Terms and Conditions, Privacy Statement and Cookie Statement
TERMS & CONDITIONS
1. CONTRACTUAL RELATIONSHIPThese Terms and Conditions (“Terms) govern the access or use by you, an individual, of applications, websites, content, products and services (the “Services”) made available by Formation Strategies, LLC dba HubRunner and its subsidiaries and affiliates (collectively, “HubRunner”). Please read these terms carefully before accessing or using the Services. In these terms, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and HubRunner. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. HubRunner may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity, promotion, product, service, application or partnership, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s).
2. THE SERVICESThe Services constitute a technology platform that enables users of HubRunner’s software applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule service, including website service and/or digital marketing services, with third party providers of such services, including independent third party service providers and third party digital marketing services providers under agreement with HubRunner or certain of HubRunner’s affiliates (“Third Party Providers”). Unless otherwise agreed by HubRunner in a separate written agreement with you, the Services are made available solely for your personal use. You acknowledge that HubRunner does not provide website or digital marketing services or function as a website development company.
LICENSESubject to your compliance with these Terms, HubRunner grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device(s) solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly herein are reserved by HubRunner and HubRunner’s licensors.
RESTRICTIONSYou may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HubRunner; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame and portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICESYou acknowledge that portions of the Services may be made available under HubRunner’s various brands or request options associated with website service or digital marketing service including the service request brands currently referred to as “HubRunner” and/or “HubRunner Pro”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of HubRunner’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including individual service providers, website service companies, website development companies, digital marketing agencies or providers of similar services.
OWNERSHIPThe Services and all rights therein are and shall remain HubRunner’s property or the property of HubRunner’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner HubRunner’s company names, logos, product and service names, trademarks or services marks or those of HubRunner’s licensors. HubRunner reserves the right to change the Services at any time for any reason in HubRunner’s sole discretion.
3. YOUR USE OF THE SERVICES
USER ACCOUNTIn order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to HubRunner certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account and you permit HubRunner to store such information. Your failure to maintain accurate, complete and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or HubRunner’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. HubRunner is not responsible for ensuring and maintaining the secrecy and security of your Account username, password or any other information associated with your Account. Unless otherwise permitted by HubRunner in writing, you may only possess one Account. HubRunner has the right to suspend or cancel your Account and revoke your access to the Services at any time for any reason, in HubRunner’s sole discretion and with or without notification to you. If your Account and access to the services is suspended or canceled, you may not continue or attempt to continue using or accessing the Services in any manner, including under a different Account.
USER REQUIREMENTS AND CONDUCTThe Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers through your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You will not use the Services to create, modify, distribute or otherwise interact with content, websites, applications, audio files, video files or any other form of media that involves, includes or relates in any way to: pornographic material, sexually explicit material, offensive material, illegal material or activities, harmful material, bulk emailing, distribution of viruses or malware, harmful or destructive activities, scams, phishing, unlawful solicitation of funds, deceptive activities of any kind, gambling or lotteries, defamatory or hateful content or language, revenge content or language, aids to pass drug tests, aids to pass lie detector tests, MLM without a legitimate product or service, reverse funnel systems, content or activities relating to illegal drugs or drug paraphernalia, illegal alcohol or tobacco sales, fake documents, email or hosting account reselling, reselling of any HubRunner Services without written consent from HubRunner, spamming or distribution of any unsolicited messages, links to sites that are in violation of HubRunner terms and conditions, any activity that HubRunner deems to be in poor taste or could reflect negatively on HubRunner or HubRunner’s users, partners or affiliates, and any type of content, language or insinuation that could be perceived as harmful, threatening, violent, abusive, harassing, vulgar, libelous, invasive of another’s privacy, prejudiced, or otherwise offensive in any manner. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You will maintain a consistent and high level of courtesy, respect and professionalism at all times when using, interacting with and otherwise engaging with the Services. You may be held legally responsible for damages suffered as a result of legally actionable or defamatory comments, remarks or other content or information created or submitted during your use of the Services.
