HubSwirl User Agreement

You must Agree to all terms and conditions before registering on HubSwirl

Use of the HubSwirl web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.

HubSwirl reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.

All questions regarding this User Agreement should be sent via email to legal@hubswirl.com

1. Eligibility of Membership / Registration
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To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing HubSwirl with true and correct information as required on the HubSwirl registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.

2. HubSwirl serves only as a Venue
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HubSwirl is an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open auction, marketplace, classifieds or online store environment. Registered users may also bid on or buy such merchandise. At no time does HubSwirl possess, hold, or offer any merchandise for sale or auction. HubSwirl serves only as a venue in which individual sellers and buyers engage in transactions between each other. Because of our non-involvement in the posting of these items, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on HubSwirl for which they intend to bid/buy, before placing such bid or making such purchase. HubSwirl can not be responsible for a sellers willingness or ability to sell any item they have listed, or a buyers willingness to follow through with a transaction for an item(s) for which they have placed a bid or purchased. We encourage open communication between buyers and sellers before and after any transaction takes place.

3. User Verification
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Because of difficulties involved with verification over the Internet, HubSwirl is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may review any members feedback profile to see what others have said about dealing with them. You may also check the members IP location by selecting the IP Check button. IP check opens a map to display the Internet Protocol Address location of the member at the time of registration. On HubSwirl we offer a member verification service that creates a "Verified" image next to the members username. We verify the members registered address with the address on file with the Credit Card companies. We recommend only dealing with "Verified" members.

4. Disputes and Release
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Because HubSwirl has no involvement in transactions between users we can not get involved in disputes between users. You hereby release HubSwirl (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.

5. Selling on HubSwirl
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Review the listing policy for more information

6. Placing Bids
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By placing a bid on an item(s) listed on HubSwirl, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid.

Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid.

Only in certain situations would bid withdrawal be acceptable. These situations may include:

a) The seller has made material changes to the description of the item after your bid was placed.
b) The seller has made a typographical error in the description of the item.
c) You have contacted the seller and received their express permission to withdraw your bid.

Bidders may not engage in the following activity:

a) Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder.
b) Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID.
c) Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on HubSwirl's, any questions you may have regarding the sale of, or condition of the item before placing your bid.
d) By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s).

7. Payments, Fees, Charges and Refunds
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We do not provide refunds. The listing fee for posting or selling an item on HubSwirl is FREE. There is however, a charge for other features such as attention grabbers, bold listings, Featured listing etc., should you wish to use them (please see the "Auction Fees" page). Members can pay these fees from your members account using a PayPal account or credit card.

8. DISPUTE RESOLUTION AND GOVERNING LAW
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a. Governing Law. This User Agreement shall be governed according to the laws of the Province of Ontario, Canada; and all activities performed in connection with the Service shall be deemed to have been performed in Ontario, Canada. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Ontario, Canada; except that body of law governing conflicts of law.

b. Disputes. all Claims shall be settled by binding arbitration in accordance with the Ontario Arbitration Act, 1991, S.O. 1991 (available at http://www.canlii.org/en/on/laws/stat/so-1991-c-17/latest/so-1991-c-17.html) and, as the parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving international or cross provincial commerce, it shall be governed by the Commercial Arbitration Act (1985, c. 17 (2nd Supp.), as incorporated in Canada (available at http://laws.justice.gc.ca/en/C-34.6/index.html ). The arbitrator shall issue a reasoned award if so requested by you or HubSwirl, and may not modify, rewrite, or otherwise reform this User Agreement, including but not limited to interpreting the User Agreement beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party.

Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a Seller. Disputes include not only claims that relate directly to HubSwirl, but also its Disbursement Partners, successors, assignees, employees, and agents, and claims for which HubSwirl may be directly or indirectly liable, even if it is not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise.

Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.

