Hi! Welcome to Hubcap! These Terms of Use ("Terms") apply to your access to and use of the websites, mobile apps, and other online products and services (collectively, the "Services") provided by Hubcap, Inc. ("Hubcap," "we," "us," or "our").
We invite you to join our community and enjoy the Services! But we note that by accessing or using our Services, you must agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. Sorry, but those are the rules.
IMPORTANT: PLEASE REVIEW CAREFULLY THE DISPUTE PROCESS PROVISION IN SECTION 12 BELOW AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HUBCAP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND NOT IN COURT. THIS PROVISION IS REALLY IMPORTANT SO PLEASE READ IT CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICES.
The Services currently consist of a platform on which users can create communities based on particular curated topics called "Hubs," where registered users (called Contributors) can post or embed short-form videos and other content related to that topic to the Hubcap platform and also comment on and vote on such content. Each Hub will consist of various Topics of content related to the Hub. Some Hubs may be available to everyone, others may be invite-only. Each Hub is managed by a Moderator (described in greater detail in Section 8 below) who is responsible for monitoring posts and comments on the Hub for compliance with these Terms. Moderators (as well as Hubcap) shall have the right, in their sole discretion, to prioritize, reject and pull-down content found to violate these Terms.
Hubcap cares about the safety of its users and has therefore created certain Trust and Safety protocols that must be followed by all users of the Services. Hubcap is especially protective of children and has developed a policy that no one under the age of 18 is allowed to use or access our Services. By using the Services, you state that:
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Hubcap's Privacy Policy explains how and why and what information we collect, use, and share about you when you access or use our Services. You understand that by using the Services, you consent to the collection and use of your information as set forth in the Privacy Policy.
Subject to your complete and ongoing compliance with these Terms, Hubcap grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.
We are always improving our Services. This means we may add or remove features, products, or functionalities to the Services and app; we will try to notify you beforehand, but that won't always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
To use certain features of our Services, you may be required to create a Hubcap account ("Account") and provide us with a username, password, and certain other information about yourself as set forth in our Privacy Policy ("Your Information").
You are solely responsible for Your Information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Hubcap if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account.
By creating an Account, you agree to not license, sell, or transfer your Account without our prior written approval.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Without limiting the foregoing, you may not:
We reserve the right, at any time and without prior notice, to remove or disable access to any content or the Services at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
Hubcap reserves the right, at any time and at our sole discretion, to reclaim, remove, or change your user name/handle, Hub name/handle, or any other identifier associated with your account or Hub. This may happen for reasons including, but not limited to: trademark or copyright concerns, impersonation, inactivity, offensive or misleading names, or violations of these Terms or applicable law.
We may also make changes to identifiers to prevent squatting, resolve conflicts, or support fair access to names within the Hubcap community. These changes may be made with or without notice, and we’re not responsible for any impact or loss that may result.
Using a handle on Hubcap doesn’t give you ownership or exclusive rights to it. You may not sell, transfer, or attempt to claim rights to any name or handle.
a. Hubcap's Content. As between you and Hubcap, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Hubcap Content"), are either owned or licensed by Hubcap, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Hubcap Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, and promotions, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you,
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, and to access the Hubcap Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Hubcap reserves all rights not expressly granted herein in the Services and the Hubcap Content. You acknowledge and agree that Hubcap may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT MAY BE MADE AVAILABLE THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Hubcap Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
b. User Content. Users of the Services may be permitted to upload, post, transmit or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content"). The information and materials in the User Content have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, or contact other users of the Services, you must comply with the standards set out at "Your Access to and Use of Our Services" above. You warrant that any such content complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services ("Your Content"), you agree and represent that you own Your Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording in Your Content, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
Notwithstanding your uploading Your Content to the Services, you or the owner of Your Content will still own the copyright in such content, but by submitting Your Content via the Services, you hereby grant us and our providers and affiliates an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Your Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use Your Information as well as your image, voice, and likeness to identify you as the source of Your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use Your Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of Your Content.
By posting Your Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree to never assert any moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to Your Content posted to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any or Your Content to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or third parties authorized by us, reserve the right to cut, crop, edit or refuse to publish, Your Content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services (including Your Content or any comments) if, in our opinion, such post does not comply with the content standards set out at "Your Access to and Use of Our Services" above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violates these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend you save copies of Your Content posted to the Services on your personal device(s) in the event you want to ensure you have permanent access to copies of such Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content, including Your Content.
You control whether Your Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to Your Content, you should select the privacy setting available within the Platform. We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (collectively, "Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any third party's websites, products, or services. Your use of, access to, or reliance on any Third-Party Content is at your own risk and you should conduct your own diligence and investigation you feel necessary before accessing, viewing or engaging with any such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements based on your use of the Services. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
Moderating a hub on Hubcap is an unofficial, voluntary, non-compensated position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user's ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
If you choose to moderate a Hub, you agree to:
Hubcap reserves the right, but has no obligation, to overturn any action or decision of a Moderator if Hubcap, in its sole discretion, believes that such action or decision is not in the interest of Hubcap or the Hubcap community.
Hubcap respects copyrights and expects the users of Hubcap's Services to respect copyrights as well. As per 17 U.S.C. Section 512, Hubcap has adopted and implemented the following Takedown Procedures.
a. Takedown Notice. If you believe that content on our Service constitutes copyright infringement, please provide Hubcap's Copyright Agent listed below with a Takedown Notice containing the following information:
Please be aware that materially misrepresenting infringement of your copyrights could result in your liability for attorneys' fees, costs, and damages (for example, if it is determined that the challenged use of your copyrighted work was permitted by law under the fair use doctrine). Accordingly, we suggest that you consult with an attorney, prior to submitting a Takedown Notice to Hubcap, if you are unsure whether material on the Hubcap Service infringes your copyrights.
