User Agreement

TERMS OF USE

Acceptance of Terms. This hubbub web site (this "Site") is provided subject to the terms and conditions set forth below (the "Terms"), in addition to, and not in limitation of, the provisions of any other agreement you may enter into with hubbub. For purposes of the Terms, "hubbub" or the "Company" is defined as hubbub health, Inc. dba hubbub health and its and respective officers, directors and employees.

By using the Site, you signify your agreement with the following Terms and our Privacy Policy, found at https://www.hubbubhealth.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms or our Privacy Policy, you must not access or use the Site, so please read this agreement carefully.

This Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with hubbub and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use. hubbub may modify these Terms from time to time and without notice, effective immediately upon posting on this Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from frequently so you are aware of any changes, as they are binding on you. hubbub has the right to terminate your access or use of this Site at any time without notice.

Confidentiality. You acknowledge that, by accessing this web site, you may have access to certain information of hubbub concerning hubbub's business, plans, customers, technology, products, financials and other information held in confidence by hubbub ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that, under the circumstances of its disclosure, should reasonably be considered confidential. By "clicking to accept" these Terms, you agree that you will not use in any way, for your own account or the account of any third party, except as expressly permitted by or required to achieve the purposes of this Agreement, nor disclose to any third party, any of hubbub's Confidential Information. You shall take reasonable precautions to protect the confidentiality of such information, which in all cases shall be at least as stringent as the precautions you take to protect your own Confidential Information.

User Obligations. You may not use this Site in any manner that may: adversely affect this Site's resources or the availability of this Site to others; violate any local, state, national or international law; delete or revise any content on this Site; or, transmit, disclose or harass any other person or to collect or store personal information about others. If you have a unique user identifier and/or password to access secure areas, you are responsible for protecting the identifier and/or password and for any unauthorized use by others, with or without your permission. In addition, you agree to notify hubbub immediately of any unauthorized use of your password or other security measure.

You may not submit or post any material or information that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary or legal rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of "spam." You may not use a false email address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post. You expressly acknowledge and agree that engaging in any of the above activities constitutes an unauthorized use of the service provided and a material breach of this Agreement, which may result in sanctions, ranging from suspension or termination of Your access and/or cancellation of Your accounts. In addition, You are responsible for all software and equipment necessary to access and use this Site, including all related expenses, if any.

No Warranty. hubbub does not warrant that any hubbub Content or any other content posted on this Site is accurate, complete, reliable, current or error-free. hubbub does not warrant this Site will meet your requirements, or that your access or use of this Site will be uninterrupted, timely, secure or error-free, nor does hubbub make any warranty whatsoever regarding the quality of any products, services, information or any other material you obtain through this Site.

WE TRY TO KEEP HUBBUB UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HUBBUB "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE DO NOT GUARANTEE THAT HUBBUB WILL BE SAFE OR SECURE. HUBBUB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Limitation of Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH CASES, HUBBUB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification. You agree to defend, indemnify and hold harmless hubbub, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Intellectual Property Rights. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by hubbub, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks. hubbub and any other names of hubbub or its web sites, publications, products, content or services referenced on this Site are the exclusive trademarks or service marks, or intellectual property of hubbub, including without limitation the "look and feel" of this Site and the color combinations, layout and other graphical elements of this Site. You may not use hubbub's trademarks or intellectual property in any manner without the express, written permission of hubbub. Other product and company names that appear on this Site are subject to trademark or other rights of other parties.

Copyright. All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this Site (the "hubbub Content"); the selection, arrangement, and presentation of all hubbub Content (including information in the public domain); and the overall design of this Site are the exclusive property of hubbub. hubbub grants you a personal, non-transferable, non- exclusive limited license to access this Site and to download and print a single copy of hubbub Content from this Site solely for: (a) your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under any Agreement currently in effect between you and hubbub. Any other copying, use, distribution or modification of hubbub Content or any other property of hubbub, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of hubbub.

Copyright Infringement & the DMCA. hubbub takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials, or access to them, from the website by submitting written notification to our Copyright Agent:

hubbub health Inc.

DMCA Agent

100 SW Market Street

Portland, OR 97201

DMCA@hubbubhealth.com

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, address, telephone number and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate;
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. It is our policy in appropriate circumstances to disable and/or terminate the access to Community and/or the Website of users who are repeatedly violate our Terms of Use and any of our policies, including this DCMA Policy.

Linking to Other Web Sites. hubbub has no control over other Web sites or other resources accessed through links on this Site. Any such links are provided for your convenience only, and do not constitute an endorsement of the linked site(s) or content by hubbub. hubbub makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of these sites, the information contained in them or the products or services they provide. hubbub shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with web sites or resources accessed through links on this Site.

Linking to and Framing of this Web Site. You may not frame any hubbub Content, or use any trademark, logo or other proprietary information on this Site, without hubbub's express written consent. You may not use hubbub's name or trademarks in any meta-tags or other hidden text without the express written consent of hubbub. You may link to this Site for non-commercial purposes only. hubbub reserves the right to demand you remove any such link at any time, for any or no reason, and at hubbub's sole discretion.

No Reliance. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

In addition, the contents of the hubbub Site, such as text, graphics, images, information obtained from hubbub's licensors, and other material contained on the hubbub Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the hubbub Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. hubbub does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by hubbub, hubbub employees, others appearing on the Site at the invitation of hubbub, or other visitors to the Site is solely at your own risk.

Compliance with COPPA. This Site is not directed at anyone under the age of 13. hubbub complies with the Children's Online Privacy Protection Act. You are not permitted to register or submit personally identifiable information to us unless you are at least 13 years of age.

Termination. You understand and agree that your access to the web site, the services provided and your account depends upon your compliance with the terms of this Agreement and the Conditions of Use, as well as hubbub’s decision to continue operating the web site and the services. There is no guarantee that hubbub will continue to offer the services and hubbub may simply discontinue the service without notice to you. hubbub may also terminate your access to and your use of the service and your account (or any user of your Account) if you breach any terms of this Agreement or the Conditions of Use or you access or use the service or your account in a manner that is not expressly authorized by hubbub. In that event, hubbub may, in addition to other remedies, terminate your access to the service and your account (and any other accounts that share the name, phone number, email address, internet protocol address of the discontinued account) immediately and without notice. Regardless of the cause or basis for termination, You agree that you are not entitled to compensation of any kind as a result of the termination.

Governing Law and Disputes. These Terms, and any dispute that may arise between you and hubbub, will be governed by the laws of the State of Oregon without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and hubbub as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement, and supersede any prior agreements between you and hubbub, whether oral or written, as to the subject matter of the Terms. Jurisdiction and exclusive venue will only be in the courts of Multnomah County, Oregon for any disputes arising out of or relating to these Terms.

Miscellaneous. If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of hubbub. hubbub may assign its rights and duties under the Terms to any party, at any time, without notice. hubbub reserves all rights not expressly granted in these Terms.

Last Modified: March 15, 2016.