THIS AGREEMENT WAS LAST UPDATED ON June 27, 2019.
This Subscriber Agreement governs your use of The HubTack Member Services Section of the HubTack website and, unless other terms and conditions expressly govern, any other electronic services from HubTack that may be made available from time to time (each, a "Service").
If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click "I DISAGREE." If you click "I DISAGREE," you will not be able to proceed with the registration process for the respective Service to become a subscriber.
Changes to Subscriber Agreement
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Subscription Services section the HubTack website. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
You can always find the current subscription fees for a Service on the pricing page. You agree to pay the subscription fees and any other charges incurred in connection with your username and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Subscription fees are nonrefundable. Pay per view fees may be refundable in accordance with our Refund Policy. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card, there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your username and password without your authorization, you must follow the procedures outlined in the Refund Policy. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Your subscription will renew automatically, unless terminated by us, or you notify us by telephone or mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
You can always find the current subscription fees for a Service in the Subscription Services section under Member Login. You agreed to pay the subscription fees and any other charges incurred in connection with your username and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We bill all charges automatically to your credit card.
Subscription fees will be billed at the beginning of your subscription or any renewal cycle. Renewals will occur on or about the same day of the month you originally subscribed. Subscription fees are nonrefundable.
You may cancel your subscription at any time with 30 days written notice by emailing HubTack at firstname.lastname@example.org Upon receipt of your email message we will reply with a confirmation of your calculation to the email address we have on file for your account. This is for your protection.
Pay per view fees maybe refundable if:
You can apply for a refund on-line by going to Member Services, Support Tickets and following the on-line instructions. If HubTack determines that that document is not readable or was filed incorrectly the charge for that document(s) will be refunded. If the document is readable and is filed correctly you will be charged for the document(s).
If you want to use a different credit card or there is a change in credit card validity or expiration date, you may update your account by going to Member Services, Profile and updating the information in your profile. Any changes you make will be effective with the next billing cycle.
If you believe someone has accessed a Service using your username and password without your authorization, you must:
Limitations on Use
All usernames are issued on a per seat basis. Subscriptions (Licenses) are granted on a user basis. You should not share your username and password with anyone. If your company needs additional users, a sub-user should be added to your account and the proper subscriptions (licenses) assigned to them.
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone. The documents you receive are for your use or the use of your firm in conducting a land survey or a proposal to conduct a land survey. The only exception on use is that copies of the documents maybe given to your client as a part of your proposal to conduct a land survey or as a part of a land survey that you conduct.
You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
Third Party Web Sites, Services and Software
We may link to, or promote, web sites or services from other companies on a Service or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HUBTACK AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE HUBTACK PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HUBTACK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE HUBTACK PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Illinois, United States of America applicable to contracts made entirely within Illinois and wholly performed in Illinois, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Illinois.