Terms and conditions of our website
Definitions
"Hub6" means Hub6 Inc. whose head office is located at 6000 Rome Blvd. Rome, bur. 410, Brossard, Province of Quebec, J4Y 0B6, and its subsidiaries and affiliates.
"Website" means Hub6's website accessible online through the http://www.hub6.com website and any associated features, applications, services or websites, including the company's customer portal to which customers have access.
"Personal Information" means personally identifiable information and the data set or groups of data associated with User's personally identifiable information in a manner that allows User to be quickly and easily identified, excluding Personal Information that User chooses to post in public areas of the Website, if any.
"Person" means, as applicable, an individual, partnership, corporation, cooperative, association or other organization with or without legal personality of its own.
"Services" means the online or mobile services, including access, applications, the Website, software or any other products or services provided by or in connection with Hub6.
"User" "You" or "Your" means the Person using the Services offered by Hub6 through its Website, or by email.
Terms and Conditions of Use
The Website and its various Services are owned and operated by Hub6. In consideration of the User's express acceptance of these Terms of Use, and subject to compliance with this Agreement, Hub6 grants the User a non-transferable, non-exclusive, non-transferable and revocable license to download, access and use the Website.
Hub6 shall at all times remain the sole and exclusive owner of the databases, programming codes or other intellectual property related to the Website.
By using the Website and its contents, the User expressly agrees to these Terms of Use. If the User does not agree to one or more of the terms and conditions set forth in these terms and conditions, the User's sole remedy is not to use the Services.
By accepting this Agreement, User certifies that:
He/she has the legal capacity and right to enter into this Agreement and to use the Website;
All personal information provided by the User is accurate, current and complete;
He/she will take reasonable steps to protect his/her personal information and will not disclose his/her username, password or any other information provided to him/her to any third party and will notify Hub6 as soon as he/she becomes aware or suspects that the security of his/her account is or has been compromised;
He accepts full responsibility for all taxes and other charges and any financial liability resulting from his use of the Website under his name or account; and
The User accepts full responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of any activity related to the account or the Website platform.
User agrees not to:
Use the Website in any manner that could (i) affect the resources of the Website or the availability of the Website to other users, (ii) compromise the completeness of the system or its security, (iii) violate any provincial, federal or international law, or (iv) delete or alter any content on the Website;
Access areas of the Website or Hub6's computer systems that are not public;
Attempt to probe or evaluate the vulnerability of the Website;
Attempt to decrypt, decompile or disassemble software used for the Website;
License, sublicense, sell, resell, rent, lease, assign, distribute, time-share or otherwise exploit the Website for commercial purposes or provide access to the service to others;
Send spam or any other form of junk mail in violation of applicable law;
Send or store any infringing, obscene, threatening, defamatory or other material that is unlawful, tortious or illegal in nature, including material that infringes on the rights of others such as privacy rights;
Attempt to gain unauthorized access to the Service or related systems and networks;
Modify, copy or create developments based on the Website; or
Create Internet "links" to or from the Website, create an "image" or "mirror site" in connection with any content covered by the Service other than on the Customer's intranets for the purposes hereof or for internal business purposes.
User acknowledges that by using the Website, User may not:
Transmit any message anonymously or under a false name;
Transmit any illegal or otherwise objectionable information of any kind;
Transmit any message that discloses private or personal matters concerning any Person;
Transmit any information, file or software that contains a virus or other contaminating or destructive component.
Hub6 reserves the right to investigate any alleged violation of the above terms and conditions and to take legal action if necessary.
Hub6 reserves the right to terminate the User Policy and your right to browse and use the Website or any portion thereof, without notice, in its sole discretion.
Intellectual Property
The User acknowledges that the Services and all information and materials contained therein, including, without limiting the generality of the foregoing, software, images, text, graphics, illustrations, logos, trademarks, copyrights, photographs, videos, and all intellectual property rights therein (hereinafter the "Content") are the exclusive property of Hub6. The User is prohibited from copying, reproducing, modifying, reusing, transmitting, distributing or otherwise publishing any Content from the Website or relating to the Services without the prior written permission of Hub6. Hub6 reserves all other rights in and to the Services and the Website Content.
