OutdoorHub - HubPost

Terms of Use, Privacy Policy and Content License Agreement

TERMS OF USE

By registering for or purchasing services, programs or products with OutdoorHub HubPost website, hubpost.com ("HubPost" or "Site"), you signify your assent to our Terms of Use Agreement, our Privacy Policy and our Content License Agreement (collectively, the "Agreement"). PLEASE READ THESE TERMS CAREFULLY.

Introduction and Acceptance of Terms

By using and/or visiting HubPost, any of its subdomains or any other website on which a link to this Agreement appears you agree to the following terms with HubPost and its affiliated companies ("OutdoorHub, LLC", "we", "us", or "our") regarding use of HubPost and the services offered on HubPost. Before being permitted to act as a registered user of HubPost and/or to purchase services or products or participate in the advertising widget programs offered on HubPost, you must read, agree to, and accept all of the terms in, and linked to, this Agreement. By accepting these Terms of Use, you agree that these Terms, as well as any linked documents made a part of this Agreement, such as HubPost rules, Privacy Policy and the Content License Agreement, will apply whenever you use HubPost and its related services and products. Some affiliated websites may have additional or other terms that we provide to you when you use those sites.

As used in this Agreement, "you" or "User" means both (a) the individual registering as a user of HubPost or the existing user of HubPost now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entities specified by you upon registration or the use of HubPost or the use or sharing of any HubPost Content ("your entity"). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.

Scope of Applicability

  1. These Terms of Use apply to all users of HubPost.
  1. HubPost may contain links to third party websites that are not owned or controlled by HubPost or its affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. BY USING HUBPOST YOU EXPRESLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HUBPOST, OUTDOORHUB, LLC AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS FROM ANY CLAIMS, SUITS, LIABILITIES, LOSSES OR EXPENSES (INCLUDING ACTUAL ATTORNEYS' FEES) WHICH ARISE FROM THIRDPARTY CLAIMS RELATING TO USE BY YOU OR ANY OTHER PERSON ACCESSING HUBPOST THROUGH YOUR ACCOUNT.
  1. Accordingly, we encourage you to be aware when you leave HubPost and to read the terms and conditions and privacy policies of each other website that you visit.
  1. We reserve the right, in our sole discretion, to amend and supplement this Agreement (including the Privacy Policy and any other document incorporated herein, at any time, by posting the revised Agreement to HubPost without further notice to you. Your continued use of HubPost after such changes are posted will constitute your acceptance of such amended Agreement, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, "writing" does not include email, and "signature" does not include an electronic signature.

Accounts and HubPost Usage

  1. Account. In order to access some features of HubPost, you must create an account. You may never use another's account without permission from us. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree that you will not allow others to access your account, nor will you use your account on HubPost on an outsourcing basis or on behalf of third parties. You must notify HubPost immediately, in writing, of any breach of security or unauthorized use of your account.
  1. User Access and Use of HubPost, and Sharing of HubPost Content. HubPost and all of the Content (as defined by the Content License Agreement) featured or displayed on HubPost is intended for registered users and customers of HubPost and those who share virally HubPost Content. You are permitted to access, use and share HubPost and the Content as set forth in these terms of use and the Content License Agreement.

You shall access HubPost and the Content only through the technology or means provided by HubPost. You agree not to download, copy, distribute or display in any medium any part of HubPost or HubPost Content, unless you have agreed to these Terms and Conditions, the Privacy Policy and the Content License Agreement. You also agree not to alter, modify or delete any part of HubPost or the Content, and agree not to circumvent, disable or otherwise interfere with any security features of HubPost, including without limitation those security features which prevent or restrict the use and/or copying of the Content.

