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.
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”).
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.
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.
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 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.