TERMS
PLEASE READ CAREFULLY BEFORE USING OUR SERVICES:
These Terms (the “Terms”) are a legally binding contract between you and AlgoHub, Inc., a Delaware corporation. These Terms set out your rights and responsibilities when you use AlgoHub.com, our mobile apps, and the other services provided by AlgoHub (“Services”), so please read it carefully. You must abide by all of the terms and conditions of the Terms in order to become or remain an authorized user of the Services. By using any of our Services, you agree to the Terms. If you do not agree with the Terms, you may not use our Services.
AlgoHub reserves the right to modify the Terms at any time. Such modified Terms will become effective and will apply to your use of the Services upon our posting such Terms to this page. Your continued use of our Services after a modification has been posted shall be deemed to constitute acceptance by you of any modified Terms. It is your sole obligation to review the Terms and to be aware of any modifications.
Privacy
Any personal information submitted in connection with your use of the Services is subject to AlgoHub’s Privacy Policy, which is hereby incorporated by reference into these Terms. You may access the Privacy Policy here.
General Information About the Services
AlgoHub’s Services enable service recipients ("Service Recipients") to connect with independent contractor service providers (the "Service Providers", collectively with Service Recipients, the "Users") who directly provide services to the Service Recipients. The Services include, without limitation, the email, phone and online support of the products listed by the Service Provider. AlgoHub may modify the Services or discontinue their availability at any time.
The Services are only a marketplace for Service Providers and Service Recipients. AlgoHub does not hire or employ Service Providers nor is AlgoHub responsible or liable for any interactions involved between the Service Providers and the Service Recipients who purchase a Service Provider's services. AlgoHub is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Service Providers or Service Recipients, including, but not limited to, any Service Recipient's reliance upon any information provided by an Service Provider.
Conduct
You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In addition, your agree not to use the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form, Service Providers or potential users for employment or contracting for a business not affiliated with AlgoHub without AlgoHub’s advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Service Providers or other Users of the Services.
Service Providers
As a Service Provider, you represent, warrant, and covenant that:
1. You will visit www.algohub.com and complete the enrollment process, including agreeing to pricing terms;
2. You will be responsible for all of your Submitted Content.
3. You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize AlgoHub, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your Submitted Content on and through the Services;
4. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
5. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to offer the services your offer;
6. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
7. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
8. You will not use the Services for any non-business purposes;
9. You will not engage in any activity that will require AlgoHub to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
10. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Terms;
11. You will not frame or embed the Services in a manner to embed a free coupon version of your services or other similar functionality intended to circumvent the Services;
12. You will not impersonate another person or gain unauthorized access to another person's account;
13. Your use of the Services are subject to AlgoHub’s approval, which we may grant or deny in our sole discretion;
14. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
15. You will not interfere with or otherwise prevent other Services Providers from providing their services;
16. You will maintain accurate account information;
17. You shall respond promptly to Services Recipients and ensure a quality of service commensurate with the standards of your industry in general;
18. You are over the age of 18.
Service Recipients
As a Service Recipient, you represent, warrant and covenant that:
1. You are over the age of 18, or, if not, you will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase services.
2. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
3. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
4. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Submitted Content except as permitted by these Terms or the relevant Service Provider as applicable.
5. You will not frame or embed the Services to circumvent the Services.
6. You will not impersonate another person or gain unauthorized access to another person's account.
7. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
8. You will assume responsibility for controlling how your personal information is disclosed to a Service Provider or used, including, without limitation, taking appropriate steps to protect such information.
9. You will not solicit personal information from any Service Provider or other Service Recipient.
10. If you elect to access or use services that involve payment of a fee, you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize AlgoHub to charge your credit card on a regular basis to pay the fees as they are due. If your payment method fails or your account is past due, then AlgoHub may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. AlgoHub may also block your access to any Services pending resolution of any amounts due by you to AlgoHub.
Service Recipients understand and agree that Service Providers from whom Service Recipients may have purchased services may choose to terminate their accounts with AlgoHub and become inactive. AlgoHub does not guarantee Service Provider availability to Service Recipients and shall not be held liable for any issues relating to Service Provider availability.
Registration
To use certain Services, you will need to register and obtain an account and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of your account, UserName, and password and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account.