  1. No "bots." You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or any other device, software, hardware, or program that accesses HubPost in a manner that sends more request messages to the HubPost servers in a given period of time than a human can reasonably produce in the same time period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from HubPost, nor to use any communication systems that may be provided by HubPost for any commercial solicitation purposes, other than as expressly permitted elsewhere in this Agreement.
  1. Liability for Loss. HubPost will not be liable for any losses you sustain as a result of unauthorized use of your account. You will be further liable for all losses sustained by HubPost or others due to such unauthorized use, including all costs, attorneys' fees, and other damages that directly or indirectly relate to use by you or any other person accessing HubPost through your account. In the event that HubPost or its affiliates should bring any action or claim arising out of this Agreement against you in which we prevail, you must pay to us any and all costs incurred by HubPost in enforcing the terms and conditions of this Agreement, including actual attorneys' fees, court costs, and all other costs and fees associated with such action.
  1. Discontinuation of Services. HubPost reserves the right to discontinue its website or any services offered on HubPost at any time.
  1. Termination and Suspension of User Account. We agree to provide you access to HubPost and the services available on HubPost only as authorized in this Agreement. We reserve the right to reject your user registration by disability your registered account. Even after acceptance, we may terminate or suspend your account and ability to use HubPost in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.

Ownership of HubPost and HubPost Content

Unless otherwise indicated in the Agreement documents, all of the Content is owned by HubPost, its affiliates, licensors or its third-party partners. If you elect to purchase services or participate in Programs from HubPost in which you provide your own Advertising Assets (as described in the Content License Agreement), you may submit content to HubPost and you will retain the ownership rights in your content as set forth in the Content License Agreement.

Digital Millennium Copyright Act

  1. HubPost is protected under Title II of the Digital Millennium Copyright Act ("DMCA"). As such, HubPost will respond to any allegations of copyright violations in accordance with the DMCA. Below you will find our policies and takedown notices as required by the DMCA. The following applies to any and all copyrights/trademarks and owners of intellectual property interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down or not used due to a perceived DMCA violation or infringement of a third party's intellectual property rights.

HubPost will follow the procedures provided in the DMCA to properly enforce rights of copyright holders. When a proper DMCA notification is received by the designated DMCA Agent, or an administrator becomes otherwise aware that copyright rights are infringed, we will remove or disable access to infringing materials as soon as possible. HubPost will not necessarily send a confirmation regarding the removal/disabling.

  1. If you are a copyright owner or an agent thereof and believe that any other submission made by another user to HubPost or services or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512I(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    1. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Agent. HubPost's designated Copyright Agent to receive notifications of claimed infringement may be contacted through OutdoorHub, LLC. 30800 Telegraph Road, Suite 4805,Bingham Farms, Michigan 48025 USA. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, reports of abuse, requests for technical support, and other communications should be directed to HubPost customer service through 30800 Telegraph Road, Suite 4805,Bingham Farms, Michigan 48025 USA. You acknowledge that if you fail to comply with all the requirements of this Section your DMCA notice may not be valid.
  1. Counter-Notice. If you believe that any Advertising Assets (as defined in our Content License Agreement) submitted by you to HubPost that was or were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the consent in your Advertising Assets, you may send a counter-notice containing the following information to the Copyright Agent:
    1. Your physical or electronic signature;
    1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    1. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    1. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Oakland County, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, HubPost may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at HubPost's sole discretion.

We will act on all abuse reports and confront offending users. Users found to be guilty of this Agreement or any patent, copyright or trademark infringement will either receipt a warning or will prohibited from further using HubPost, with sole discretion as to handling of the infraction remaining with us.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF HUBPOST SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HUBPOST AND OUTDOORHUB, LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH HUBPOST AND YOUR USE THEREOF. HUBPOST AND OUTDOORHUB, LLC MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF HUBPOST'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO HUBPOST AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF HUBPOST, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HUBPOST, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HUBPOST BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR ADVERTISING ASSETS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HUBPOST. HUBPOST AND OUTDOORHUB, LLC DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL HUBPOST AND OUTDOORHUB, LLC, AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE REVENUES DUE AND PAYABLE TO USER UNDER THIS AGREEMENT THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF HUBPOST OR PARTICIPATION IN ANY HUBPOST PROGRAMS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HUBPOST, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HUBPOST BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ADVERTISING ASSETS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR ADVERTISING ASSETS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILBLE VIA HUBPOST, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUBPOST AND/OR OUTDOORHUB, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. YOU SPECIFICALLY ACKNOWLEDGE THAT HUBPOST AND OUTDOORHUB, LLC SHALL NOT BE LIABLE FOR USER'S CONTENT OR USER'S ADVERTISING ASSETS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL HUBPOST OR OUTDOORHUB, LLC BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED BY YOU. HubPost is controlled and offered by HubPost and/or OutdoorHub, LLC from its facilities in the United States of America. HubPost and OutdoorHub, LLC make no representations that HubPost is appropriate or available for use in other locations. Those who access or use HubPost from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan and the United States of America.

