THIS AGREEMENT WAS LAST UPDATED ON March 16, 2012.
This Subscriber Agreement governs
your use of The HubTack Member Services Section of the HubTack web site and,
unless other terms and conditions expressly govern, any other electronic
services from HubTack that may be made available from time to time (each, a
If you agree to be bound by the terms of this Agreement, you should click on
the "I AGREE" button at the end of this Agreement. If you do not agree
to be bound by the terms of this Agreement, you should click "I DISAGREE."
If you click "I DISAGREE," you will not be able to proceed with registration
process for the respective Service and become a subscriber.
Changes to Subscriber Agreement
We may change the terms of this Agreement at any time by notifying you of the
change in writing or electronically. The changes also will appear in this
document, which you can access at any time by going to the Subscription Services section
the HubTack web site. You signify that you agree to be bound by such changes by using a
Service after changes are made to this Agreement.
Registration data and other information about you are subject to our
You can always find the current subscription fees for a Service in the
FAQ under Subscription Services.
You agree to pay the subscription fees and any
other charges incurred in connection with your user name and password for a
Service (including any applicable taxes) at the rates in effect when the
charges were incurred. We will bill all charges automatically to your credit
card. Subscription fees will be billed at the beginning of your subscription or
any renewal. Subscription fees are nonrefundable. Pay per view fees
maybe refundable in accordance with our Refund Policy.
We may change the fees and charges then in effect, or add new fees or charges, by
giving you notice in advance. If you want to use a different credit card or
there is a change in credit card validity or expiration date, or if you believe
someone has accessed a Service using your user name and password without your
authorization, you must follow the procedures outlined in the Refund Policy.
You are responsible for any fees or charges incurred to access
a Service through an Internet access provider or other third-party service.
Your subscription will renew automatically, unless we terminate it or you notify
us by telephone or mail of your decision to terminate your subscription. You must
cancel your subscription before it renews in order to avoid billing of subscription
fees for the renewal term to your credit card.
Limitations on Use
You agree not to sell, publish, distribute, retransmit or otherwise provide access
to the content received through the Services to anyone. The documents you
receive are for your use or the use of your firm in conducting a land survey or
a proposal to conduct a land survey. The only exception on use is that
copies of the documents may given to your client as a part of your proposal to
conduct a land survey or as a part of a land survey that you conduct.
You agree not to use the Services for any unlawful purpose. We reserve the right to
terminate or restrict your access to a Service if, in our opinion, your use of
the Service may violate any laws, infringe upon another person's rights or
violate the terms of this Agreement. Also, we may refuse to grant you a user
name that impersonates someone else, is protected by trademark or other
proprietary right law, or is vulgar or otherwise offensive.
Third Party Web Sites, Services and Software
We may link to, or promote, web sites or
services from other companies on a Service or offer you the ability to download
software from other companies. You agree that we are not responsible for, and
do not control, those web sites, services and software.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE
THROUGH THE SERVICES IS ON AN "AS-IS", "AS
AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
HUBTACK AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES AND LICENSORS ("THE HUBTACK PARTIES") WILL NOT BE LIABLE
(JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS
OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE,
OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS
AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT
CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF
ANY OF THE HUBTACK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE
FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL
PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF
THIS SECTION TO BE UNENFORCEABLE, THEN THE HUBTACK PARTIES' LIABILITY WILL BE
LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement contains the final and entire agreement between us regarding your
use of the Services and supersedes all previous and contemporaneous oral or written
agreements regarding your use of the Services. We may discontinue or change the
Services, or their availability to you, at any time. This Agreement is personal to you,
which means that you may not assign your rights or obligations under this
Agreement to anyone. No third party is a beneficiary of this Agreement. You
agree that this Agreement, as well as any and all claims arising from this
Agreement will be governed by and construed in accordance with the laws of the
State of Illinois, United States of America applicable to contracts made entirely
within Illinois and wholly performed in Illinois, without regard
to any conflict or choice of law principles. The sole jurisdiction and venue
for any litigation arising out of this Agreement will be an appropriate federal
or state court located in Illinois.