WEBSITE'S TERMS & CONDITIONS

Terms and Conditions

TERMS AND CONDITIONS OF USE:

By accessing Hub Construction Specialties, Inc.'s ("Hub") Online System including Hub's "Virtual Order Desk", you agree to the following terms and conditions (the "EULA Agreement") governing your use of Hub Construction Specialties, Inc.'s Online System (the "Service"). If you are entering into this EULA Agreement on behalf of another third party entity, including a company, you are representing that you have the authority to bind such entity to these terms and conditions. In such a case, the terms you or your refers to such entity. If you do not have this authority, or do not agree with these terms and conditions, you must exit hub's Online System, forfeiting the right to use the service.

Hub reserves the right to update and change the EULA Agreement from time to time and without notice or acceptance by you. The EULA Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this EULA Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

SERVICE:

Hub will provide to you with use of the Service the following:

1. Hub's Virtual Order Desk ("Hub VOD"), a server-based software product that allows a user to purchase materials and supplies from Hub and to view a history of prior purchases from Hub. A "Hub VOD Account" or "Account" referred to herein means a web site, provided by Hub, made available to you pursuant to this EULA Agreement. You may use your Hub VOD to request quotes and place orders for products and services offer by Hub. You may use the Service to retrieve MSDS sheets if available. Please see Hub's website for more information including limitations on retrieving MSDS sheets online.

2. Access to Customer Account. A server based software product that allows a user to access Customer account information for business purposes such as paying for purchases online, reviewing prior invoices, statements and proofs of delivery, submitting preliminary lien notification and lien release information, modifying Customer information such as updating authorized buyers, current address and phone numbers.

3. Hub TV. A server based software product that allows a user to access to informational Videos. Use of Hub TV is governed by this EULA agreement and a separately stated agreement accessed on the Hub TV web page.

In addition to this EULA Agreement, use of Hub's Online System shall be governed by all terms and conditions stated in the most recent Hub Credit Agreement.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the EULA Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You agree not to access the Service by any means other than through the interfaces that are provided by Hub for use in accessing the Service. Hub will provide the Service in accordance with this EULA Agreement. Hub may at its sole discretion modify the features of the Service from time to time without prior notice.

Your registration for, and /or use of the Service constitutes your consent to abide by this EULA Agreement and any other agreements herein, including but not limited to Hub's privacy and security policies.

Privacy; Security; Disclosure Hub reserves the right to modify its privacy and security policies using its reasonable discretion from time to time. If you become a User of the Service, you agree that Hub can disclose the fact that you are a User. Upon logging into the Service, you may be asked whether or not you wish to receive marketing and other Service-related communications from Hub. You may opt out of receiving such communications at that time by changing your preferences or through email notification. Because the Service is a hosted, online application, Hub may occasionally need to communicate with all Users, whether or not they have opted out due to important announcements regarding the operation of the Service. Hub may provide links to third party sites to you only as a matter of convenience, and in no event shall Hub be responsible for any content, products, or other materials on or available from such sites, nor does Hub endorse any sites on the Internet that are linked through the Service.

Hub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Hub shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

REGISTRATION

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Hub with an electronic mail address and other information ("Registration Data"). You will choose a Username and password for Your Account during the Service's registration process. You are responsible for maintaining the confidentiality of the Username and password for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Hub of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You logout from Your Account at the end of each session. Hub cannot and will not be liable for any loss or damage arising from Your failure to comply with this Agreement. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, (b) if you are using the Service on behalf of another person or entity that you are authorized to do so, and (c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Hub assumes no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or Hub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hub has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

Termination

You may not register for the Service if You are under 18 years of age.

INTELLECTUAL PROPERTY OWNERSHIP

Hub alone, and its licensors, where applicable, shall own all right, title and interest, including all related Intellectual Property Rights, in and to Hub Service technology, the Content and and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This EULA Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, Hub's technology or the Intellectual Property Rights owned by Hub. Hub's name, logo and taglines, including but not limited to Hub's "Virtual Order Desk" and "Communicating All The Time" are trademarks of Hub and no right or license is granted to use them. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.

USER LICENSES, RESTRICTIONS & RESPONSIBILITIES

You are responsible for maintaining the security of your content and Hub VOD Account, and You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Hub Service, including those of other Authorized Users. You agree to immediately notify Hub of any unauthorized uses of the Account or any other breaches of security. Hub cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Hub be liable, in any way, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

You acknowledge and agree that Hub may preserve Account Information and may also disclose Account Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; and (b) enforce the EULA Agreement.

You shall have sole responsibility for the accuracy, quality, truthfulness, legality, reliability, appropriateness, of all information You input into the Service. Hub reserves the right to withhold, remove and/or discard Account Information without notice

GENERAL PRACTICES REGARDING USE AND STORAGE.

You agree that Hub has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Account Information and other communications maintained by the Service.

You acknowledge that Hub may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

Hub retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time or associated with accounts otherwise not in good standing.

TERMINATION

Any breach of the Customer's payment obligations or unauthorized use of Hub's Service will be deemed a material breach of this EULA Agreement. Hub in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this EULA Agreement, including but not limited to, inappropriate and/or unauthorized use. In addition, Hub may terminate an account at any time in its sole discretion. You agree and acknowledge that Hub has no obligation to retain Account Information, and may delete such data if you have materially breached this Agreement, including but not limited to failure to pay outstanding invoices.

REPRESENTATIONS & WARRANTIES

Each party represents and warrants that it has the legal power and authority to enter into this EULA Agreement. You represent and warrant that You have not falsely identified yourself or the Customer whose account You are authorized to access, nor provided any false information to gain access to the Service and that your billing information is correct.

