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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
Review the listing
policy for more information
6. Placing Bids
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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?cmd=review_profile&sessionID=saje8qhifafvp4p7hs334xn36egja297.
10. MISCELLANEOUS
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
*******************************************
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
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