Once we receive a Takedown Notice, we may remove or disable access to the allegedly infringing material and make a good faith attempt to notify the provider of the alleged copyright infringement of the Takedown Notice (which could include forwarding a copy of the Takedown Notice).
b. Counter-Notice. Hubcap users who are notified of a Takedown Notice regarding content they uploaded or embedded on the Service may respond by providing Hubcap's Copyright Agent listed below with a Counter-Notice containing the following information:
Please be aware that materially misrepresenting that your content is not infringing the copyrights of others could result in your liability for attorneys' fees, costs, and damages. Accordingly, we suggest that you consult with an attorney, prior to submitting a counter-notification to Hubcap, if you are unsure whether your content on the Services does not infringe others' copyrights.
Once we receive a Counter-Notice, we may provide a copy of the Counter-Notice to the party that sent the Takedown Notice. In addition, Hubcap may replace the removed material and/or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless Hubcap's Copyright Agent first receives notice from the person who submitted the Takedown Notice that it has filed an action seeking a court order to restrain the complained of infringing activity.
Hubcap's Copyright Agent: copyright@hubcap.ai.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Hubcap, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys' fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties, or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUBCAP DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. HUBCAP DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE HUBCAP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL HUBCAP BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HUBCAP EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF HUBCAP HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
a. Informal resolution process first. Disputes happen. In the event of a dispute between you and us, we both agree to first try and resolve it amicably before pursuing the arbitration process described below. The party initiating a dispute must begin this process by notifying the other party of the nature of the dispute in writing. The other party will have 60 days to respond. If the dispute has not been resolved by that time, either party may commence an arbitration proceeding following the process below. We both agree that engaging in this informal dispute resolution process on a good faith basis is a requirement that must be completed before filing any further action. But, to preserve each of our legal rights, we also agree that the statute of limitations and any filing fee deadlines shall be tolled while we engage in the informal dispute resolution process.
b. Agreement to Binding Arbitration. If a dispute cannot be resolved amicably under paragraph 12.a above, we both agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Hubcap, and not in a court of law.
You agree to resolve any claim that you may have against Hubcap on an individual basis in mandatory binding arbitration, as set forth in and in accordance with this Section 12. This will preclude you from bringing any class, collective, or representative action against Hubcap, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Hubcap by someone else.
You acknowledge and agree that you and Hubcap are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Hubcap otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Hubcap each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
c. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section 12, including any claim that all or any part of this Section 12 is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Section 12 evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Section or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
d. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
e. Location and Procedure. Unless you and Hubcap otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hubcap submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
f. Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Hubcap will not seek, and hereby waives all rights Hubcap may have under applicable law to recover, attorneys' fees and expenses if Hubcap prevails in arbitration.
g. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Hubcap will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
h. Changes. Notwithstanding the provisions in these Terms regarding consent to be bound by amendments to these Terms, if Hubcap changes this Section Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Hubcap written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Hubcap, Inc., PO Box 623, Burlingame, CA 94011-0623, or (b) by email from the email address associated with your Account to: corporate@hubcap.ai. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Hubcap in accordance with the provisions of this Section 12 as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
i. Severability and Survival. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Section 12 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to Section 12; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we also will notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
Hubcap offers complimentary SMS text messaging services to help you stay informed of important account or service related topics. You might receive account updates or messages about activity on Hubcap that Hubcap determines is relevant and/or may be of interest to you. Hubcap offers this service at no extra charge.
a. Consent to Receive Text Messages
By providing your phone number and opting in to receive text messages, you consent to receive automated SMS messages from Hubcap. These messages may include promotional offers, alerts, reminders, and other information related to Hubcap. You are not required to consent in order to access and/or purchase goods or services from us.
b. Message Frequency
You will receive up to 50 messages per week from Hubcap. Message frequency may vary depending on your preferences, account status, or ongoing promotions. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
c. Opting Out
You may opt out of receiving SMS messages at any time by replying with the word "STOP" to any message you receive. After opting out, you will receive a confirmation message stating that you have been unsubscribed. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. Standard message and data rates may apply.
d. Help and Support
For help or more information regarding our SMS services, reply with the word "HELP" or contact our customer support team at support@hubcap.ai.
e. Privacy
By opting into our SMS service, you consent to the collection and use of your personal information in accordance with our Privacy Policy. If you have any questions regarding privacy, please read our Privacy Policy.
f. Message and Data Rates
Message and data rates may apply from your mobile carrier. Check with your mobile service provider for details on applicable fees.
g. No Liability
Hubcap is not responsible for any delays or undelivered messages. We are not responsible for any issues related to your mobile carrier or network provider.
h. Changes to Terms
Hubcap reserves the right to modify these SMS Terms and Conditions at any time. Any changes will be communicated to you via SMS or through updates on our website. Continued use of the service after such changes will constitute your acceptance of the revised terms.
i. Termination of Service
Hubcap may terminate your access to the SMS service at any time, with or without cause, including if you violate these terms. You can also unsubscribe from our messages at any time by replying with "STOP."
You may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Hubcap (collectively, "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account, Moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms.
The following sections will survive any termination of these Terms or of your Account: 5 (Your Access to and Use of Our Services), 6 (Content), 10 (Indemnity), 11 (Disclaimers and Limitation of Liability), 12 (Dispute Resolution), 15 (Termination), and 16 (Miscellaneous).
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
These Terms are a legally binding agreement between you and Hubcap, Inc. If you have any questions about these terms, please contact us at corporate@hubcap.ai.