Terms of Use

WhoHub™ Technologies Terms of Service

ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY WhoHub  (“SERVICES”) THROUGH THE WEBSITE LOCATED AT: https://whohubapp.com/terms-of-use AND WhoHub’s APPLICATION.THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH WhoHub AND USE OF THE SOFTWARE AND SERVICES PROVIDED THROUGH THE WhoHub WEBSITE AND APPLICATION. WhoHub HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATION ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATION INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR APPLICATION SERVICES.

THESE TERMS OF SERVICE INCLUDES WhoHub’s PRIVACY POLICY LOCATED AT https://whohubapp.com/privacy WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.

Acceptance of Terms of Service

These Terms of Service (the “Agreement” or “Terms of Service”) are a legally-binding agreement between you, either an individual or an entity (“you” or “user”), and WhoHub Inc., a Commonwealth of Virginia corporation, regarding use of the website located at: https://whohubapp.com/terms-of-use (the “Website”) application for various mobile platforms (“Application”), including the WhoHub software application that you are about to download,downloaded, or otherwise obtained through WhoHub’s website(s), Apple Inc.’s App Store, Google Play or other resources or media, including, without limitation (a) all of the contents of the files in any media with which this Agreement is provided or referenced to (the “Software”), all successor upgrades, revisions, patches, enhancements,fixes, modifications, copies, additions, or maintenance releases of the Software, if any, including new builds of the same version or release, licensed to you by WhoHub (collectively, the “Updates”), provided that the Updates shall not include new subsequent releases of the Software bearing a new first numeral (e.g. 3.0 or 4.0) or a change in a decimal number(e.g. 3.8 or 3.9), which shall  be deemed new releases of the Software (“New Releases”), and the Services, as defined below. WhoHub makes the Website, Application, Software, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, Application, Software, and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document.  By accessing and using the Website,Application, and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website and/or Application.

If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website, Application, Software, or Services.  If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Website, Application, Software, or Services,then you should NOT use the part of the Website, Application, Software, or Services that contains such Content or through which such transactions are concluded.  Also, when you use any current or future WhoHub Services, Application, or visit the Website or obtain any products or services, whether free of charge or for payment, provided byWhoHub, you will be subject to the guidelines and conditions applicable to such products or services.

From time to time, WhoHub may find the need to make changes to these Terms of Services. Upon notice given by one or more of the following means: upon notice given to you after you login to your Account (defined below)on the WhoHub website, by email communication to the email address provided by you when you setup your Account or otherwise on record for your Account, or by written mail communication to the address on record for your Account.  It is important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account.  You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account.  You are solely responsible for all activities that occur under your Account, whether or not you know about them.  By using our Services and providing us with your contact information, you agree that we can send you communications about our Services.  You will be given the opportunity to opt-out,provided that, if you choose to opt-out all or part of the Service may no longer be available to you.

Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website, Application,Software, and Services.  Specific terms and conditions may apply to non-user generated Content.  Such specific terms may be in addition to these Terms of Service, or where inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.

WhoHub reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice.  WhoHub also reserves the right to terminate or restrict your access to the Website, Application, Software, and Services or any portion thereof for any reason whatsoever at its sole discretion.

Account Information

When creating or updating your Account, you may be required to provide WhoHub with certain personal information, including but not limited to your name, birth date, gender, e-mail address, mailing addresses, location,login and password.  This information will be held and used in accordance with the WhoHub Privacy Policy at: https://whohubapp.com/privacy.  You agree that you will supply accurate and complete information to WhoHub, and that you will update such information promptly.

You hereby acknowledge and agree that your login and name may be publicly available to other users and some search engines may index your name.

During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:

  • You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify WhoHub and modify your Login Information;
  • You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
  • You are solely responsible for any unauthorized use of your Account.

WhoHub reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to claims by a third party that your username violates such third party’s rights.

