Terms of Service
Last Modified: March 29, 2011
InvestorsHub.com, Inc. ("iHub” or “we”), and its employees assume no responsibility
for the accuracy, completeness, objectivity, or usefulness of the information presented
on our Site (as defined below). We do not endorse any recommendation or opinion
made by any member, nor do we advocate the purchase or sale of any security or investment.
You are responsible for your own investment decisions.
1. User's Acknowledgment and Acceptance of Terms
iHub provides the
site, application(s) and related services (together referred to as this “Website”
or the "Site") subject to your agreement to, and compliance with, all the terms
and conditions contained or referenced in these Terms of Service, including our
and the iHub
User and Moderator Handbook, which are fully incorporated herein (collectively
referred to herein as the “Terms"). (Through-out our Site, these Terms also may
In addition, all delayed and realtime financial and market data content provided
via the Site is further subject to the terms and conditions as set forth in the
Terms & Conditions. Market data is delayed by at least 15 minutes unless
otherwise stated. Additionally, when using the services or materials on this Site,
users will be subject to all posted guidelines or rules which may contain additional
terms or conditions. All such guidelines or rules are also hereby incorporated by
reference into these Terms.
BY REGISTERING ON, VIEWING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE
TERMS AND THE VARIOUS TERMS AND CONDITIONS GOVERNING THE USE OF OUR WEBSITE. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE NOW. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR
OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR
THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE
WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF
OR ACCESS TO THIS SITE.
We reserve the right to modify or amend these Terms from time to time without notice
to you. Any modifications or amendments of the Terms shall be effective immediately
upon posting on the Website. You acknowledge and agree that it is your responsibility
to review these Terms each time you log on to check for any modifications. Your
continued use of this Site after such modifications will constitute your acknowledgement
of the modified Terms and your express agreement to abide and be bound by them.
You can determine when these Terms were most recently modified by reviewing the
“last modified” date at the top of this document. As noted above, regardless of
the method by which you are notified or put on notice of any modifications to these
Terms, your continued use of the Website following such modifications constitutes
an affirmative: (a) acknowledgment by you of the applicability to you of these Terms
and any such modifications: and (b) agreement by you to abide and be bound by these
Terms, including such modifications.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, contractors,
employees, and advertisers, and includes (without limitation) all parties involved
in creating, producing, managing, administering and/or delivering this Site and/or
its contents on behalf of iHub. The term “Affiliates” does not include site users
For purposes of these Terms, "Content" is defined as any information, data, communications,
software, photos, video, graphics, music, sounds, and any other material and Services
that can be viewed or accessed by users on our Site. This includes, but is in no
way limited to, message boards, chat, and other original content.
2. Description of Services
Using Information on iHub
- iHub provides users an area to discuss financial-related information, views, opinions,
and the recommendations of individuals and organizations.
- You are completely responsible for your own investment decisions and who and what
you believe on the boards. The boards are designed to help you gain the information
edge you need to help you make your own decisions. You are responsible for properly
analyzing and verifying any information you choose to rely upon.
- Members should be aware that other members may not be who they say they are. We
strive very hard to make sure members post under only one user account, but there
is no guarantee our efforts will always be successful. iHub does not perform a background
check on any of the member profiles. We do not guarantee that members' profiles
contain accurate information. Members should also be aware that other members may
use iHub for personal gain. Therefore, everyone should approach messages with appropriate
skepticism and objectivity.
- Messages posted by individuals may be misleading, deceptive, or in error. If you
disagree with a posting, feel free to voice your opinion. It is the policy of iHub
to allow our members to freely discuss issues in a free and open manner, and we
will not take sides in disagreements or disputes based on investment sentiment or
other subjective criteria.
- iHub is largely a self-policing discussion site, which means that our site administrators
(“Site Admins”) will review communications received from members regarding violations
of the Site policies. Upon receipt of such communications, the Site Admins can and
will take such action as they deem appropriate (at their sole discretion), including,
but not limited to the removal of post(s) and the suspension or termination of account(s).
