledge that Company neither assumes responsibility for nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed through the Site, including through the Application. This includes all Response Data, bulletin boards, message boards, chat services or other online conference or telecast by third party providers through Company. If you choose to rely on such information, you do so solely at your own risk.
If you are an Initiator, Company may make information available to you about various potential Respondents that have contracted with Company to be listed on the Site. You may contract with these Respondents to manage one or more of your investments. Company will have no responsibility or liability for any advice, recommendation or trading by such Respondents. Without limiting any other provision of these Terms of Use, you understand and agree that:
You have selected your Respondent(s) based on criteria that you deem appropriate for your investment needs and will not hold Company responsible for your decision to hire the Respondent(s).
All decisions relating to your investment or trading activity shall be made solely by you or your Respondent(s).
Your Respondent(s) may be affiliated with Company.
No Respondent, whether or not it is affiliated with Company, is authorized to act or make representations on behalf of Company.
Company has no responsibility and will not participate in or review a Respondent’s trading decisions or in any way review, monitor or supervise the suitability of any Respondent.
Company will have no duty to inquire into the authority of a Respondent(s) to engage in particular transactions or investment strategies or to monitor the terms of any oral or written agreement between you and any Respondent.
You shall indemnify and hold harmless Company, its directors, employees, agents and affiliates from and against any and all losses, claims or financial obligations that may arise from any act or omission of any Respondent.
If you are a Respondent that has contracted with Company to be listed on the Site for Initiators to consider, or are otherwise contacted via the Application with respect to a Request, you acknowledge that Company does not review any action or inaction of an Initiator and is not responsible for determining whether an Initiator’s action or inaction satisfies the standard of care applicable to such Initiator. Company is not responsible for determining the validity of a person or entity's status or capacity to serve as an Initiator. You agree to indemnify and hold Company and its affiliates harmless from and against any losses, claims or financial obligations that may arise from any act or omission of an Initiator.
Access to the Application on the Site is limited requiring a user ID and password. You agree to access the Application using only your user ID and password as created by you during account registration and confirmed by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Application may be revoked by Company at any time with or without cause.
If you access the Application and/or otherwise conduct activity on the Site on behalf of any Initiator, Respondent or other third party, you represent and warrant to Company that you are duly authorized to do so on behalf of such Initiator, Respondent or other third party, as applicable.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, including the Application, or access by anyone accessing the Application using your user ID and password.
Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third- party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload or post any (a) comments, ideas, suggestions, information, files, images or other materials to us or our Site other than Response Data (collectively, “Submissions”), or (b) Response Data, you agree not to provide any Submission or Response Data that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Additionally, you agree not to contact other Site users through unsolicited email, telephone calls, mailings or any other method of communication.
Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. For the avoidance of doubt, the terms of this paragraph shall not apply to any Response Data.
Company does not regularly review Submissions but does reserve the right (but not the obligation) to monitor, edit, remove or destroy any Submissions submitted to the Site. You grant Company the right to use the name that you submit in connection with any Submissions or Response Data. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions or Response Data. You are and shall remain solely responsible for the content of any Submissions or Response Data that you submit to the Company and/or the Site. Company and its affiliates take no responsibility and assume no liability for any Submissions or Response Data submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any Submissions or Response Data that you submit to the Site, including via the Application.
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice, with all items completed, to our Copyright Agent by both mail and email:
InHub LLC 111 W. Illinois Street Chicago, IL 60654 Attn: Legal [email protected]
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When Company receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
The Counter Notice should be delivered to the following Designated Copyright Agent of Company by both mail and email:
InHub LLC 111 W. Illinois Street Chicago, IL 60654 Attn: Legal [email protected]
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY RESPONSE DATA.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD OR OTHER DATA ACCESSIBLE THROUGH THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING SERVICES OFFERED, SOLD AND DISTRIBUTED BY COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE (INCLUDING ANY INVESTMENT ADVISERS) ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST INVESTMENTS, DIMINUTION OR COMPLETE LOSS OF INVESTMENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT (INCLUDING RESPONSE DATA) OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
We will try work in good faith to resolve any issue you have with Site, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Company agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, all disputes arising out of or relating to, these Terms of Use or Privacy Policy will be resolved by binding arbitration pursuant to the FINRA Dispute Resolution process, and you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.
If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by both email and certified mail, a written Notice of your claim (“Notice”). The Notice to Company should be addressed to: InHub LLC, 111 W. Illinois Street, Chicago, IL 60654, Attn: Legal, [email protected] (“Notice Address”). If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in Cook County, Illinois. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party shall pay for its own costs and attorneys' fees, if any.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Illinois.
Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, including the Application, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.