The following restrictions and conditions apply to the use of the Website and creating and maintaining a Website account (an “Account”):

  • You shall not create an Account or access the Website if you are under the age of 13;
  • You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13.  You accept full responsibility for any unauthorized use of the Website by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
  • You shall not use the Website if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Department’s list of Specially Designated Nationals; and
  • You shall not use your Account to engage in any illegal conduct.

Users’ Obligations

You agree to use the Website, Application, Software, and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.  WhoHub IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST.  IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, APPLICATION, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS.  Specifically, you agree and warrant that in using the Website, Application, Software, and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where WhoHub is located or operates.  This includes complying with applicable export and import restrictions as well as other restrictions.

Use of the Website, Application, Software, and Services

You agree not to access (or attempt to access) the Services by any means other than those provided by WhoHub or its authorized partners.  You agree not to access (or attempt to access)the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, Application, Software,or Services (or the servers and networks which are connected to the Website,Application, Software, or Services).

Further, you agree:

  • not to disrupt or interfere with any other user’s enjoyment of the Website, Application, Software, or Services or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Website, Application, Software, or Services any viruses or other harmful, disruptive, or destructive files;
  • not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and
  • not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Application Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, Application, Software, or Services or any affiliated or linked sites.

Additional Terms for Application

If you download an Application from any application store or distribution platform (such as the Apple’s App Store or Google Play) where the Application is made available (each, an “Application Provider”), then you acknowledge and agree that:

  • These Terms of Service are concluded between you and WhoHub, and not with the Application Provider, and that other than in connection with any action arising out of the Application Provider activity, WhoHub (not the Application Provider), is solely responsible for the Application.
  • The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
  • In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider will refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application.  Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WhoHub.
  • The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii)     claims arising under consumer protection or similar legislation.
  • In the     event of any third party claim that the Application or your possession and     use of that Application infringes that third party's intellectual property     rights, WhoHub will be solely responsible for the investigation, defense,     settlement, and discharge of any such intellectual property infringement     claim to the extent required by these Terms of Service.
  • The     Application Provider and its subsidiaries are third party beneficiaries of     these Terms of Service as related to your license of the Application, and     that, upon your acceptance of the terms and conditions of these Terms of Service,     the Application Provider will have the right (and will be deemed to have     accepted the right) to enforce these Terms of Service as related to your     license of the Application against you as a third party beneficiary     thereof.
  • The Application Provider grants you the non-exclusive and non-transferable license to store, load, install, execute, and display the Services on a designated number  of     computers, workstations, ‘smart phones,’ mobile phones, hand-held devices, or other electronic devices for which the software was designed (each a “Client     Device”) by a number of authorized users (either you, your employee, agent or WhoHub approved vendor) as provided under the Enterprise License pursuant to the terms set forth hereto or all other applicable documentation, including, without limitation, to the Terms are Services which are integrated herein by reference.  You hereby agree and accept that you or anyone within your company may install and use the Services on Client Devices, subject to applicable fee,  located within a single country, unless otherwise specifically agreed by WhoHub.  Additionally, the individual licensing terms may specify other terms, conditions and restrictions of using the Services.
  • You must also comply with all applicable third party terms of service when using the Application.
  • You agree to comply with all applicable laws and regulations.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Website, Application, Software,and Services by you (“User Submissions”) will be subject to these Terms of Service and Privacy Policy https://whohubapp.com/privacy.  The security of such information is very important to WhoHub.  WhoHub takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.  We may not monitor or control the User Submissions posted via the Services and, we do not take responsibility for such User Submissions.  Any use or reliance on any User Submissions or materials posted via the Services or obtained by you through the Services is at your own risk.  Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Websites.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT WhoHub IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON WhoHub.

When you provide User Submissions via our Services, you hereby grant to WhoHub a non-exclusive, worldwide, perpetual, irrevocable,fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Submission in connection with our Services.  We will not pay you or otherwise compensate you for any User Submissions you provide to WhoHub.

WhoHub offers forums where you can post your observations and comments on designated topics.  WhoHub Account holders can create forum topic threads.  WhoHub, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others’ intellectual property rights.  Please note that everything you share in a forum may be seen and used by other users of the Services.