All information you submit, post and otherwise use in connection with your Account must be in English. Such information (i) may not contain any information enabling or requesting contact or payment outside of the Services, (ii) must be of a professional nature and accurately describe the services requested, (ii) must comply with all sections of HubRunner’s Terms and policies, (iv) may not request any information or service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product, website or application, (v) may not involve content or information that is in any way related to adult, modeling, acting, explicit or pornographic content, (vi) must be true, accurate and complete. HubRunner reserves the right to verify any information you create or provide at any time during your use of the Services.
This agreement and your use of the Services does not create a partnership or agency relationship between you and HubRunner or any Third Party Provider or affiliate. You and Third Party Providers acknowledge that HubRunner has no obligation and makes no assurances to supervise, direct or control any Third Party Provider’s work or Services performed or provided to you. Users and Third Party Providers are responsible for all tax payments required under applicable law.
SUBSCRIPTIONS AND OTHER SERVICESFor Users who subscribe or have previously subscribed to a subscription product or service provided by HubRunner, HubRunner employees, affiliates and Third Party Providers may provide services directly to users including website design and layout, copywriting, technical support, search engine optimization, and interfaces for updating Users’ websites. Additionally, HubRunner may sell or provide other internet-related or service-related products and services on an ad hoc basis. Services may be provided under the HubRunner brand, or under a different brand, such as HubRunner Pro. For specific terms and conditions, Users of such Services should refer to the Terms and Conditions provided for the products and services they receive, such as those found on http://pro.hubrunner.com/legal.
TEXT MESSAGINGBy creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal operation of your use of the Services. You may opt out of receiving text (SMS) messages from HubRunner at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
PROMOTIONAL CODESHubRunner may, in HubRunner’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that HubRunner establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used of the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by HubRunner; (iii) may be disabled by HubRunner at any time for any reason without liability to HubRunner; (iv) may only be used pursuant to any specific terms that HubRunner establishes for the use of Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. HubRunner reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that HubRunner determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENTHubRunner may, in HubRunner’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HubRunner, the public, HubRunner’s users, partners, affiliates, and/or Third Party Providers, through the Services textual, conceptual, audio, and/or visual content and information, including content and information required to complete a service request, commentary and feedback related to the Services, initiation of service requests, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to HubRunner, you grant HubRunner a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HubRunner’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant HubRunner the license to the User Content as set forth above; and (iii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor HubRunner’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HubRunner is its sole discretion, whether or not such material may be protected by law. HubRunner may, but shall not be obligated to, review, monitor, or remove User Content, at HubRunner’s sole discretion and at any time and for any reason, without notice to you.
In no case will a Third Party Provider retain any rights of ownership, possession, title, paternity, integrity, disclosure, or withdrawal for any works, copyrightable works, work product, confidential information, content, intellectual property or other information associated in any manner with use of the Services. Any copyrightable works prepared for you by a Third Party Provider in connection with your Account and/or your use of the Services shall be owned by HubRunner, and HubRunner grants you an unlimited, worldwide, fully paid and unconditional license to use and commercialize the work product in any manner. HubRunner does not guarantee that work product created or delivered by the Third Party Provider excludes pre-existing intellectual property, content, information, software or technology, whether such pre-existing intellectual property is owned by the Third Party Provider or another third party, including code written by proprietary software companies or developers in the open source community without obtaining your prior written consent to the inclusion of such pre-existing intellectual property in the work product.
