Terms and Conditions Agreement between user and www.hubbsgroove.com Welcome to www.hubbsgroove.com. The www.hubbsgroove.com website (the "Site") is comprised of various web pages operated by Hubbsgroove Inc. ("Hubb's Groove"). www.hubbsgroove.com is offered to you conditioned on your acceptance without modification ofthe terms, conditions, and notices contained herein (the "Terms"). Your use of www.hubbsgroove.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.hubbsgroove.com is an E-commerce Site Hubbsgroove, music for your soul. Providing smooth, soulful jazzy but, classy events for the people of Northeastern Ohio. For your listening pleasure, we have our latest smooth jazz compilations for sale on our website. For events, we have vouchers for admission to our smooth jazz engagements and events. Privacy Your use of www.hubbsgroove.com is subject to Hubb's Groove's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Electronic Communications Visiting www.hubbsgroove.com or sending emails to Hubb's Groove constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communications be in writing. Hubb's Groove does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.hubbsgroove.com only with permission of a parent or guardian. Cancellation/Refund Policy Hubbsgroove wants you to be satisfied with your purchase. However, we do not accept returns, we do not offer refunds. All sales final. Links to third party sites/Third party services www.hubbsgroove.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hubb's Groove and Hubb's Groove is not responsible for the contentsof any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hubb's Groove is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hubb's Groove of the site or any association with its operators. Certain services made available via www.hubbsgroove.com are delivered by third party sites andorganizations. By using any product, service or functionality originating from the www.hubbsgroove.com domain, you hereby acknowledge and consent that Hubb's Groove may
share such information and data with any third party with whom Hubb's Groove has a contractualrelationship to provide the requested product, service or functionality on behalf of www.hubbsgroove.com users and customers. No unlawful or prohibited use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.hubbsgroove.com strictly in accordance with these terms of use. As a condition of your useof the Site, you warrant to Hubb's Groove that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hubb's Groove or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hubb's Groove content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hubb's Groove and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hubb's Groove or our licensors except as expressly authorized by these Terms. Third Party Accounts You will be able to connect your Hubb's Groove account to third party accounts. By connecting your Hubb's Groove account to your third party account, you acknowledge and agree that you areconsenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be sharedin this manner, do not use this feature. International Users The Service is controlled, operated and administered by Hubb's Groove from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hubb's Groove Content accessed through www.hubbsgroove.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification
You agree to indemnify, defend and hold harmless Hubb's Groove, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hubb's Groove reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hubb's Groove in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH ASIN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUBBSGROOVE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HUBBSGROOVE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUBBSGROOVE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBBSGROOVE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUBBSGROOVE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/access restriction Hubb's Groove reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hubb's Groove as a result of this agreement or use of the Site. Hubb's Groove's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hubb's Groove's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hubb's Groove with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hubb's Groove with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hubb's Groove with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Hubb's Groove reserves the right, in its sole discretion, to change the Terms under which www.hubbsgroove.com is offered. The most current version of the Terms will supersede all previous versions. Hubb's Groove encourages you to periodically review the Terms to stay informed of our updates. Contact Us Hubb's Groove welcomes your questions or comments regarding the Terms: Hubbsgroove Inc. P.O. Box 76 Twinsburg, Ohio 44087 Email Address: hubbsgroove@gmail.com Telephone number: 2169231544 Effective as of May 01, 2017
Privacy Policy Protecting your private information is our priority. This Statement of Privacy applies to www.hubbsgroove.com and Hubbsgroove, Inc. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Hubbsgroove, Inc. include www.hubbsgroove.com, Hubb's Groove, Rob Hubbard Group and www.hubbsgroove.com. The Hubb's Groove website is an E-commerce site. By using the Hubb'sGroove website, you consent to the data practices described in this statement. TRUSTe Privacy Program Hubb's Groove is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because we want to demonstrate our commitment to your privacy, we have agreed to disclose our information practices and have our privacy practices reviewed for compliance by TRUSTe. If you have questions or concerns regarding this policy, you should first contact us at hubbsgroove@gmail.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint. TRUSTe may serve as a liaison with us to resolve your concerns. Collection of your Personal Information Hubb's Groove may collect personally identifiable information, such as your: - Name - Address - E-mail Address - Phone Number If you purchase Hubb's Groove's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Hubb's Groove encourages you to review the privacy statements of websites you choose to link to from Hubb's Groove so that you can understand how those websites collect, use and share your information. Hubb's Groove is not responsible for the privacy statements or other content on websites outside of the Hubb's Groove website. Use of your Personal Information Hubb's Groove collects and uses your personal information to operate its website(s) and deliver the services you have requested. Hubb's Groove may also use your personally identifiable information to inform you of other products or services available from Hubb's Groove and its affiliates. Hubb's Groove may also contact you via surveys to conduct research about your opinion of current services or of potentialnew services that may be offered. Hubb's Groove does not sell, rent or lease its customer lists to third parties. Hubb's Groove may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Hubb's Groove, and they are required to maintain the confidentiality of your information.
Hubb's Groove will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Hubb's Groove or the site; (b) protect and defend the rights or property of Hubb's Groove; and, (c) act under exigent circumstances to protect the personal safety of users of Hubb's Groove, or the public. Automatically Collected Information Information about your computer hardware and software may be automatically collected by Hubb's Groove. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Hubb's Groove website. Use of Cookies The Hubb's Groove website may use "cookies" to help you personalize your online experience. Acookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Hubb's Groove pages, or register with Hubb's Groove site or services, a cookie helps Hubb's Groove to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Hubb's Groove website, the information you previously provided can be retrieved, so you can easily use the Hubb's Groove features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Hubb's Groove services or websites you visit. Security of your Personal Information Hubb's Groove secures your personal information from unauthorized access, use, or disclosure. Hubb's Groove uses the following methods for this purpose: - SSL Protocol When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. Children Under Thirteen Hubb's Groove does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. Opt-Out & Unsubscribe We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Hubb's Groove by contacting us here:
- Changes to this Statement Hubb's Groove will occasionally update this Statement of Privacy to reflect company and customer feedback. Hubb's Groove encourages you to periodically review this Statement to be informed of how Hubb's Groove is protecting your information. Contact Information Hubb's Groove welcomes your questions or comments regarding this Statement of Privacy. If you believe that Hubb's Groove has not adhered to this Statement, please contact Hubb's Groove at: Hubbsgroove, Inc. P.O. Box 76 Twinsburg, Ohio 44087 Email Address: hubbsgroove@gmail.com Telephone number: 216.923.1544 Effective as of May 01, 2017