WhoHub Forum Guidelines

  • Be respectful.  We welcome debate, but we will not tolerate disrespectful language or personal attacks.  Please avoid controversial topics such as politics, race, religion, and sexuality.  We reserve the right to edit or remove any controversial content.
  • No solicitation.  Real estate agents and other professionals are welcome here, but not to promote your services.  You can include your brokerage, but no contact information or website addresses.
  • No spamming.  Please do not post advertising, junk mail, spam, scams, or chain letters.
  • No illegal or offensive posts.  Any content that contains illegal, inflammatory, libelous, obscene, or pornographic material will be removed.
  • No public posting of private information or other people’s unpublished contact information.  This also includes communications from community administrators and moderators.
  • Moderation. We reserve the right to monitor content and delete or retain content in our sole discretion.

Terms and Termination.

The term of these Terms of Service (“Term”) shall begin when you start using the Website, Application, Software, or Services and shall continue in perpetuity unless otherwise terminated by WhoHub or by mutual consent.  WhoHub reserves the right to change, suspend, or discontinue the Services or any portion thereof, at anytime.  Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.  Upon any termination or expiration of these Terms of Service, you must immediately cease using the Website, Application,and the Services including without limitation any use of WhoHub’s trademarks,trade names, copyrights, and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WhoHub WEBSITE, APPLICATION, SOFTWARE, OR SERVICES IN ANYWAY.

Links to Other Sites; Third Party Materials and Transactions

The Website, Application, Software, and Services include links to other Websites and/or third party products and that are not under WhoHub’s control (collectively, “Third Party Materials”). WhoHub shall not be responsible in any way for such Third Party Materials.  WhoHub provides such links only for the convenience of the users of the Website, Application, Software, and Services,and the inclusion of any link to any Third Party Materials does not imply endorsement by WhoHub of the content, products and/ or services of such Third Party Materials.  Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

You acknowledge and agree that the Services provided through this Website and/or Application, among other things enables you to solicit and/or obtain third party products and services (each a “Transaction”).  You acknowledge that all Transactions are between you and the third party or another user, as applicable, and that WhoHub is not a party to any such Transactions.  You further acknowledge and agree that WhoHub is not responsible for the quality or any other aspect of services of any third party or other user and shall not have any liability or responsibility to you or any other third person with regard to products or services obtained through WhoHub’s Services.  You acknowledge and agree that any dispute regarding the Transaction shall be between you and that third party or another user, and not against WhoHub.

You acknowledge and agree that the Application and/or Services, among other things enable you to make payment to another user and/or to WhoHub in connection with the Transaction. Transactions are processed via a third party payment establishment (a “Payment Vendor”).  By processing a payment in connection with a Transaction via the Application, you authorize a Payment Vendor to charge your credit card or other payment method that is maybe stored through Application.  Transactions processed via the Application may also be subject to the terms and conditions of the applicable Payment Vendor.

WhoHub, at its sole discretion, make promotional offers with different features and different rates to any of its customers.  These promotional offers, unless made to you,shall have no bearing whatsoever on your offer or contract with WhoHub or another user.  WhoHub may change the fees for our Service and/or Application at our sole discretion.  We encourage you to check back at our Website periodically if you are interested about how we charge for the Service and/or Application.

Rules for Real Estate Professionals

If you are a real estate professional, you agree that you will not claim or submit listings or other real estate information or communications that are not represented by you or in violation of any applicable rule or regulation of real estate agents or brokers or any applicable law.

If you are a real estate professional, you agree that you will not use any information about WhoHub users that is made available to you during your use of the Services (for example, contact information sent to you when a user contacts you through Forum) for any reason except to provide those users with services for which they contacted you.  You shall not rent, sell, or otherwise provide this information to any third party.  Further, you shall not spam, harass, or use such information for any illegal or harmful purpose or in any manner that reflects poorly on WhoHub.  You may only use the Website, Application, Software, Services, and Content in compliance with all applicable laws, rules, and regulations.

Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the country.  We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Intellectual Property and Non-Disclosure

Copyright, trademark, and all other proprietary rights in the Website, Application, Software, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with WhoHub and/or its licensors.  Unless otherwise specifically provided herein or authorized by WhoHub in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved.  You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign,distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Application, Software, or Services, other than in conjunction with the Services offered by WhoHub through the Website and/or Application.

WhoHub hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names, or other intellectual property interests of third parties.  All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website and/or Application are the properties of their respective owners.  WhoHub disclaims any proprietary interests in the intellectual property rights other than their own.

You agree that, unless otherwise specifically provided herein, the Software, including the specific design and structure of individual programs and the Software, constitute confidential and/or proprietary information of WhoHub or its suppliers.  

You agree not to transfer, copy, disclose,provide or otherwise make available such information in any form to any third party.  You agree not to modify or alter the Software in any way.  You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.

No Endorsements

WhoHub does not sponsor, endorse,recommend or approve of any real estate agent, broker, mortgage broker, vendor,or other home-related service provider who offers their services through the Website,Application, Software, or Services.  While we obligate the participating real estate agents, brokers, and other home-related service providers to confirm that they are licensed to perform their respective services, we cannot and do not independently verify such information and we do not represent or warrant that any real estate agent, broker,vendor, or other home-related service provider who offers services through the Website,Application, Software, or Services is licensed, qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WhoHub.

Grant of Software License

Software License.  WhoHub grants you a non-exclusive and non-transferable license to store, load, install, execute, and display (to“Use”) the WhoHub Application and solely in connection with the Services described in this Agreement on, as applicable, a designated number  of computers, workstations,‘smart phones,’ mobile phones, hand-held devices, or other electronic devices for which the Application was designed (each a “Client Device”) by, as applicable, a number of authorized users (either you, your employee or agent)as provided under a specific license (set forth below) (“Permitted Users”)pursuant to the terms set forth hereto or all other applicable documentation,including, without limitation,  the WhoHub Privacy Policy set forth at https://whohubapp.com/privacy,the WhoHub Enterprise License Addendum and related invoicing terms, as applicable, which are integrated herein by reference (“License”) and you hereby agree and accept such License as follows:

  • The Application is licensed where a single or multiple Licenses are purchased, you are allowed to Operate the Application by a single (1) Permitted User or multiple Permitted Users on Client Devices, where the applicable product invoicing or packaging for the Application, the employees and/or members of your organization, up to the maximum number of Permitted Users, may install and Use the Application, subject to applicable fee, unless otherwise specifically agreed by WhoHub.
  • Restrictions. Under no circumstances shall you sell, loan, rent, lease, loan,license, sublicense, publish, display, distribute, or otherwise transfer to a third party the Application, any copy or use thereof, in whole or in part,without WhoHub’s prior written consent.
  • Prohibitions. Except as otherwise specifically provided for in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell,modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the Application to human readable form or transfer the licensed Application,or any subset of the licensed Application, nor permit any third party to do so,except to the extent the foregoing restriction is expressly prohibited by applicable law.  Notwithstanding the foregoing sentence, decompiling the Application is permitted to the extent the laws of your jurisdiction give you the non-waivable right to do so to obtain information necessary to render the Application interoperable with other software; provided, however, that you must first request such information from WhoHub and WhoHub may, in its discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Application to ensure that WhoHub’s and its suppliers and/or WhoHub’s proprietary rights in the Application are protected.  You may not modify, or create derivative works based upon the Application in whole or in part.  Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution.  Neither Application’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of WhoHub. All rights not expressly granted here are reserved by WhoHub and/or its suppliers and licensors, as applicable.