You may not transfer your account to any other person and you may not use anyone else's account at any time. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such Service Recipient; (ii) controlling that Service Recipient's access to and use of the Services; and (iii) the consequences of any misuse.
Third Party Websites
The Services may give you access to links to third party websites ("Third Party Websites"), either directly or through Service Providers. AlgoHub does not endorse any of these Third Party Websites and does not control them in any manner. Accordingly, AlgoHub does not assume any liability associated with Third Party Website. You need to take appropriate steps to determine whether accessing a Third Party Website is appropriate, and to protect your personal information and privacy on such Third Party Website.
Content
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where AlgoHub provides Content to you in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content uploaded, transmitted or posted to the Services by a User is "Submitted Content".
Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. you hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to AlgoHub with respect to your Submitted Content and that AlgoHub shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms. All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
The trademarks, service marks, and logos (the "Trademarks") used and displayed through our Services or in any Company Content are our registered or unregistered Trademarks or of our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without our prior approval.
AlgoHub hereby grants you (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Services. All other uses are expressly prohibited absent our express written consent. you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless AlgoHub give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Service Providers may not grant you license rights to Submitted Content you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms. AlgoHub reserve the right to revoke this license to access and use Submitted Content and Company Content granted to you as described above, as further detailed in the Termination Section below.
AlgoHub does not control Submitted Content (as defined below) posted on the Services and, as such, does not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, AlgoHub may expose you to Submitted Content that you consider offensive, indecent, or objectionable. AlgoHub has no responsibility to keep such content from you and no liability for your access or use of any Submitted Content, to the extent permissible under applicable law.
Warranty Disclaimer
THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALGOHUB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ALGOHUB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF ALGOHUB OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY WEBSITES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY WEBSITE, ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER ALGOHUB NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY WEBSITE, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY WEBSITE, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ALGOHUB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO ALGOHUB IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND ALGOHUB OR A REPRESENTATIVE OF ALGOHUB CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
AlgoHub may periodically schedule system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that AlgoHub has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Websites; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Websites, or any Internet facilities and networks.
Indemnification
You hereby indemnify, defend and hold harmless AlgoHub, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. AlgoHub reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this section, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Termination
AlgoHub reserves the right to terminate, suspend, modify, or delete, at our sole discretion, any (a) Submitted Content, Company Content, or any Service; and (b) your access to our Services or your account, as follows:
If you breach or violate any of these Terms or any of our applicable policies, AlgoHub may take action immediately without prior notice to you. If AlgoHub takes action pursuant to this section, AlgoHub shall not have any liability to you for any use of our Services associated with your account. For avoidance of any doubt, you understand and agree that you will not be compensated nor be eligible for any refund under any circumstances for any such access lost to our Services.
AlgoHub may also take action for any reason or no reason, in which case AlgoHub will provide prior notice to you. If AlgoHub takes action pursuant to this section, (a) if you are a Service Recipient AlgoHub will refund you for any access lost to Services that you may have purchased during the three (3) months period prior to such termination, all in accordance with and subject to the terms of our refund policy; and (b) If you are an Service Provider, any such termination will also terminate your right to offer your services through our Services, and AlgoHub will pay all outstanding amounts owing to you up to termination date.
You may terminate your use of the Services at any time, either by ceasing to access them, or by deleting your account. AlgoHub has no obligation to retain any of your account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Services and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
Copyright Notice
If you believe that any Content constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of where, within the Services, the offending material is located; (d) your address, telephone number and email address; (e) a written 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 (f) 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.
The above information should be submitted to AlgoHub at: [email protected]
Electronic Notices
By using our Services or communicating with AlgoHub, you agree that AlgoHub may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services or these Terms. If AlgoHub learns of a security system's breach, AlgoHub may attempt to notify you electronically by posting a notice through the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to AlgoHub at [email protected]. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, AlgoHub may give you legal notice by mail to a postal address, if provided by you through your use any of the Services. In such case, notice will be deemed given three days after the date of mailing.
Miscellaneous
Entire Agreement. These Terms and any policies applicable to you posted on our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of AlgoHub to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither AlgoHub nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Governing Laws. These Terms and your use of the Services shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California.