NETWORK ACCESS AND DEVICESYou are responsible for obtaining the network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. HubRunner does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. PAYMENTYou understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, HubRunner will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by HubRunner. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. HubRunner will respond accordingly to any request from a Third Party Provider to modify the charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by HubRunner using the prefered payment method designated in your Account, after which HubRunner will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HubRunner may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and HubRunner, HubRunner reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in HubRunner’s sole discretion. Further, you acknowledge and agree that Charges applicable for all Services or certain Services may increase substantially during times of high demand. HubRunner will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. HubRunner may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s complete delivery of such services or goods, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. HubRunner does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
5. DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNITYTHE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HUBRUNNER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HUBRUNNER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, SECURITY, LEGALITY OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HUBRUNNER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SECURITY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY HUBRUNNER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST PRODUCTION, INSTALLATION COSTS, REMOVAL COSTS, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HUBRUNNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HUBRUNNER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HUBRUNNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HUBRUNNER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HUBRUNNER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY BE PROVIDING SIMULTANEOUS SERVICE TO MULTIPLE PEOPLE WHO HAVE REQUESTED SERVICES AND MAY NOT BE PROFESSIONALLY CERTIFIED, LICENSED OR PERMITTED. IN NO EVENT SHALL HUBRUNNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). HUBRUNNER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE WEBSITE SERVICES AND DIGITAL MARKETING SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HUBRUNNER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDE UNDER APPLICABLE LAW.
INDEMNITYYou agree to indemnify and hold HubRunner and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) HubRunner’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. DISPUTE RESOLUTION
ARBITRATIONYou agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and HubRunner, except that each party retains 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. You acknowledge and agree that you and HubRunner are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and HubRunner otherwise agree in writing, the arbitrator may not consolidate more than person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAWThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
ARBITRATION PROCESSA 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 and a separate form for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas 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 AAA rules.
ARBITRATION LOCATION AND PROCEDUREUnless you and HubRunner 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 HubRunner submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If you claim exceeds $10,000, your right to a hearing will be determined by 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.
ARBITRATOR’S DECISIONThe arbitrator will render an award within the time frame specified by the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. 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.
FEESYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in AAA Rules.
CHANGESNotwithstanding the provisions of the modification-related provisions above, if HubRunner changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing HubRunner written notice of such rejection by mail or hand delivery to: HubRunner, Attn: Dispute Resolutions, PO Box 5456, Austin, TX 78763, or by email from the email address associated with your Account to email@example.com, within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and HubRunner in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. OTHER PROVISIONS
CHOICE OF LAWThese Terms are governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENTClaims of copyright infringement should be sent to HubRunner’s designated agent. To receive the designated address and additional information, please email your request to firstname.lastname@example.org.
NOTICEHubRunner may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to HubRunner, with such notice deemed given when received by HubRunner, at any time by first class mail or pre-paid post to HubRunner, Attn: User Notices - Legal, PO Box 5456, Austin, TX 78763.
GENERALYou may not assign these Terms without HubRunner’s prior written approval. HubRunner may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer or HubRunner’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, HubRunner or any Third Party Provider as a result of this Agreement or use of the Services. 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 to the fullest extent under law. HubRunner’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HubRunner in writing.
HubRunner collects information about you when you use our applications, websites and other products and services (collectively, the “Services”) and through interactions and communications you have with us. This Privacy Statement (“Statement”) applies to information collected and used by Formation Strategies, LLC dba HubRunner and its subsidiaries and affiliates (collectively, “HubRunner” or “we”).
SCOPE AND APPLICATIONThis Statement applies to persons anywhere in the world who (i) use our apps or Services to request, arrange and schedule services, including website service and/or digital marketing services, with third party providers of such services, including independent third party service providers and third party digital marketing services providers under agreement with HubRunner or certain of HubRunner’s affiliates (“Third Party Providers”), and/or (ii) use our apps or Services as Third Party Providers to provide website service and/or digital marketing services.
INFORMATION YOU PROVIDE TO USWe collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include your name, email, phone number, postal address, profile picture, payment method, items requested, notes, images, video files, and any other information you choose to provide.
INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICESWhen you use our Services, we collect information about you in the following general categories.
Location Information: When you use the Services from any device, we may collect precise location data about your request. If you permit HubRunner to access location services through the permission system used by your operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
Contacts Information: If you permit the HubRunner app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was requested and provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promotion code(s), we may associate your name with that person.
Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
Call and SMS Data: Our Services may facilitate communications between Users and Third Party Providers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONSMost mobile platforms (iOS, Android, etc.) have certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the HubRunner app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the HubRunner app seeks before you first use the app, and your use of the app constitutes your consent. The permissions we request may change over time.
INFORMATION WE COLLECT FROM OTHER SOURCESWe may also receive information from other sources and combine that with the information we collect through our Services. For example:
- If you choose to link, create or log in to your HubRunner account with a payment provider or social media service, or if you engage with a separate app or website that uses our API or whose API we use, we may receive information about you or your connections from that site or app.
- When you request on demand services, our Third Party Providers may provide us with a User rating after providing services to you.
- If you also interact with our Services in another capacity, for instance as a Third Party Provider or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User, partner or otherwise.
USE OF INFORMATIONWe may use the information we collect about you to:
- Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Third Party Providers, develop safety and security features, authenticate users, and send product updates and administrative messages;
- Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing and research; and to monitor and analyze usage and activity trends;
- Send or facilitate communications (i) between you and a Third Party Provider, such as statuses of your requests, or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, or request status sharing;
- Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of HubRunner and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
- Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
SHARING OF INFORMATIONWe may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
THROUGH OUR SERVICESWe may share your information:
- With Third Party Providers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating given by Third Party Providers, request details, and access to the relevant website property with Third Party Providers;
- With other people as directed by you, such as when you want to share your request status or details with other Users;
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
- With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
- With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
- With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our enterprise solutions such as HubRunner Pro.
OTHER IMPORTANT SHARINGWe may share your information:
- With HubRunner subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistical purposes;
- With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
- With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of HubRunner or others;
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
- If we otherwise notify you and you consent to the sharing; and
- In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
SOCIAL SHARING FEATURESThe Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide or share through them.
ACCOUNT INFORMATIONYou may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at email@example.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
ACCESS RIGHTSHubRunner will comply with individuals’ requests regarding access, correction, and/or deletion of personal data it stores in accordance with applicable law.
LOCATION INFORMATIONWe may request permission for our apps’ collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this may limit your ability to use certain features of our Services. Additionally, disabling our apps’ collection of precise location from your device will not limit our ability to collect or approximate location information from your IP address.
CONTACT INFORMATIONWe may also seek permission for our apps’ collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
PROMOTIONAL COMMUNICATIONSYou may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
COOKIES AND ADVERTISINGPlease refer to our Cookie Statement for more information about your choices around cookies and related technologies.
CHANGES TO THE STATEMENTWe may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
CONTACT USIf you have any questions about this Privacy Statement, please contact us at firstname.lastname@example.org, or write us at HubRunner, Attn: Legal, PO Box 5456, Austin, TX 78763.
COOKIES OVERVIEWCookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” For exampmle, cookies served by HubRunner while you are on www.hubrunner.com are first party cookies. Cookies served by companies that are not operating the domain you are visiting are called “third party cookies.” For example, we may allow Google to set a cookie on your browser while you visit www.hubrunner.com, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies” meaning that they survive after your browser is closed. For example, they may recognize your device when you reopen your browser and browse the Internet again.
OTHER IDENTIFICATION TECHNOLOGIESWe call this a Cookie Statement, but the statement addresses cookies and other identification technologies we may use or permit on our Services, “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a web page, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website or web page(s) visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache). “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of the code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about the user interaction with the app and information about the user device and network information.
YOUR CHOICESYou have the right to choose whether or not to accept cookies. However, they are an important part of how our Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the “Help” or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link. Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies, or for more information about them, please visit: https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.
TYPES AND PURPOSES OF COOKIESBelow, you will find a list of the different categories of cookies that our Services use and why we use them. The lists of third party cookie providers are intended merely as illustrative and are not comprehensive.
- Type of Cookie: Authentication cookies
- Purpose: These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can show you the appropriate experience and features such as your account information, request history, and to edit your account settings.
- Who Serves (for example): HubRunner
- Type of Cookie: Security and site integrity cookies
- Purpose: We use these cookies to support or enable security features to help keep HubRunner safe and secure. For example, they enable us to remember when you are logged into a secure area of the Services and help protect your account from being accessed by anyone other than you.
