Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS ("AGREEMENT" OR "TERMS & CONDITIONS") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY Cubed LLC ("Hubinero"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS & CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.HUBINERO.COM (THE "SITE") AND ALL SERVICES PROVIDED BY HUBINERO ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Hubinero is a Venue
Hubinero acts as a venue to allow users who comply with Hubinero’s policies to offer, sell, buy and trade certain bicycle related goods within an auction format. Hubinero is not involved in any part of the transaction. We do not play a role in any kind of payment, escrow or transfer services whatsoever. We do not offer “buyer protection” or “guarantees” of any kind.
As a result, Hubinero has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Hubinero does not pre-screen users or the content or information provided by users. Hubinero cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Hubinero does not transfer legal ownership of items from the seller to the buyer.
Hubinero cannot guarantee the true identity, age, and nationality of a user. Hubinero encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Hubinero is a venue and in no event shall Hubinero (and Hubinero's officers, directors, agents, subsidiaries, joint ventures and employees) be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Hubinero website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Membership Eligibility
Hubinero's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Hubinero may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Hubinero's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Hubinero of any unauthorized use of your password or any breach of security. You also agree that Hubinero cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Hubinero without Hubinero's express written permission.
Hubinero’s services are not available to temporarily or indefinitely suspended Hubinero members. Hubinero reserves the right, in Hubinero's sole discretion, to cancel unconfirmed or inactive accounts. Hubinero reserves the right to refuse service to anyone, for any reason, at any time.
Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Hubinero’s published policies and any applicable law. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with accurate titles. Each listing must accurately and completely describe the item/items for sale in that listing.
If sellers open a Hubinero shop, all sellers are urged to outline their shop policies. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Hubinero's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Hubinero reserves the right to request that a seller modify a shop policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Hubinero and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Hubinero.
Restricted Activities: Your Content and your use of Hubinero shall not:
Content
Hubinero does not claim ownership rights in your Content. You grant Hubinero a license solely to enable Hubinero to use any information or Content you supply Hubinero with, so that Hubinero is not violating any rights you might have in that Content. You grant Hubinero a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Hubinero to store or re-format your Content on Hubinero and display your Content on Hubinero in any way as Hubinero chooses. Hubinero will only use personal information in accordance with Hubinero's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address, shipping information and possibly even a phone number, from another Hubinero user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Hubinero-related communications. Hubinero has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Hubinero user to your email or physical mail list.
By posting Content on Hubinero, it is possible for an outside website or a third party to re-post that Content. You agree to hold Hubinero harmless for any dispute concerning this use. If you choose to display your own Hubinero-hosted image on another website, the image must provide a link back to its listing page on Hubinero.
Hubinero considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Hubinero shall not be liable for the disclosure or use of such Material. If, at Hubinero's request, any member sends Material to improve the site (for example through the Forums or to customer support), Hubinero will also consider that Material to be non-confidential and non-proprietary and Hubinero will not be liable for use or disclosure of the Material. Any communication by you to Hubinero is subject to this Agreement. You hereby grant and agree to grant Hubinero, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Information Control
Hubinero does not control the Content provided by users that is made available on Hubinero. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Hubinero, you agree to accept such risks and that Hubinero (and Hubinero's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Hubinero. Please use caution, common sense, and practice safe buying and selling when using Hubinero.
Hubinero is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Hubinero does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Hubinero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Hubinero, please contact Hubinero. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Washington County, Oregon, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Oregon. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Hubinero agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Hubinero (and Hubinero's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Hubinero encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Hubinero's Intellectual Property
HUBINERO, and other Hubinero graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Hubinero is a Venue
Hubinero acts as a venue to allow users who comply with Hubinero’s policies to offer, sell, buy and trade certain bicycle related goods within an auction format. Hubinero is not involved in any part of the transaction. We do not play a role in any kind of payment, escrow or transfer services whatsoever. We do not offer “buyer protection” or “guarantees” of any kind.
As a result, Hubinero has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Hubinero does not pre-screen users or the content or information provided by users. Hubinero cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Hubinero does not transfer legal ownership of items from the seller to the buyer.
Hubinero cannot guarantee the true identity, age, and nationality of a user. Hubinero encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Hubinero is a venue and in no event shall Hubinero (and Hubinero's officers, directors, agents, subsidiaries, joint ventures and employees) be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Hubinero website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Membership Eligibility
Hubinero's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Hubinero may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Hubinero's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Hubinero of any unauthorized use of your password or any breach of security. You also agree that Hubinero cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Hubinero without Hubinero's express written permission.
Hubinero’s services are not available to temporarily or indefinitely suspended Hubinero members. Hubinero reserves the right, in Hubinero's sole discretion, to cancel unconfirmed or inactive accounts. Hubinero reserves the right to refuse service to anyone, for any reason, at any time.
Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Hubinero’s published policies and any applicable law. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with accurate titles. Each listing must accurately and completely describe the item/items for sale in that listing.
If sellers open a Hubinero shop, all sellers are urged to outline their shop policies. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Hubinero's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Hubinero reserves the right to request that a seller modify a shop policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Hubinero and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Hubinero.
Restricted Activities: Your Content and your use of Hubinero shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Hubinero staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain pornography of any kind.
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Hubinero or modify another website so as to falsely imply that it is associated with Hubinero;
- Appear to create liability for Hubinero or cause Hubinero to lose (in whole or in part) the services of Hubinero's ISPs or other suppliers.
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Hubinero.
- Furthermore, you may not list any item on Hubinero (or consummate any transaction that was initiated using Hubinero's service) that cause a violation of any applicable law, statute, ordinance or regulation, or that violates the Terms & Conditions.
Hubinero does not claim ownership rights in your Content. You grant Hubinero a license solely to enable Hubinero to use any information or Content you supply Hubinero with, so that Hubinero is not violating any rights you might have in that Content. You grant Hubinero a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Hubinero to store or re-format your Content on Hubinero and display your Content on Hubinero in any way as Hubinero chooses. Hubinero will only use personal information in accordance with Hubinero's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address, shipping information and possibly even a phone number, from another Hubinero user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Hubinero-related communications. Hubinero has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Hubinero user to your email or physical mail list.
By posting Content on Hubinero, it is possible for an outside website or a third party to re-post that Content. You agree to hold Hubinero harmless for any dispute concerning this use. If you choose to display your own Hubinero-hosted image on another website, the image must provide a link back to its listing page on Hubinero.
Hubinero considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Hubinero shall not be liable for the disclosure or use of such Material. If, at Hubinero's request, any member sends Material to improve the site (for example through the Forums or to customer support), Hubinero will also consider that Material to be non-confidential and non-proprietary and Hubinero will not be liable for use or disclosure of the Material. Any communication by you to Hubinero is subject to this Agreement. You hereby grant and agree to grant Hubinero, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Information Control
Hubinero does not control the Content provided by users that is made available on Hubinero. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Hubinero, you agree to accept such risks and that Hubinero (and Hubinero's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Hubinero. Please use caution, common sense, and practice safe buying and selling when using Hubinero.
Hubinero is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Hubinero does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Hubinero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Hubinero, please contact Hubinero. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Washington County, Oregon, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Oregon. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Hubinero agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Hubinero (and Hubinero's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Hubinero encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Hubinero's Intellectual Property
HUBINERO, and other Hubinero graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of