You shall indemnify and hold Hub, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, consultants, attorneys, agents and suppliers harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including attorneys' fees and costs, arising out of or in connection with the following:

INDEMNIFICATION

You shall indemnify and hold Hub, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, consultants, attorneys, agents and suppliers harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including attorneys' fees and costs, arising out of or in connection with the following:

(i) a claim alleging that Your use of the Service has caused harm to, a third party; a claim, which if true, would constitute a violation by you of your representations and warranties;

(ii) a claim arising from the breach by You or Your Users of this EULA Agreement;

(iii) Your use of Your Account;

(iv) Your violation of this EULA Agreement;

(v) The infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.

DISCLAIMER OF WARRANTIES

You understand and agree that the Service is provided "as is", "where is", and "with all faults" and Hub, its affiliates, suppliers employees and agents, expressly disclaim all warranties of any kind, expressed or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Hub's servers. Hub, its affiliates, suppliers employees and agents make no warranty or representation, whether expressed or implied regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You.

Without limiting the foregoing: Hub and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Hub and its licensors do not represent or warrant that:

(a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b) the service will meet your requirements or expectations;

(c) any stored data will be accurate or reliable;

(d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations;

(e) errors or defects will be corrected; or

(f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an "as is"and "with all faults" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Hub and its licensors.

INTERNET DELAYS

Hub's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

Hub is not responsible for any delays, delivery failures, or other damage resulting from such problems.

LIMITATION OF LIABILITY

In no event shall hub its employees, agents and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or any other damages of any type or kind (including loss of data, revenue, profits, business, use or other pecuniary or economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content and/or subscriber data obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.

Hub disclaims all warranties and makes no warranties, either expressed or implied, (whether by operation of law or otherwise) including the warranties of merchantability or fitness for any particular purpose or use of any equipment and/or material (hereinafter collectively referred to as "product") sold or supplied by Hub. The Customer's sole and exclusive warranty, if any, is that provided by the product's manufacturer and customer shall seek its remedy directly from manufacturer. Under no circumstance(s) shall Hub be liable for personal injury, property damage or any other loss, damage, cost of repairs or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, fabrication, sale, transportation, installation, use, nonuse or repair of the products and/or services sold or supplied by Hub. Customer hereby agrees that under no circumstance(s), and in no event, shall Hub's liability, if any, exceed the net sales price of the defective product(s) and/or service(s); no additional allowance shall be made for the labor or expense of repairing or replacing defective products or workmanship or damage resulting from the same. Except as expressly set forth in this paragraph, all products and/or services provided by Hub and/or its agents are provided "as is," "where is," and "with all faults."

Customer agrees that Hub and its agents do not make and specifically negate, renounce and disclaim any representations, warranties and/or guaranties of any kind, expressed or implied, with respect to any or all of (i) the products sold, their use, design, application or operation, their merchantability, their physical condition and/or their fitness for a particular purpose, (ii) the maintenance or other expenses to be incurred in connection with the products, (iii) the engineering, design, fabrication work or any other work or service (whether gratuitous or for fee) supplied to Customer or (iv) the accuracy or reliability of any information, designs or documents furnished to Customer. Hub neither assumes, nor authorizes anyone to assume for it, any other obligation in connection with the sale of products and/or the rendering of services. Any communications made by Hub concerning the use, design, application or operation of the products shall not be construed as representations or warranties, expressed or implied. Failure by Hub to make recommendations or give advice to Customer shall not impose any liability upon Hub.

Hub makes no promise or representation that the products or services will conform to any federal, state or local law, ordinance, regulation, code or standard, except as particularly specified and agreed upon in writing by an authorized officer of Hub. Hub shall not be responsible for any losses or damages sustained by the Customer or any other person for any reason including, but not limited to, installation or application of the any product. Customer shall defend, indemnify and hold harmless Hub, its employees and its agents against any and all loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with the design, sale, manufacture, fabrication, advertising, transportation, installation, use, nonuse or repair of the products (i.e. equipment and/or material) by Customer or of the information, designs, services or other work supplied to Customer.

Hub assumes no liability for loss or damage due to delay or inability to deliver products or services, whether or not such loss or damage was made known to Hub, including, but not limited to, liability for Hub's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Hub. Under no circumstance(s) shall Hub be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.

MODIFICATION TO TERMS

Hub reserves the right to modify the terms and conditions of this EULA Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this EULA Agreement on the Service. You are responsible for regularly reviewing this EULA Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

GENERAL

This EULA Agreement shall be exclusively governed by the laws of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this EULA Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Bernardino, California.

You acknowledge that any use of the Service contrary to this EULA Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Hub, its affiliates, suppliers and any other party authorized by Hub to resell, distribute, or promote the Service ("Resellers"), and under such circumstances Hub, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

If any provision of this EULA Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No text or information set forth on any form or document, except those stated herein, if applicable shall add to or vary the terms and conditions of this EULA Agreement.

The failure of Hub to enforce any right or provision in this EULA Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hub in writing.

No joint venture, partnership, employment, or agency relationship exists between You and Hub as a result of this EULA Agreement or use of the Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Hub Services or this EULA Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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Disclaimer
Prices posted on this website may vary from branch prices and refer to currently available stock. Pricing herein represent prices for cash, debit or credit card purchases only. No payment terms are associated with website purchases.
Because of the possibility of human and mechanical error as well as other factors, Hub is not responsible for any errors or omissions, by either its own or its information providers. All information is provided "as is" without warranty of any kind. Hub makes no warranties or representations and disclaims all express, implied and statutory warranties of any kind, including as to accuracy, timeliness, completeness, merchantability or fitness for any particular purpose.
For a more detailed explanation please refer to our website's terms and conditions.

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