If we initiate the arbitration, we may serve you at the last known physical or email address on file with us. The arbitration shall be conducted in Ottawa, Ontario, Canada; and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and HubSwirl agree to submit to the personal jurisdiction of the courts located within the city and county of Ottawa, Ontario, Canada. Either you or hubswirl INC. may seek any interim or preliminary relief from a court of competent jurisdiction in Ottawa, Ontario, Canada necessary to protect the rights or property of you or HubSwirl INC. (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If any portion of this section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this section.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THEIR USE OF HubSwirl'S SERVICES.

9. ELECTRONIC COMMUNICATIONS
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You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or HubSwirl INC.

The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.

In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with HubSwirl's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your contact information by updating your profile at https://www.hubswirl.com/hub/UserMembership/services?cmd=review_profile&sessionID=saje8qhifafvp4p7hs334xn36egja297.

10. MISCELLANEOUS
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a. Entire Agreement. The User Agreement constitutes the entire agreement between you and HubSwirl INC. and governs your use of the Service, superseding any prior agreements between you and HubSwirl INC.

b. No Waiver. The failure of HubSwirl to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.

c. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.

d. Language. In the event there is any inconsistency between the English and Spanish or other language text on this website, including the User Agreement, the English text shall be binding.

11. Personal Information
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Personal information is the information that you provide to HubSwirl or to other members when:

• Completing the registration process.
• Listing an item.
• Placing a bid.
• Leaving feedback comments.
• Placing your credit card information on file with us.
• Posting messages in any lobby area.
• Using any email feature offered to you through use of the site.

You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information.

The use of your information is explained in our current Privacy Policy.

has strict policies relating to members' contact information:

• members can't misrepresent their identities.
• members must always provide valid and complete contact information.
• For everyone's safety, members are never permitted to publish the contact information of other members in an online public area.
• Every membership must always have a valid email address.

12. Your Password
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You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.

13. Public Chat Lobbies
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HubSwirl provides public forums (herein referred to as "Lobbies"), in which registered members may post messages and enjoy interacting with other registered members. These lobbies are provided as a courtesy to the HubSwirl community. HubSwirl is not responsible for the content posted in the Lobbies and may not agree with the views expressed therein.

The following types of posts or comments are considered unacceptable in any lobby on our site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your HubSwirl Account.

• Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby.
• Posts that advertise items you have for sale.
• Posts that contain profanity or that are defamatory in nature.
• Posts that contain links to other online auction sites.
• Posts that contain adult pictures, material, or links.
• Posts that disclose personally identifiable information about another registered member.
• Posts that are disruptive in nature, harass or threaten another member or HubSwirl staff member.

Additional guidelines may be posted, and amended, regarding the use of our chat lobbies.

14. Stability
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Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the HubSwirl web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.

15. Feedback
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HubSwirl provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited:

Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing.
Leaving feedback that contains vulgarity or profanity.
Leaving feedback that discloses another users personally identifiable information.
Leaving comments that are negative in nature, through the selection of the Positive comment option.

HubSwirl provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account.

In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended.

It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System.

16. Privacy
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HubSwirl takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy.

17. Notice
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All notices given between both parties (You and HubSwirl) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.

18. Limitation of Liability - Non Warranty
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IN NO EVENT SHALL HubSwirl (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.

THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

19. Indemnification
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You agree to indemnify and hold harmless HubSwirl, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HubSwirl, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.

20. Legal Responsibility
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It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site.

21. No Partnership / Agency
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You and HubSwirl act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.

22. Violation of User Agreement
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We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any posting or store you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.

23. General
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This Agreement and the terms and conditions herein, shall be governed by the laws of the Province of Ontario. You further submit to the legal jurisdiction of the Province of Ontario and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought to Ottawa, Ontraio, Canada or a court within the jurisdiction of the Province of Ontario.

24. Disclosure
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Any Inquiries, Questions, notifications, and requests or further information can be sent to HubSwirl INC., as follows: online at http://HubSwirl.com/Contact; Tel- (613)482-8374, mail- HubSwirl INC., attn: Customer Service, 2708 Violet Street, Ottawa, ON. K2B 6X2. Canada