- Who Serves (for example): HubRunner
- Type of Cookie: Localization
- Purpose: These cookies help HubRunner provide a localized experience. For example, we may store information in a cookie that is placed on your browser or device so you will see the site in your preferred language.
- Who Serves (for example): HubRunner
- Type of Cookie: Site features and services
- Who Serves (for example): HubRunner, Facebook, Twitter, Google
- Type of Cookie: Analytics and research
- Who Serves (for example): HubRunner, Google, MixPanel, Optimizely
- Type of Cookie: Advertising
- Purpose: Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies, pixels and other similar things to serve you ads that may be interesting to you on other websites. Similarly, our partners may use a cookie, attribution service, or another similar technology to determine whether we’ve serves and ad and how it performed or provide us with information about how you interacted with them. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices if you are in the United States, or www.youronlinechoices.eu/ if you are outside the United States.
- Who Serves (for example): HubRunner, Google, Facebook, AOL, Microsoft, Yahoo, Drawbridge, Indeed, Recruitics, RocketFuel, Simplyhired, Twitter, Ziprecruiter, Mixpanel, HasOffers/Tune, Shareasale, Adjust, AdRoll, Quantcast, Kenshoo
NOTIFICATION OF COPYRIGHT INFRINGEMENTHubRunner respects the intellectual property rights of others and expects its users to do the same. It is HubRunner’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, HubRunner will respond expeditiously to claims of copyright infringement committed using the HubRunner website or other online network accessible through a mobile device or other type of device (the “Sites) that are reported to HubRunner’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to HubRunner’s Designated Copyright Agent. Upon receipt of the Notice as described below, HubRunner will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by the Notice – you may provide a representative list of the copyrighted works you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- include both of the following statements in the body of the notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items complete, to HubRunner’s Designated Copyright Agent: Copyright Agent, c/o HubRunner, PO Box 5456, Austin, TX 78763, or email email@example.com with the subject “DMCA Notice of Alleged Infringement”
RESPONSIBLE DISCLOSURE POLICYMaintaining the safety and privacy of your data with HubRunner is one of our top goals. If you are a security researcher or any other perceptive user and have discovered a security vulnerability in one of our products, please contact us at firstname.lastname@example.org. We consider security vulnerability reports to be of the highest priority, and we will investigate them as quickly as possible.
For vulnerabilities reported to us in compliance with this disclosure policy, HubRunner commits to validate, respond to, and fix vulnerabilities in a timely fashion and to not take legal or administrative action against responsible vulnerability reporters. HubRunner reserves all of its legal rights in the event of noncompliance. Please include the following in security submissions: Your email address; your full name; summary of issue (e.g. XSS on Page Foo, CSRF on Page Bar, SQLI in App Baz); and steps to reproduce the issue.
UNSOLICITED IDEA SUBMISSION POLICYHubRunner or any of its subsidiaries or employees (“affiliates”) do not accept or consider unsolicited ideas or suggestions from your or other third parties so as to avoid any potential misunderstandings or disputes in the event that HubRunner’s products, services or marketing strategies seem similar to unsolicited ideas submitted to HubRunner. Unsolicited ideas or suggestions include, but are not limited to, ideas for new or improved technologies, products, services, processes, materials, names, artworks, or advertisements, promotions, or other marketing plans or campaigns.
As HubRunner respects your rights to your ideas, please do not submit any unsolicited ideas or suggestions (“submissions”) in any form to HubRunner or any of its affiliates. If you still choose to submit any unsolicited ideas or suggestions despite our request that you do no, regardless of what you communication regarding your submission(s) says, the following terms shall apply to your submissions:
You agree that:
1. Your submissions and their contents will automatically become the property of HubRunner, without any compensation to you; 2. HubRunner has no obligation to review your submissions; 3. HubRunner may make, use, sell or distribute your submissions and their contents for any purpose in any way; and 4. HubRunner has no obligation to keep your submissions confidential.