The User acknowledges that use of the Services is limited to the User's personal, non-commercial use only, unless the User has obtained Hub6's express written consent for another use.
All Content on the Website is protected by Canadian intellectual property laws. Hub6 grants User a limited license to display on User's cell phone or tablet, download and use the Content solely for non-commercial, personal or educational purposes, provided that User does not modify such Content and includes with and displays on each copy of such Content the corresponding copyright notice and this limited license.
The license granted is limited. Accordingly, User may not display, upload, copy, reproduce, modify, adapt, translate, download, store, transmit, distribute, sell or use the Website Content for any purpose other than as set forth herein without the prior written permission of Hub6.
User is also prohibited from engaging in "screen scraping", "database scraping" or any other activity for the purpose of collecting, storing, manipulating or reorganizing data from the Website or any portion of the Content in any form or by any method.
Without limiting the generality of the foregoing, Hub6 owns or licenses the entire copyright in all Content posted on the Website.
Personal Information
In order to access certain parts of the Website or some of the Services, User must establish an access account with Hub6, or provide User's name, e-mail address, mailing address, zip code, home or cell phone number, emergency contacts, and other personal information. In order to use the Services, the User may be required to provide other data, such as credit card information or any other account used to make payments through the Website.
By using Hub6's Services, the User allows the collection, use and disclosure of his or her Personal Information for other purposes, including, but not limited to, collecting non-personalized statistical information about the Equestrian Network, creating and maintaining our customer accounts, providing the best possible customer service, answering your questions, collecting our outstanding receivables, understanding our customers' needs, conducting and managing various surveys, informing our customers of our offers and promotions, and managing fraud and theft cases. This consent is presumed to be given upon acceptance of these terms of use.
Hub6 may also collect, use, retain or disclose a User's Personal Information without the User's consent or knowledge, where permitted or required by applicable law. Personal Information may also be used and disclosed as necessary to enable Hub6 to comply with applicable law and regulatory requirements.
By agreeing to these terms, the User consents to the collection, use and disclosure of Personal Information in accordance with Hub6's privacy policy (the "Privacy Policy").
Content of the Website
User acknowledges that it is solely responsible for any content that User uploads, posts, lists, emails, transmits or otherwise makes available through this Website, which acts as a passive conduit for the online distribution and publication of its content.
Except as otherwise expressed herein or in the Privacy Policy any communication or content that User posts or lists on this Website or transmits to Hub6 by email or otherwise, including without limitation any contest or sweepstakes entries, essays, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary and may be used by Hub6 and its suppliers (and their respective affiliates, agents or contractors) and other users for purposes including without limitation: reproduction, modification, disclosure, transmission, publication, broadcast and display of advertising or promotion in any media, now known or hereafter devised or created, without further authorization, consent, payment or other consideration, unless prohibited by law.
The User is responsible for the content of the information disclosed in connection with the use of this Web Site, which information shall at no time be false, inaccurate or misleading, immoral or illegal. The User is also responsible for updating the Personal Information held by Hub6 about the User that was disclosed during registration as a member.
Hub6 reserves the right to remove content where there is reason to believe that a User is in violation of these Terms of Use.
User acknowledges and agrees that any content posted by users on the Hub6 Website, such as comments, reviews, ratings, questions, critiques, blogs, and other informational content is not endorsed by Hub6 and does not reflect the opinions of Hub6. Hub6 is not responsible for any content posted by users on its Website and shall not be liable for any damages of any kind arising from content posted on its Website.
External links
The Hub6 Website may contain hyperlinks to websites operated by third parties. The links are provided as a convenience to the User and do not constitute an endorsement of this website, its content, or any product or service. Hub6 does not control the content or performance of such websites and is not responsible for their content, performance or practices, including without limitation, their privacy practices. The User accesses third-party websites at his/her own risk, as Hub6 does not verify the information contained therein. When the User accesses an external website by clicking on a hyperlink on the Website, it is the User's responsibility to consult the privacy policy of that website.
Limitation of liability
The User acknowledges that the Services are provided on an "as is" basis and Hub6 disclaims all express and implied warranties with respect to the Services and the content found on the Website.
