Terms and Conditions of Use
These Terms and Conditions of Use and our Privacy Policy apply to all visitors to our Website “https://hublyusa.com”, its corresponding features, and platform, including (i) casual visitors who visit the Site to learn more about our services and (ii) registered users, to whom we have granted access to certain password-protected areas and features of our website.
Content Disclaimer
Our website contains information relating to regulated substances including alcohol. Our website is not intended for use or review by anyone under the age of 18. If any of these topics are offensive to you or you do not wish to be exposed to information relating to alcohol, please do not use or review our website. Additionally, we promote only the legal and responsible service and voluntary consumption of alcoholic beverages by individuals that are age 21 and over.
Age and Consent
By registering with us or hiring our firm to provide you services, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). If you are under the legal age of consent, you have no right to open an account or purchase our products or services.
Acceptance of Terms
By using our website “https://hublyusa.com”, its corresponding features, and platform you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. It is dated as the date User agrees to this agreement.
Modifications
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
Temporary Access
Access to our website “https:// hublyusa.com”, its corresponding features, and platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our website “https:// hublyusa.com”, its corresponding features, and platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website “https://hublyusa.com” and its corresponding features due to scheduled outages, and (y) unavailability caused by force majeure. We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our terms and conditions.
Agreement to Terms
By using or otherwise accessing our website “https://hublyusa.com”, creating, using our contact us page, registering or accessing an account, purchasing any products or services via our website or its corresponding features, or manifesting your assent to these terms of service in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, these terms of service. If you do not unequivocally agree to these terms of service, you may not use or otherwise access our website “https://hublyusa.com”, create, register or access an account, access our website “https://hublyusa.com”, its features, or purchase any products or services via our website “https://hublyusa.com”. You agree that your electronic signature in these methods is the legal equivalent of your manual signature on this agreement. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act or action, or any other act or action in submitting materials to Hubly or accessing hublyusa content constitutes your electronic signature, acceptance and agreement. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or any resulting agreement between you and Hubly.
Legal Age Requirement
By registering with us or hiring our firm to provide you services, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). If you are under the legal age of consent, you have no right to open an account or purchase our products or services.
Changes to Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
Access and Service Availability
Access to our website “https://hublyusa.com”, its corresponding features, and platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our website “https://hublyusa.com”, its corresponding features, and platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website “https://hublyusa.com” and its corresponding features due to scheduled outages, and (y) unavailability caused by force majeure. We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach of our terms and conditions.
Termination or Suspension of Access
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach of our terms and conditions.
Electronic Signature
You agree that your electronic signature in these methods is the legal equivalent of your manual signature on this agreement. You further agree that your use of a keypad, mouse, or other device to select an item, button, icon, or similar act or action, or any other act or action in submitting materials to Hubly or accessing Hubly content constitutes your electronic signature, acceptance, and agreement. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or any resulting agreement between you and Hubly.
No Certification Authority
You agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or any resulting agreement between you and Hubly.
Printing of Terms
Please feel free to print out a copy of these Terms for your records.
Disclaimer of Legal Advice
Hubly maintains this website to provide general information about its services, employees, and general legal topics as reflected in links to legal articles, interviews, or opinion pieces. The law, however, changes quickly and varies from jurisdiction to jurisdiction. None of the information provided on this website or collateral marketing materials should be used or relied on as legal advice or legal opinions about any legal matter, facts, situations, or issues. The information on this website should not be used as legal or business advice in any way. Hubly does not provide tax or general business or financial advice.
Information
Any information that you send to Hubly via this website, or electronically, is not confidential information, unless we sign an NDA. Please do not send us confidential information through any electronic means including this website or email.
Ownership of Content
Hubly reserves all rights to the content, look, and feel of this website. All content on this website, including but not limited to text, images, illustrations, designs, icons, photographs, video clips, software, and written and other materials are trademarks, copyrighted material, or other intellectual property owned or licensed by Hubly. You may print and download information from this website for review and retain it for reference. All other uses of materials from this website, including all other copying, publishing, distribution, or transmission, whether in hard copy or electronic form, is strictly prohibited.
Accessibility Statement
Hubly is committed to ensuring digital accessibility for people with disabilities. Wherever possible, this website will adhere to level AA of the Web Content Accessibility Guidelines 2.0. These guidelines outline four main principles that accessible websites should be: Perceivable, Operable, Understandable, and Robust. We are constantly working towards improving the accessibility of our website to ensure we provide equal access to all of our users. Therefore, if you have feedback or concerns related to the accessibility of any content on this website, or have ideas or comments that would help us improve the accessibility and usability of our website, please contact us. If you have encountered a specific problem with the site, please include the web address or URL where you experienced difficulty and describe the specific problem(s) you have encountered.
Copyright and Copyright Notices
Hubly respects the intellectual property of others, and we ask our users to do the same.
Disclaimer as to Ownership of Trademarks
Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on our website “https://Hublyusa.com”, its corresponding features, and platform are in no way associated, linked, or affiliated with “https://Hublyusa.com”, its corresponding features, and technology platform. Any trademarks/names featured on our website, its corresponding features, and platform are owned by the respective trademark owners, unless otherwise stated. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services, and is in no way an assertion that such products or services are endorsed by or connected to Hubly, its website, corresponding features, and platform.
Indemnity
You agree to defend, indemnify, and hold Hubly and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
Applicable Law
These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida, in the judicial district that includes Miami, Florida. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Hubly and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
Disclaimer of Warranty
The material displayed on our website “https://Hublyusa.com”, its corresponding features, and technology platform is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Hubly, and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this mobile application, its corresponding features, and technology platform, or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise. This does not affect Hubly’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Limitation of liability
Under no circumstances shall Hubly be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our website “https://Hublyusa.com”, its corresponding features, and platform, including but not limited to reliance by a user on any information obtained at our website, its corresponding features, and technology platform, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and services available through the mobile application, its corresponding features, and technology platform. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, then in such states liability is limited to the fullest extent permitted by law.
IP Addresses
Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the Application from which you came and the uniform resource locator (URL) to which you proceed once you leave our platform. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Mobile Application. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this terms and conditions.
Links to other websites
Our website “https://Hublyusa.com”, its corresponding features, and technology platform may contain links to other websites or platforms (the «Linked Sites»), which are not operated by Hubly. Hubly has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
Both you and we acknowledge that, in entering into a Contract, neither you nor we have relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Assignment
You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Price and Payment
The price of any products will be as quoted on our website from time to time, except in cases of obvious error. Prices exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Confirmation Email.
Our website contains a large number of products and services, and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will verify prices as part of our order confirmation procedures. If a product’s correct price is higher than the price stated on our website, we will contact you to inform you of this issue, and you will have the option to proceed with the order at the correct price or cancel it.