eHub Software Purchasing Management

eHub Software owns and operates the eHub Software Service ("Service"). The Service is provided to each user ("User") under specific terms and conditions of service called the eHub Software Terms of User and any amendments, operating rules or policies that may be published by eHub Software. The eHub Software terms of use is the entire agreement between User and eHub Software. The eHub Software terms of use also supersedes all prior agreements between eHub Software and the User regarding the subject matter herein. Please read the entire eHub Software terms of use before deciding whether to be bound to the eHub Software terms of use.

Services

eHub Software provides User enterprise procurement services via the its ecommerce site www.BuyHub.com. eHub Software will not charge User for this Service. In consideration for the ability to provide the Service, User agrees to provide certain current, complete, and accurate information about User as prompted to do so by the Service and agrees to maintain and update this information as required to keep it current, complete, and accurate. Information requested on original sign up shall be referred to as User Information. If any User Information provided by User is inaccurate or incomplete, eHub Software reserves the right to terminate User's membership and rights to use the Service.

From time to time, eHub Software may change the terms and conditions of the eHub Software terms of use. eHub Software fully reserves all the right to modify or discontinue the Service with or without notice to User. eHub Software shall not be liable to User or any third party should eHub Software exercise its right to modify or discontinue the Service.

User acknowledges and agrees that eHub Software assumes no responsibility for the deletion or failure to store information on the eHub Software servers. eHub Software has not defined a predetermined upper limit on the number of purchase orders a User posts through the Service and on how long such purchase orders will be retained. eHub Software, in its sole discretion, may terminate Service if a User's conduct is found to be inconsistent with the letter or spirit of the eHub Software terms of use.

User acknowledges and agrees that the User's membership is voluntary. User agrees not to resell or make any commercial use of the Service, without the express consent of eHub Software.

User is solely responsible for the purchase orders he or she made through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees to comply with US law regarding the transmission of technical data exported from the United States through the Service; agrees not to use the Service for illegal purposes; agrees not to interfere or disrupt networks connected to the Service; and agrees to comply with all regulations, policies and procedures of networks connected to the Service. User's conduct is subject to Internet regulations, policies and procedures.

User agrees not to transmit through the Service any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

User shall not interfere with another User's use and enjoyment of the Service. eHub Software may, in its sole discretion, immediately terminate User's membership should User's conduct fail to conform with these terms and conditions of the eHub Software terms of use.

eHub Software's policy is to respect the privacy of its Users. eHub Software generally will not disclose User's personally identifiable information, unless requested to do so by the User or unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on eHub Software; (2) protect and defend the rights or property of eHub Software; or (3) act under exigent circumstances to protect the personal safety of its Users or the public.

The full text of eHub Software's Privacy Statement can be found in http://www.eHub Software.

Indemnification

User agrees to indemnify and hold eHub Software, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this eHub Software terms of use by User, or the infringement by User, or other user of the Service using User's computer, including third parties, of any intellectual property or other right of any person or entity.

Proprietary Rights to Content

User acknowledges and agrees that information or content, including but not limited to text, graphics, software, music, sound, photographs, video, or other material contained in either sponsor advertisements, web pages or email-distributed on or through the Service, by eHub Software or eHub Software's Advertisers or other third parties, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use any content received through the service for any commercial use, except the express written authorization of the content owner. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute content available through the Service, including code and software, in violation of applicable copyright and other intellectual property laws.

Termination

eHub Software, in its sole discretion, may terminate the Service or the User's membership with or without cause, at any time and effective immediately. Reasons for termination include, without limitation, acessing the Service without authorization, transmitting volume electronic replication, e.g. "spamming", or violating any term of the eHub Software terms of use. The termination by eHub Software may be made by an e-mail message to the User, or any other form eHub Software deems appropriate. eHub Software shall not be liable to User or any third party for termination of Service.

Should User object to any terms and conditions of the eHub Software terms of use or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership. Upon termination of the Service, User's right to use the Service and any software provided by eHub Software immediately ceases.

Jurisdiction

The agreement shall be interpreted by and governed according to the laws of the state of Delaware, excluding its conflict of law provisions. eHub Software's failure to exercise and/or enforce any right or provision of the eHub Software terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eHub Software in writing. User and eHub Software agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose or such cause of action is permanently barred.

Disclaimer of Warranties/Limitation of Liability

USER ACKNOWLEDGES AND AGREES EXPRESSLY THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WHERE eHUB SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

eHUB SOFTWARE ALSO MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. eHUB SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED THROUGH MAILING LISTS AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED ON OR THROUGH THE SERVICE.

eHUB SOFTWARE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM eHUB SOFTWARE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, eHUB SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF eHUB SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT eHUB SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED ON OR THROUGH THE SERVICE, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THIS SERVICE.

USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

USER ACKNOWLEDGES AND AGREES THAT BY COMPLETING THE REGISTRATION PROCESS OR CLICKING THE "I ACCEPT" BUTTON BELOW, THAT USER HAS AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE eHUB SOFTWARE TERMS OF USE.