Terms of Service

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1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services.

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.

3. Changes to these Terms or the Services. We may update these Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review these Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

   1. Eligibility.  You may use the Services only if you are 18 years or older and capable of forming a binding contract with CollabHub, and not otherwise barred from using the Services under applicable law.​

   2. Compliance.  The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal, and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo; and (ii) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory, or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including the use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right but have no obligation, to monitor where our Services are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses, and unique device identifiers or to any user who we believe is in breach of these Terms.

5. About the Services. Our Services enable you to receive a promotional benefit

   1. Gift Exchange Program. You may in accordance with the Gift Exchange Program collaborate with whomever you see fit YOU ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR OBLIGATION TO YOU RELATED TO THE ALTERNATIVES MADE AVAILABLE AND/OR THE DEFAULT ALTERNATIVE METHOD DESIGNATED BY THE MERCHANT RELATED TO YOUR PROMOTIONAL BENEFIT.​

   2. CollabHub may refuse to process any transaction that CollabHub believes may violate these Terms. ‍

6. Privacy Policy. We respect the information that you provide to Us, and want to be sure you fully understand exactly how We use that information.  So, please review Our Privacy Policy available here  (“Privacy Policy”) which explains everything.

7. Third-Party Services; Links to Third Party Websites or Resources.

   1. Third-Party Services. The Services may enable you to access services provided by third-parties (including Merchants, third-party payment processors, and other providers). You are solely responsible for reviewing, agreeing and complying with, the terms, conditions, and policies applicable to all such third-party services, platforms or marketplaces.​

   2. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

8. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

9. Acceptable Use Policy and CollabHub’s Enforcement Rights. You agree not to do any of the following:

   1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;​

   2. Use, display, mirror, or frame the Services or any individual element within the Services, CollabHub’s name, any  CollabHub trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without  CollabHub’s express written consent;

   3. Access, tamper with, or use non-public areas of the Services, CollabHub’s computer systems, or the technical delivery systems of  CollabHub’s providers;

   4. Attempt to probe, scan or test the vulnerability of any CollabHub system or network or breach any security or authentication measures;

   5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CollabHub or any of  CollabHub’s providers or any other third party (including another user) to protect the Services;

   6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by CollabHub or other generally available third-party web browsers;

   7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

   8. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 

   9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered deceptive or false source-identifying information; 

   10. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; 

   11. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 

   12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

   13. Impersonate or misrepresent your affiliation with any person or entity;

   14. Engage in transactions related to or in furtherance of any of the following activities:

       • The sale or purchase of illegal goods, including but not limited to stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety;

       • Marijuana-related businesses (including but not limited to manufacturers, dispensaries, and those engaged in the business of marketing, buying, growing, selling, or otherwise promoting medical or recreational marijuana);

       • Illegal services, including but not limited to counterfeit services, illegal gambling, Ponzi or pyramid schemes, and money laundering;

       • Adult entertainment, including but not limited to escort services, encounter clubs, and pornographic products and services;

       • Debt collection, relief, or counseling;

       • Gun sellers and firearm or ammunition sales;

       • Unlicensed or unregistered Money Services Businesses, as that term is defined at 31 C.F.R. 1010.100(ff) and under corresponding state regulations;

       • White-label ATM services; and

       • Promotion of hate, violence, harassment, or abuse; or use the Services for any fraudulent or unlawful purpose, including to defraud CollabHub, our third-party service providers, or other users of the Services in any way.

10. Your Warranties. You represent and warrant that: (a) all information that you provide to us, including, without limitation, your User Content and the information you provide at account setup, is accurate and truthful; (b) you have the authority to share such information with us and to grant us the right to use such information as provided in these Terms and our Privacy Policy; (c) you have the right to grant us the licenses specified above, if applicable; (d) your acceptance and use of the Services pursuant to these Terms do not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound; and (e) your User Content does not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

11. Compliance with Applicable Law and Third Party Payment Processor and/or Bank Partner Rules. You agree, in accessing and using the Services (including, without limitation, the Card), to comply with (a) all applicable laws, statutes, ordinances, rules, regulations, standards, guidance, or opinions enacted, issued, promulgated, enforced or entered by any federal, state, local or other governmental to anti-bribery or anti-corruption; and (b) any written policies, guidelines, or directives that we and/or the Bank may provide to you.

12. Warranty Disclaimers​

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND THIRD-PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION: (A) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF THE SERVICES AND THE CONTENT THEREIN; (C) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (D) THE SITE AND APPLICATION AND THEIR RESPECTIVE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY; AND (E) THAT ACCESS TO OR USE OF THE SERVICE OR THE CONTENT THEREIN WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

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Your reliance upon the information available through the Services and your interactions with third-party users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including any payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

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The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices, and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

​ 13. Indemnification. You will indemnify and hold CollabHub and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services; (b) your User Content; or (c) your violation of these Terms or of any applicable laws, rules, or regulations.

 14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CollabHub OR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, FOR LOSS OF USE, DATA, GOODWILL, REVENUES, SAVINGS, BUSINESS OPPORTUNITY, OR PROFITS, OR FOR SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CollabHub OR ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL CollabHub’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO CollabHub FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CollabHub, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CollabHub AND YOU.

​ 15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Israel, without regard to its conflict of laws provisions.

 16. Dispute Resolution

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and CollabHub agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and CollabHub are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 

2. Exceptions. As limited exceptions to Section [a] above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 

3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form of Demand for Arbitration at www.adr.org. 

4. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

5. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

6. Injunctive and Declaratory Relief. Except as provided in Section 23(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

7. Class Action Waiver. YOU AND CollabHub AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

8. Severability. With the exception of any of the provisions in Section [g] of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

 17. General Terms.

1. Reservation of Rights. CollabHub and its licensors exclusively own all rights, titles, and interests in and to the Services, including all content, including, but not limited to, the text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available through the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between CollabHub and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between CollabHub and you regarding the Services. 

3. Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

4. No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without CollabHub’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. CollabHub may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

5. Notices. Any notices or other communications provided by CollabHub under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

6. No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CollabHub as a result of these Terms or accessing or using the Services or its contents.

7. Waiver of Rights. CollabHub’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CollabHub. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 18. Contact Information

‍If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@CollabHub.ai