While Hub6 takes reasonable steps to ensure the accuracy and reliability of the content on the Website, it is provided on an "as is" and "as available" basis without warranty or condition of any kind. Hub6 expressly disclaims any representation or warranty that the Website is free of errors, viruses or other harmful components.
Hub6 shall not be liable for any damages or injury arising out of the use of the Services, which includes, without limitation, any injury or damage caused by use, including without limitation inability to use the Services or the Website, non-performance, error, omission, delay in performance or computer virus.
Hub6 disclaims all liability with respect to the materials on its Website. This material includes, but is not limited to:
Information of a general nature, which is not intended to address the specific circumstances of any Person;
Information that is incomplete, not comprehensive, inaccurate or not updated;
The failure of any payment platform or any transaction between users of the Website to function;
Any information from external sites over which Hub6 has no control;
The inclusion of any link does not imply endorsement by Hub6.
Without limiting the foregoing, Hub6 or its affiliates also disclaims any and all liability for the following:
Errors or downtime of the Website (or servers) or that result from any interruption, stoppage or malfunction of any third party's Internet or telecommunications services;
For any content posted by a User or third parties, including, but not limited to, errors or omissions in such content, or for any loss or damage of any kind incurred as a result of the use of such content posted, listed, emailed, transmitted or made available through the Website.
Without limiting the generality of the foregoing, Hub6 shall not be liable for any delay or failure to perform its obligations under these terms and conditions or in connection with any transaction or order placed on its Website.
In the event that some of the above limitations may not apply due to applicable law, Hub6's liability to the User for damages and claims of any kind shall be limited to the amount paid by the User for the Services.
Hub6 shall not be liable for services rendered by instructors, schools, students, farriers, equine therapists or any other equestrian or equine related parties whose information is contained on the Website.
The User acknowledges and expressly agrees that the use of the Website is at his/her own risk. User agrees to defend, indemnify and hold harmless Hub6 and its directors, officers, trustees and employees from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any breach of these Terms of Use by User or any other Person using User's account. A delay or failure by Hub6 to exercise any right or power under this Agreement shall not be deemed a waiver of such right or power.
General
Hub6 reserves the right, in its sole discretion, to modify, suspend, terminate or discontinue any aspect of the Service at any time, including the availability of any features of the Service or its content, or impose limits on certain features or aspects of the Service or restrict a User's access to all or parts of the Service, for any reason deemed reasonable by Hub6, without prior notice or liability or obligation to refund any fees paid. Without limiting the generality of the foregoing, Hub6 may, in its sole discretion, limit access to the Services to any User who violates these Terms of Service.
Hub6 reserves the right at all times to disclose any information as necessary to satisfy any applicable law or regulation, legal process or governmental request, and to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
These Terms of Use with respect to the Services on the Website constitute the entire agreement between the User and Hub6. These Terms of Use shall be governed by the laws of the Province of Quebec applicable therein. Hub6 will send any notice to the User through the email address provided by the User. If your use of the Website results in a dispute, the dispute shall be resolved in accordance with applicable law by a court of competent jurisdiction in the judicial district of Longueuil.
Hub6 may modify these Terms of Use at any time without notice by posting the modified terms on the Website. Any User who continues to use the Website after the terms of use have been modified is presumed to have accepted the modified terms of use.
The version of these terms of use applicable to any transaction you have conducted on the Website is the version in effect at the date and time the User completed the transaction, as posted on the Website at that time. In each case, the User is deemed to have read and accepted the terms and conditions governing that transaction, including these Terms and Conditions.
User may not assign or otherwise transfer this Agreement for the rights or obligations hereunder to any third party without Hub6's prior written consent. Hub6 may assign this Agreement to a third party without User's consent.
In the event that any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the provision shall be deemed to be excluded from this Agreement without affecting the validity of the Agreement.
Information
If you have any questions regarding these Terms and Conditions, you may contact Hub6 using any of the following methods of communication:
HUB6 INC.
6000 Rome Blvd., bur. 410
Brossard, Quebec J4Y 0B6
T : 438-315-4826 | info@hub6.com
2022, Hub6 inc.
Last modification: January 1st, 2022