Warranties and Disclaimers

NO IMPLIED OR OTHER WARRANTIES.EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND WhoHub MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE OPERATION OF THIS WEBSITE, APPLICATION, SOFTWARE, SERVICES, THE CONTENT OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE.  YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.  WhoHub MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WhoHub DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE APPLICATION, SOFTWARE, WEBSITE,SERVICES, OR CONTENT.  YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WhoHub DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES.  THEREFORE, WhoHub EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY,ACCESSIBILITY, OR PERFORMANCE.    

WhoHub DOES NOT WARRANT THAT THE APPLICATION,WEBSITE, SERVICES, SOFTWARE, CONTENT, OR THE SERVERS WHICH MAKE THIS APPLICATION OR WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY WhoHub ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.  Except as agreed by WhoHub in writing,contractors, agents, dealers or distributors of WhoHub or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE WEBSITE, APPLICATION, SOFTWARE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  WhoHub ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE, APPLICATION, OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE AND/OR APPLICATION.  NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WhoHub OR FROM THE WEBSITE AND/OR APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY WhoHub OR A THIRD PARTY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WhoHub OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL WhoHub’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU

The Website, Application, Software, and Services may contain references to specific WhoHub products and services that may not be available in a particular country.  Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website,Application, Software, and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, Application, Software, and Services at your own risk.

IN NO EVENT SHALL WhoHub OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT,REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, APPLICATION, SOFTWARE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, APPLICATION, SOFTWARE, OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATION THAT ARE DELAYED OR INTERRUPTED, EVEN IF WhoHub HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ANY ACTION BROUGHT AGAINST WhoHub PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO WhoHub IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Feedback

You may from time to time provide suggestions, comments or other feedback to WhoHub with respect to any product, material, software, or information provided by WhoHub(hereinafter “Feedback”).  You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for WhoHub.  WhoHub will not disclose the source of any feedback without notice to the providing party.  However, WhoHub shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you.  The foregoing shall not, however,affect either party’s obligations hereunder with respect to the information protected pursuant to WhoHub’s Privacy Policy posted on this Website or Application.

Notice and Procedure for Making Claims of Copyright Infringement

It is WhoHub policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act).  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WhoHub Copyright Agent (defined below) with the written information specified below.  (Please note that this procedure is exclusively for notifying WhoHub and its affiliates that your copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WhoHub’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows (“Copyright Agent”):

Name: Dmitri I. Dubograev, Esq.

Address: 901 N. Pitt St., Suite 325, Alexandria, VA 22314

E-mail: info@legal-counsels.com

Your Warranties

YOU HEREBY WARRANT THAT: (i)ALL INFORMATION PROVIDED BY YOU TO WhoHub IN CONNECTION WITH THE WEBSITE,APPLICATION, SOFTWARE, AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE;(ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE;(iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WhoHub; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS;AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE, APPLICATION, SOFTWARE, AND/OR SERVICES AND THAT IS NOT PROVIDED BY WhoHub DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (FURTHER DESCRIBED BELOW), (2) CONSTITUTE DEFAMATION,LIBEL, OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY,BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY,(4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW,STATUTE, ORDINANCE, OR REGULATIONS, INCLUDING ANY EXPORT OR IMPORT REGULATIONS,(6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES, OR (7) SUBMIT ANY MATERIAL THAT IS UNLAWFUL, THREATENING, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE.

Unlawful or Prohibited Use

You agree that you will not:

  • Use the Website, Application, Software, or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, Application, Software, or Services;
  • Engage in any act that WhoHub deems in its reasonable discretion to be in conflict with the spirit or intended use of the products and related service;
  • Use the Website, Application,Software, or Services in any manner that could damage, disable, overburden, or impair the Website, Application, Software, or Services , or that interferes with any third party’s use and enjoyment of the Website, Application, Software,or Services;
  • Use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website, Application, Software, or Services;
  • Make improper Use of WhoHub’s Website,Application, Software, or Services that has not already been stated herein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available by WhoHub to all users of the Website, Application, Software, or Services;
  • Institute,assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Website, Application,Software, or Services, or other attempts to disrupt the related service;
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an WhoHub employee;
  • Use,facilitate, create, or maintain any unauthorized connection with the Website, Application,Software, or Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website, Application,Software, or Services; or (2) any connection using programs, tools, or software not expressly approved by WhoHub;
  • Bundle the Software in whole or in part with any other products, applications or extensions without WhoHub’s prior explicit written approval;
  • Distribute or otherwise disseminate the Software in whole or in part apart from its installer application (i.e. “portable version”); and
  • Institute, assist, or become involved in an attack upon any WhoHub server or otherwise attempt to disrupt the WhoHub servers.  
  • ANY ATTEMPT BY YOU TO DAMAGE WhoHub’s SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF WhoHub IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, WhoHub RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless WhoHub, its affiliates, officers, directors, agents, and employees, from any expense, loss,claim, damage, fine, penalty, or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order, or settlement, to the extent resulting from any claim, demand, action,suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

Privacy

WhoHub respects your privacy and the use and protection of your personal information.  Users may not collect personal data from the Website and/or Application, any non-compliance with this or any other provision of these Terms of Services may result in the termination of the user’s Account.  Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website and/or Application located at: https://whohubapp.com/privacy.

Linking to the Website

Linking to the Website is permitted provided that you comply with the following rules.  You may link to the home page of the Website or to any other page on the Website.  However, you are not allowed to use in-line linking (or hot-linking) or framing.  You must not imply that WhoHub endorses or sponsors the linker or its Website,products, or services.  You must not use WhoHub’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from WhoHub.  Furthermore, you agree to remove the link at any time upon WhoHub’s request.

Ending Your Relationship with WhoHub

These Terms of Service will continue to apply until terminated by either you or WhoHub or as otherwise provided by the applicable agreement between you and WhoHub, provided that your obligations relating to WhoHub’s intellectual property, proprietary, or confidential information shall survive the termination of these Terms of Service.  WhoHub reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to WhoHub whatsoever.

You are solely responsible for cancelling your User Account,which you may do by contacting WhoHub.

Assignment

WhoHub may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time without your consent.  You, however, may not assign or delegate any rights or obligations under these Terms of Service without WhoHub’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website, Application, Software, and Services are not available for any period or any time, WhoHub shall not be liable for any damages relating thereto.  WhoHub gives no warranties as to the accessibility, performance, or availability of the Website,Application, Software, or Services.  Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance,system failure, or for reasons beyond our control.  WhoHub reserves the right to suspend the operation of the Website, Application, Software, or Services.  You agree that neither WhoHub nor its third party providers will be liable to you in any way for the termination,suspension, interruption, delay of any of the Services and products on the Website and/or Application.

Force Majeure

WhoHub will not be liable for any nonperformance, delay,error, data loss, or other loss caused by any events or conditions that are beyond the reasonable control of WhoHub.

Agreement to Deal Electronically

All transactions with or through the Website, Application,Software, or Services may, at WhoHub’s option, be conducted and executed electronically.  We may keep records of any type of communication conducted via the Website, Application, Software, or Services .  All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control.  All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Service may cause WhoHub immediate and irreparable harm and damages.  As a result, WhoHub has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service.  In addition to any and all other remedies available to WhoHub in law or in equity, WhoHub may seek specific performance of any term in these Terms of Service.

Severability

These Terms of Service will be enforced to the full estextent permitted by applicable law.  If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision, and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of Commonwealth of Virginia without regard to its conflict of laws, rules, and principles.

WhoHub does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites breaches national law of any country.  Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.

Copyright © 2016 WhoHub Inc.  All rights reserved.  The Website and Services and accompanying products and documentation are the copyrighted property of WhoHub Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. WhoHub™ and related logo, and all related product and service names, design marks, and slogans are the trademarks and/or registered trademarks of WhoHub Inc.  All other product and service marks contained herein are the trademarks of their respective owners.  Any use of the WhoHub Inc. or third party trademarks or logos without the prior written consent of WhoHub Inc. or the applicable trademark owner is strictly prohibited.

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