Indemnity

You agree to defend, indemnify and hold harmless HubPost and OutdoorHub, LLC, and their respective parents, subsidiaries, shareholders, members, directors, managers, officers, employees agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of or access to HubPost; (ii) your violation of any provision of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content or Advertising Assets caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of HubPost.

Ability to Accept Terms of Use

You affirm that you are 18 years of age or older, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HubPost and/or OutdoorHub, LLC without restriction.

Non-Disparagment

You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn, or impugn the personal, professional, or business reputation of HubPost, HubPost and OutdoorHub, LLC, and their shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation any communication that could have the effect of or intention of which is to cause embarrassment, disparagement, damage or injury to the reputation, business, or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.

Privacy

We do not use, sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We also do not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We use your information only as described in the HubPost Privacy Policy. You can access and modify the information you provide us and choose not to receive certain communications by modifying your preferences. For a complete description of how your personal information may be used on HubPost and your choices in this regard, please the HubPost Privacy Policy. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy please do not use or register to use our services.

Disclosure

Notwithstanding anything to the contrary, HubPost may disclose personally identifiable information, business records, or other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate HubPost or HubPost's business; (2) If a court order, arbitration order, or other governmental order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested services; or (4) HubPost finds that your actions violate HubPost's policies or usage guidelines. In addition, HubPost may disclose anonymous information, including, without limitation, your location and your use of the services provided to you by HubPost to illustrate patterns and trends of site access and usage.

Relationship of the Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative relationship, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representation on our or our affiliates' behalf. You agree not to make any statement, whether on your website, its subdomains or otherwise, that contradicts or may contradict anything in this section.

Miscellaneous Provisions

By using or registering to use HubPost and/or the services provided by HubPost, you agree this Agreement shall be governed by the substantive laws of the State of Michigan, without respect to its conflict of law principles. Except for the equitable enforcement of this Agreement, any claim or dispute between you and HubPost or its affiliates with respect to this Agreement shall be decided exclusively through the procedures and policies of the American Arbitration Association unless other procedures are agreed upon in writing by HubPost. Venue for such hearings shall be in Oakland County, Michigan. The cost of arbitration shall be split equally between the parties, except that each party shall bear its own attorneys' fees. These Terms of Use, the HubPost Privacy Policy, and the HubPost Content License Agreement, and any other legal notices published from time to time by HubPost, shall constitute the entire agreement between you and HubPost concerning your registration and use of HubPost. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement (including the Privacy Policy and Content License Agreement), which shall remain in full force and effect. No wavier of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and HubPost's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. HubPost reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for changes that may occur. Your use of HubPost following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You may be asked to provide feedback regarding HubPost and hereby grant HubPost a perpetual, royalty-free, unlimited license to use and/or incorporate such feedback into the website or any other product or service of HubPost. YOU AND WE BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HUBPOST MUST COMMENCE WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

--HubPost

PRIVACY POLICY

By registering for or purchasing services, programs or products with OutdoorHub HubPost website, hubpost.com ("HubPost" or "Site"), you signify your assent to our Terms of Use Agreement, our Privacy Policy and our Content License Agreement (collectively, the "Agreement"). PLEASE READ THESE TERMS CAREFULLY.