- If you believe a message has been intentionally posted in violation of securities
laws you should contact the Securities and Exchange Commission (SEC). The SEC's
contact information for such matters can be found at http://sec.gov/complaint.shtml.
- You should be aware of the possible risks of on-line investing and market analysis.
The SEC publishes information on cyber fraud. The Financial Industry Regulatory
Authority (FINRA), provides analysis on how to invest carefully in the electronic
world. The North American Securities Administrators Association (NASAA) provides
tips on how to avoid online investment schemes aimed at taking advantage of unsuspecting
investors. Their websites are instructive and can be found at:
We make various services and Content (as defined above) available on this Site including,
but not limited to, the provision of a forum for the discussion of various topics,
including without limitation, investments, real time market information, politics,
and other topics (collectively “the Services”). Fees for certain Services (also
referred to as “Premium Services”) are described elsewhere in this Site. We reserve
the sole right to either modify or discontinue the Site, including any features
therein, at any time with or without notice to you. We shall not be liable to you
or any third party should we exercise such right. Modifications may also include,
but are not limited to, changes in the pricing structure, the addition or deletion
of Premium Services, or changes to allowances and limitations. Without limiting
the generality of the foregoing, any new features that augment or enhance the then-current
Services on this Site shall also be subject to these Terms.
You understand and agree that temporary interruptions of the Services available
through this Site may occur as normal events. You further understand and agree that
we have no control over third party networks you may access in the course of your
use of this Site, and therefore, delays and disruption of other network transmissions
are completely beyond our control.
You understand and agree that the Content and Services available on this Site are
provided "AS IS" and that we assume no responsibility for the accuracy, relevance,
timeliness, deletion, misdelivery or failure to store any Content, posts, images,
communications or personalized settings.
Moderators. This Site utilizes the services of volunteer moderators for the
individual forums. We are able to keep your membership fees low due in part to the
use of such volunteers. These moderators are not employees or agents of iHub, and
their actions and opinions are not ours. If you serve as a moderator, you agree
to be bound by these Terms, including the terms of the iHub User and Moderator Handbook for the Website.
Board lead moderators have the ability to add and remove assistant moderators. iHub
reserves the right to assign and remove both lead and assistant moderators from
any board at any time at its sole discretion. Neither origination of a board nor
availability of moderator/assistant positions on a board guarantees the ability
to assume or retain any moderator position.
Site Admins are available to assist Members and to oversee application of these
Terms and the Website’s operating policies. They are not here to be the target of
abusive communications, including but not limited to attacks and threats against
them or iHub. Please refer to the Handbook – Communicating with iHub Admins
for the various methods of contacting Site Admins.
Professional/Commercial Members - Disclosures and Disclaimers
Some iHub members reflect an Investor Relations Professional (IRP) designation.
IRPs are professional businesspersons providing investor awareness, investor relations,
or any other compensated promotional service or activity relating to a publicly
traded stock. IRPs may be compensated to provide those services by either the company
(stock) they are promoting or some other interested party. There are no umbrellas;
anyone who is compensated to promote a stock, even if by another IRP, must carry
their own IRP status. IRP's pay iHub a fee (typically $95/month) for their commercial
use of the site. The IRP status provides them the means to include a notice and
link to their legally required Disclosure/Disclaimer. If a post qualifies for a
Disclaimer/Disclosure, it is the IRP's responsibility to mark their posting accordingly.
While iHub requires all professional members to declare their status and maintain
an active IRP subscription while engaged in any regulated activities on the site,
we cannot guarantee that all do. The absence of an IRP Disclosure/Disclaimer should
not be construed to indicate the poster is not subject to Section 17(b) of the Securities
Act of 1933. iHub does not track promotional activity engaged in by IRPs and we
are not party to their promotion agreements. Our IRP subscription fees (described
above) are assessed for their commercial use of the site and providing them the
means to include any legally required Disclosures/Disclaimers with their posts.
for more information and a listing of current and former IRPs.
3. Registration Data and Privacy
In order to access some of the Services on this Site, you will need to open a separate
account where you will create a login name, alias, and password by completing our
online registration form, which requests certain information and data ("Registration
Data”). Each login name and alias will be unique. iHub reserves the right to refuse
to grant any login name or alias that, in our determination, impersonates the login
name or alias of another person, that is not in good taste or that we otherwise
in our sole discretion deem to be inappropriate. However, iHub is not responsible
for policing against or preventing impersonation nor will iHub be liable for any
claims arising out of impersonation; if you suspect that you are being impersonated,
please contact us at firstname.lastname@example.org.
By registering, you agree that your Registration Data is true and accurate and that
you will maintain and update your Registration Data as necessary so that it remains
true and accurate. Failure to maintain accurate Registration Data, including without
limitation e-mail address, may result in your immediate removal from the Website.
You agree to maintain only one account with the Website. Determination of multiple
account usage by allegedly related persons or persons originating from common locations
is at the sole discretion of iHub.
The information we obtain through your use of this Site, including without limitation
your Registration Data, is subject to our
which is specifically incorporated by reference into these Terms.
4. Payment of Fees
Charges for Premium Services may be billed to your credit card or paid by check
or money order sent to our remittance address. Recurring charges are collected in
advance of service. If, for any reason, your credit card company refuses to pay
the amount billed for the service, you agree that we may, at our option, suspend
or terminate your subscription to the Premium Services and require you to pay the
overdue amount by other means acceptable to us. If you terminate your subscription
for Premium Services within three (3) days of your payment without having made extensive
use of premium features during that subscription period, as determined by iHub,
and are not otherwise in violation of these Terms, you will be entitled to a refund
of the most recently paid subscription. Other than the foregoing, fees will not
be refunded for any reason, including without limitation imposition of account limitations
or suspension, account termination, and/or service interruptions.
5. Conduct on our Site
Your use of the Site is subject to all applicable laws and regulations, as well
as our Terms, other rules and normal social etiquette. iHub reserves the right to
remove or restore posts at its sole discretion. It is members' responsibility to
bring violations of the Terms by other members to iHub's attention, although iHub
does not guarantee any action based on such information.
Further, you are solely responsible for the content of your posts and communications
through the Site. By posting information in or otherwise using any communications
service, chat room, message board, newsgroup, software library, image or document
repository, or other interactive service that may be available to you on or through
this Site, you agree that you will not upload, share, post, or otherwise distribute
or facilitate distribution of any content -- including text, communications, software,
images, sounds, data, or other information -- that:
A. Is unlawful, threatening, abusive, harassing, defamatory, libelous, vulgar, hateful,
deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit
or graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another individual
or group of individuals), or otherwise violates our rules or policies;
B. Attacks, verbally or otherwise, any other user, the website, any non-public figure,
or any agents or employees of iHub;
C. Victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
D. Infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other intellectual property or other proprietary or privacy right of any party;
E. Misappropriates the name, likeness, image, sound or other physical attribute
of another person or user or falsely impersonates any other user, person or entity,
including any of our employees or representatives;
F. Constitutes unauthorized or unsolicited commercial e-mail, junk or bulk email
(also known as "spamming"), or chain letters;
G. Contains any unauthorized advertising or promotion of any product or service,
any form of unauthorized solicitation, or any form of lottery or gambling;
H. Contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of the Site
or of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any subscriber, user or
I. Deletes, obscures or alters any attributions, legal notices or proprietary designations
or labels on any Content that you upload or post to any portion of the Website;
J. Transmits or uploads false or inaccurate billing, profile, contact or other information
relevant to your subscription or user account.