Introduction

OutdoorHub, LLC is the operator of HubPost - hubpost.com and its subdomains. As part of its business, HubPost gathers personally identifiable information on its websites as well as anonymous data regarding the website and your activities on the site. HubPost takes its privacy obligations very seriously. Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@hubpost.com.

As used in this Privacy Policy, "we", "us", and "our" refers to HubPost, and its affiliated group of companies (including OutdoorHub, LLC) and the "Site" refers to hubpost.com, its subdomains and any other site on which this Privacy Policy appears. This Privacy Policy does not apply to any offline data collection or practices of HubPost.

As used in this Privacy Policy, "you" or "User" means both (a) the individual registering as a user of HubPost or the existing user of HubPost now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entities specified by you upon registration or the use of HubPost or the use or sharing of any HubPost Content ("your entity"). You and your entity, if any, are jointly and severally liable for your obligations under this Privacy Policy.

Jurisdiction

The Site is operated from servers located in the United States of America. If you are located outside the United States and are accessing the Site, please be aware that information you provide on the Site is being transferred to and stored in the United States. The Site's personal information practices and the terms of this Privacy Policy may or may not comply with foreign law, so if you do not agree with this, please do not use the Site.

What Information Do We Collect?

When you visit our Site you may provide us with two types of information: (i) personal information (such as your name, birth date, phone number, email address and mailing address) (collectively, "Registration Information") collected on an individual basis; and (ii) Site use information collected on an anonymous and aggregate basis as you and others browse our Site. Whenever Collect Site collects personally identifiable about you, it reserves the right to use that information for marketing Collect Site and its various activities. Collect Site may use the personally identifiable data collected to undertake a variety of marketing activities including, but not limited to, email, direct mail, site personalization, telephone marketing and other digital and traditional methods of advertising and communication. HubPost does not sell or "monetize" data to third parties. HubPost, however, does and will send marketing messages on behalf of its sponsors and partners. It will do so without giving any of your personally identifiable information to those sponsors and partners for their own use.

Personal Information You Choose to Provide.

1. Registration Information. You will provide us with certain information about yourself, your firm or company, and your practices when you register to be a member of hubpost.com, register for certain services, or register for email newsletters and alerts.

2. Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.

3. Site Use Information. Similar to other commercial websites, HubPost utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and server logs to collect information about how our Web site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our Site, and the websites visited just before and just after HubPost. We, our advertisers, and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.

4. How Do We Use the Information That You Provide to Us? Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at support@hubpost.com. From time to time HubPost will allow its Sponsors or marketing partners to offer Site visitors an opportunity to opt-in" to receive marketing information directly from that Sponsor or marketing partner. In such cases, on the registration page, an "opt-in" question will appear clearly explaining that by checking the box you agree to share your personally identifiable information with that particular Sponsor or marketing partner. If there is not a Sponsor "opt-in" question on a registration form, HubPost will not give any of the data collected to any Sponsor or partner.

5. Disclosure of Personal Information. We may disclose your personal information if required: (a) by law or subpoena or if we believe that such action is necessary to comply with the law or legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.

6. Referral Service. If you choose to use our referral service to tell a friend [email a friend, refer a friend, send to a friend, email a page, invite a friend] about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. HubPost stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at [support@hubpost.com] to request that we remove this information from our database.

7. What Are Cookies? A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business partners (e.g., advertisers) use cookies that originate from their sites. We have no access or control over those cookies.

You can decide if and how your computer will accept cookies by configuring your preferences option within your web browser. To disable this function in your web browser, choose the "help" menu and follow the instructions for deleting cookies and preventing your browser from downloading additional cookies. If you choose to reject cookies, you can still browse our Site, but you may be unable to post on the Site or otherwise access certain services and content available on the Site. HubPost does not store personal or confidential information in cookies (although our third party advertisers may - and we take no responsibility for their actions).

8. How Do We Use Information We Collect from Cookies? As you browse HubPost, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our server's log files, allow us to calculate the aggregate number of people visiting the Site and which parts of the site are most popular. This helps us gather feedback in order to constantly improve our Site and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not store any personal information that you provided to us in your cookies.