We neither endorse nor assume any liability for the contents of any Content or other
material uploaded, posted, communicated or submitted by users of the Site. We assume
no obligation to pre-screen, monitor, or edit the Content posted by users of any
communications services, chat rooms, message boards, newsgroups, software libraries,
image or document repository, or other interactive services that may be available
on or through this Site. However, we and our agents reserve the right, but not the
obligation, at our sole discretion, to monitor Content posted, submitted, uploaded
or otherwise made available through our Site and we further reserve the right, but
not the obligation, to remove any Content that, in our judgment, does not comply
with these Terms in any way or with any other rules of user conduct for our Site,
or is otherwise harmful, objectionable, or inaccurate, or clearly detracts from
the value of the community, as determined in our sole judgment. We are not responsible
for any failure or delay in removing such Content. You hereby consent to such removal
and waive any claim against us arising out of such removal of Content. See "User’s
Materials" below for a description of the procedures to be followed in the event
that any party believes that Content posted on this Site infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other intellectual property
or proprietary right of any party.
In addition, you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server. Not all areas
of the Site may be available to you or other authorized users of the Site. Users
found to be or attempting to manipulate statistical data, data of other Site users,
harvesting information of other users, or attempting to gain access to areas of
our Site to which such users are not authorized to access, directly or indirectly,
whether programmatically, robotically, manually, via posting of Content or in any
other manner, will be subject to account suspension and/or termination. Users who
violate, or attempt to violate, systems or network security may incur criminal or
civil liability and we reserve the right to seek prosecution of such violations
to the fullest extent permitted by law.
You agree that we may at any time, and at our sole discretion, suspend or terminate
your ability to post to any or all boards or to terminate your account without prior
notice to you for violating any of the above provisions. In addition, you acknowledge
that we will cooperate fully with investigations of violations of systems or network
security at other sites, and we reserve the right to report or refer suspected criminal
violations to law enforcement authorities, and to cooperate with law enforcement
authorities in investigating suspected criminal violations involving our Site.
6. Special Rules & Message Deletions
- The iHub Administrators (collectively, “IH Admin”) reserve the right to disable
and/or remove any board at any time.
- Moderators of stock-specific boards are allowed to
immediately remove any post that falls into the following categories: Threat, Off-Topic,
Vulgarity, Privacy Violation, Spam, Personal Attack, or Duplicate. Moderators of
non-stock-specific boards in the Premium area of the Site are allowed to remove
- Hidden/removed posts may be reviewed by IH Admin and
either left removed or restored. We do reserve the right to intervene if we see
blatant abuse of these features. Members have the ability to review their posts
removed within the past two weeks. Should you have a post removed, and you object or
desire an explanation, your sole recourse is to address this matter privately with
an IH Admin as described on the “My Removed Posts” page. Discussion of post deletions
and moderator/admin actions is not permitted on the message boards.
- No post can be removed by a Moderator after a 48-hour
period starting from the post’s timestamp. Moderators of premium boards have the
ability to ban anybody from their board.
- Private Messages that you receive are not to be posted publicly unless you have
prior permission from the author.
7. Third Party Sites and Information
This Website may contain hyperlinks or other connections to websites on the Internet
or otherwise include references to information, documents, software, materials and/or
services provided by other parties (“Third Party Sites”). Third Party Sites may
contain information or material that some people may find inappropriate or offensive.
Third Party Sites are not under our control, and you acknowledge that we are not
responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites, nor are we responsible for errors or omissions
in any references to Third Party Sites or their products and services. The inclusion
of hyperlinks or references to any Third Party Sites is provided merely as a convenience
and does not imply endorsement of the materials, content or services on Third Party
Sites, nor does it reflect any association by this Site with owners or operators
of such Third Party Sites or any warranty of any kind, either express or implied,
by this Site as to any materials, content or services on the Third Party Sites.
8. Intellectual Property Information
By accepting these Terms, you acknowledge and agree that all Content presented or
available on this Site is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws, and all Content remains the sole property
of iHub and/or its Affiliates and/or the owner or source of the respective Content
(each a “Content Provider”). You are only permitted to use the Content as expressly
authorized by the specific Content Provider. Except for a single printed copy made
for personal and noncommercial use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any Content from this Site in any form or
by any means without prior written permission from the specific Content Provider,
and you are solely responsible for obtaining any necessary permission or license
before using any Content that is available on this Site in any other manner. Any
unauthorized use of the Content appearing on this Site may violate copyright, trademark
and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of any Content
displayed on, or obtained through, this Site will not infringe the rights of third
parties. See "User’s Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this Site infringes
on any patent, trademark, trade secret, copyright, right of publicity, or intellectual
property or other proprietary right of any such party.
9. User's Materials
Subject to our
any Content or other communication or material that you transmit to this Site or
to us, whether electronically or by other means, for any reason, will be treated
as non-confidential and non-proprietary. While you retain all rights in such communications
or material, you grant us and our designated licensees a non-exclusive, paid-up,
perpetual, and worldwide right to copy, distribute, display, perform, publish, translate,
adapt, modify, and otherwise use such material for any purpose regardless of the
form or medium (now known or not currently known) in which it is used.
Please do not submit confidential, trade secret or proprietary information to us
unless we have mutually agreed in writing and in advance otherwise. We are also
unable to accept your unsolicited ideas or proposals, so please do not submit them
to us under any circumstances.
We respect the intellectual property of others, and we ask you to do the same. If
you or any other person or entity believes that its copyright, trademark or intellectual
property or other property rights have been infringed by any Content posted on this
Site, you or the other person or entity should send notification to our Designated
Agent (as identified below) immediately and in accordance with the instructions
in our Digital Millennium Copyright Notice, which can be found at
which is incorporated into these Terms by reference.
10. Disclaimer of Warranties
THE USE OF THE WEBSITE, OR ANY MATERIALS, CONTENT, INFORMATION AND SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR
OWN DISCRETION AND SOLE RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
ALL MATERIALS, CONTENT, INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE MATERIALS, CONTENT, INFORMATION
AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, MATERIALS, CONTENT, INFORMATION
AND SERVICES SPECIFICALLY, AND THE INTERNET GENERALLY, WILL BE UNINTERRUPTED, TIMELY,
CURRENT, SECURE, USEFUL, COMPLETE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE MATERIALS, CONTENT, INFORMATION AND SERVICES WILL BE EFFECTIVE,
ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE
FROM MISTAKES, ERRORS OR DEFECTS OR (E) MATERIAL, CONTENT, INFORMATION, SERVICES
OR OTHER ITEMS ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
THE MATERIALS, CONTENT, INFORMATION AND SERVICES AVAILABLE OR ACCESSIBLE ON THIS
SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.
WE MAY MAKE CHANGES TO THE MATERIALS, CONTENT, INFORMATION AND SERVICES AT THIS
SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY
TIME WITHOUT NOTICE. THE MATERIALS, CONTENT, INFORMATION AND SERVICES AT THIS SITE
ALSO MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE OR CORRECT SUCH MATERIALS,
CONTENT, INFORMATION AND SERVICES.
Through your use of the Site, you may be approached with the opportunities to engage
in commercial transactions with other users and vendors. You acknowledge that all
transactions relating to any merchandise or services offered by any party, including,
but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to solely between the
seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE,
AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR
OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY
IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments
of an information provider, Site user, or other person or entity not connected with
us. We do not endorse, nor are we responsible for the accuracy or reliability of,
any opinion, advice, or statement made by anyone on the Website, including moderators.
No advice or information, whether oral or written, obtained by you from or through
this Website shall create any warranty not expressly stated in these terms.
Under no circumstances will iHub or its Affiliates be liable for any loss or damages
caused by your reliance on information or advice obtained through this Site, including
any Content available on or through this Site. It is your responsibility to evaluate
the accuracy, completeness, or usefulness of this Site, including any information,
opinions, advice or other Content available on or through this Site. In particular,
you are urged to consult an appropriate professional licensed in your jurisdiction
before relying on any information, data or other Content obtained on or through
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy and our entire liability, if any, for any claims arising out
of or related to these Terms or your use of this Website shall be limited to the
amount you paid us for your most recent subscription in effect at the time of the
act giving rise to the alleged liability.
12. LIMITATIONS OF LIABILITY: YOU EXPRESSLY
UNDERSTAND AND AGREE THAT IHUB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF IHUB OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED
TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE (OR ANY HYPERLINKS), ENTER OR
PARTICIPATE IN ANY ONLINE CONTESTS, PARTICIPATE IN ANY BULLETIN BOARDS, CHAT ROOMS
OR OTHER DISCUSSION AREAS, OR USE ANY OTHER CONTENT OR SERVICES, INCLUDING, BUT
NOT LIMITED TO, WHETHER THE CONTENT OR SERVICES ARE ERROR-FREE, ACCURATE AND/OR
CURRENT; (B) 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 WEBSITE; (C) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONDUCT,
OPINIONS OR ADVICE OF ANY USER OR OTHER THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER
MATTER RELATING TO EITHER THE WEBSITE SPECIFICALLY (INCLUDING ITS MATERIALS, CONTENT,
INFORMATION, SERVICES, AND ADMINISTRATION) OR THE INTERNET GENERALLY, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD IHUB AND OUR AFFILIATES HARMLESS FROM ALL
LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES – INCLUDING THOSE INCURRED
ON APPEAL, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF THIS SITE OR YOUR
BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME
THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION
BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
YOU SPECIFICALLY AGREE THAT THIS DUTY OF INDEMNIFICATION INCLUDES, WITHOUT LIMITATION,
CHARGES OF DEFAMATION, LIBEL, WRONGFUL DISCLOSURE OF CONFIDENTIAL OR TRADE SECRET
INFORMATION, INVASION OF PRIVACY GENERALLY AND FALSE LIGHT INVASION OF PRIVACY SPECIFICALLY
AND INTELLECTUAL PROPERTY CLAIMS, SUCH AS TRADEMARK, SERVICE MARK, PATENT AND COPYRIGHT
INFRINGEMENT. FINALLY, YOU ACKNOWLEDGE THAT IHUB IS LARGELY A “VIRTUAL” COMPANY
AND AS SUCH, ITS AGENTS AND EMPLOYEES ARE GEOGRAPHICALLY REMOTE AND YOU AGREE THAT
YOUR DUTY OF INDEMNIFICATION INCLUDES ACTUAL COSTS FOR TRAVEL FOR OUR EMPLOYEES,
AGENTS AND ATTORNEYS.
14. Third Party Promotional Materials
From time to time, this Website may include advertisements offered by third parties.
You may enter into correspondence with or participate in promotions of the advertisers
showing their products or services on this Site. Any such correspondence or promotions,
including the delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. We assume no liability,
obligation or responsibility for any part of any such correspondence or promotion.
15. Legal Process
Refer to our Subpoena Policy at
which is incorporated into these Terms by reference.
16. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use
of the Services available on our Website. You agree that we have no responsibility
or liability for the deletion or failure to store any Content and/or other material
or data maintained or transmitted on or through this Website. You acknowledge that
we reserve the right to change these general practices and limits at any time, in
our sole discretion, with or without notice.
We provide storage space and access for user posts and other communications through
our Website. You may not use this Website to publish Content and/or other material
or data that we determine, at our sole discretion, to be unlawful, indecent, or
objectionable, or that otherwise violates these Terms, including the restrictions
described in "Conduct on Our Site" above. You are responsible for any information
contained in your Content, posts and other communications. However, if complaints
are received regarding language, content, or graphics contained in your Content,
posts or other communications, we may, at our sole discretion, remove the objectionable
item(s) hosted on our servers and suspend and/or terminate your posting privileges
and/or your membership or service. This Site is not designed or intended to be used
as a disaster recovery facility or as an emergency data storage facility. You agree
that we have no duty to preserve any Content, including your posts and communications.
17. Security and Password
You are solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions that occur
through the use of your password and account, including any e-mail sent and any
charges incurred. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your password and account. Our personnel will never ask you
for your password except as a means to identify you as the account owner and then
only if you initiate a request for assistance. You are responsible for all activity
that occurs under your account. If you believe or suspect that the security of your
credentials, including your password, has been compromised, you should notify us
18. Export Controls
To the extent that any software is or may become available on or through this Website,
it is subject to United States Export Controls. No software from this Website may
be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country which the United States has embargoed goods;
or (b) to anyone on the United States Treasury Department's list of Specially Designated
Nationals or the United States Commerce Department's Table of Deny Orders. By downloading
or using any such software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such
19. International Use
Although this Website may be accessible worldwide, we make no representation that
materials on this Website are appropriate or available for use in locations outside
the United States, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this Website from other locations
do so on their own initiative and are solely responsible for ensuring that their
use is in compliance with all applicable laws. Any offer for any product, service,
and/or information made in connection with this Website is void where prohibited.
FURTHER, YOU AGREE TO INDEMNIFY AND DEFEND US WITH REGARD TO ALL LOCAL LAWS AS DESCRIBED
UNDER “INDEMNIFICATION” ABOVE.
20. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access
to all or part of the Website or Services with or without notice and for any reason,
including, without limitation, breach of these Terms. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your posting privileges
and/or your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your account, regardless of the reasons therefore,
your right to use the Website, and any Services available on the Site immediately
ceases, and you acknowledge and agree that we may immediately deactivate or delete
your account and all related information and files in your account and/or bar any
further access to such files or this Site. We shall not be liable to you or any
third party for any claims or damages arising out of any termination or suspension
or any other actions taken by us in connection therewith. Your obligations under
these Terms, including indemnification and your liability for any unpaid fees, shall
survive any termination of your access.
21. Governing Law & Jurisdiction
This Website can be accessed from all 50 United States, as well as from other countries
around the world. As each of these places has laws that may differ from those of
Florida, by accessing this Site, the parties agree that the statutes and laws of
the State of Florida, without regard to the conflicts of laws principles thereof
and the United Nations Convention on the International Sales of Goods, will apply
to all matters relating to the use of this Site and the Services available through
this Site. You agree and hereby submit to the exclusive and mandatory personal jurisdiction
and venue of the State and Federal Courts of Leon County, Florida. Moreover, by
using the Website you waive all rights you or companies you own or control may have
under the laws of other states or countries.
All notices to iHub must be in writing and sent to the attention of Customer Service
Via U.S. Mail to either 1700 N. Monroe Street, Suite 11-270, Tallahassee, Florida,
Via fax to 816-884-1862; or
Via email at email@example.com
However, please be aware that correspondence sent via U.S. mail may be delayed.
All notices to you will be sent either:
Via Private Message and/or to the email address supplied for your account; or
Via Broadcast through the Site (for example, with respect to changes to the Site
or other matters of importance).
You agree that notification to you via either of the methods outlined above shall
constitute adequate notice pursuant to these Terms.
23. Entire Agreement
These Terms, together with all policies and other materials incorporated by reference,
constitute the entire agreement and understanding between us concerning the subject
matter hereof and supersedes all prior agreements and understandings of the parties
with respect thereto. These Terms may NOT be altered, supplemented, or amended by
the use of any other document(s) except by iHub. Any attempt by you to alter, supplement
or amend this document or to enter an order for products or services that are subject
to additional or altered terms and conditions shall be null and void, unless otherwise
agreed to in a written agreement signed by you and us. To the extent that anything
in or associated with this Site is in conflict or inconsistent with these Terms,
these Terms shall take precedence. A printed version of these Terms and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms to the extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
In any action based on or related to these Terms, the prevailing party will be entitled
to costs and attorneys' fees. Any cause of action brought by you against us or our
Affiliates must be instituted with one (1) year after the cause of action arises
or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any third party,
and any purported attempt to do so shall be null and void. We may freely assign
our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of this Website, or use of or access to this Website.
In addition to any excuse provided by applicable law, we shall be excused from liability
for non-delivery or delay in delivery of products and Services available through
our Website arising from any event beyond our reasonable control, whether or not
foreseeable by either party, including but not limited to, labor disturbance, war,
fire, accident, adverse weather, inability to secure transportation, governmental
act or regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related
rights shall not constitute a waiver of that right or provision.
You agree that your heirs, successors and assigns shall be bound by all of these