9. Sharing Information with Third Parties. We may enter into alliances, partnerships or other business arrangements with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party. We also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.

10. Widgets. Our Site includes Widgets, which are interactive mini-programs that run on any website in which the Widget is embedded, to provide specific services from another company and through which data and/or information is displayed (e.g. displaying the news, opinions, videos, music, etc). Personal information, such as your email address, may be collected through the Widget. Cookies may also be set by the Widget to enable it to function properly. Information collected by this Widget is governed by the privacy policy of the company that created it.

11. Notice of New Services and Changes. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request at support@hubpost.com.

14. How Do We Protect Your Information? The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at support@hubpost.com.

15. How Can You Access and Correct Your Information? You may request access or make corrections to all your personally identifiable information that we collect online and maintain in our database by emailing support@hubpost.com or by accessing your account information at hubpost.com.

16. Updating/Accessing/Amending/Correcting Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire to use or access our Site or to obtain service or Programs provided on the Site, you may correct, update, amend, delete/remove or deactivate it by making the change on our member information page or by emailing our Customer Support at [support@hubpost.com] or by contacting us by telephone or postal mail at the contact information listed below.

17. What About Other Web Sites Linked to HubPost? We are not responsible for the practices employed by websites linked to or from our Site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Site.

Please remember that when you use a link to go from our Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our Site, is subject to that websites own rules and policies. Please read over those rules and policies before proceeding.

18. Children's Privacy. The Site is not intended for or directed to persons less than 18 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our services to children. If you are under 18 years of age, do not use the Site.

19. For Persons Outside the United States. By consenting to this Privacy Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth in the Agreement. You agree that by using the Site, your personal data will be transferred to HubPost servers located in the United States in connection with the purposes stated in this Privacy Policy. You understand that the laws with respect to the protection of personal data in the United States may be more or less stringent than those in your home jurisdiction.

20. Submissions. Suggestions, materials, Advertising Assets (as defined in the Content Licensing Agreement) or other intellectual property sent or transmitted to us via our Site are governed by the separate terms applicable to such materials identified at the time of submission (if any). All such items shall be deemed to be non-confidential, and we shall have no obligation of any kind with respect to such items and shall be free to use and distribute them to others subject to the terms of the Content License Agreement.

21. Acceptance of Privacy Policy. By using our Site, you signify your acceptance of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not submit any personal information to us through our Site.

Material Changes to Policy

HubPost may make material changes to this Privacy Policy from time to time. Therefore, you should periodically visit this page to view the current Privacy Policy. In the event of a material change to this Privacy Policy, HubPost shall post a notice on the Site advising of such changes.

HubPost

c/o OutdoorHub, LLC

30800 Telegraph Road, Ste 4805

Bingham Farms, MI 48025


CONTENT LICENSE AGREEMENT

By registering for or purchasing services, programs or products with OutdoorHub HubPost website, hubpost.com ("HubPost" or "Site"), you signify your assent to our Terms of Use Agreement, our Privacy Policy and our Content License Agreement (collectively, the "Agreement"). PLEASE READ THESE TERMS CAREFULLY.

Introduction

By using and/or visiting HubPost, any of its subdomains or any other website on which a link to this Agreement appears you agree to the following terms with HubPost and its affiliated companies ("OutdoorHub, LLC", "we", "us", or "our") regarding use of HubPost and the services offered on HubPost. Before being permitted to act as a registered user of HubPost and/or to purchase services or products offered on HubPost, you must read, agree to, and accept all of the terms in, and linked to, this Agreement. By accepting this Content License Agreement, you agree that the terms of this Content License Agreement, as well as any linked documents made a part of the Agreement, such as HubPost Terms of Use, HubPost rules and Privacy Policy, will apply whenever you use HubPost and its related services and products. Some affiliated websites may have additional or other terms that we provide to you when you use those sites.

As used in this Agreement, "you" or "User" means both (a) the individual registering as a user of HubPost or the existing user of HubPost now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entities specified by you upon registration or the use of HubPost or the use or sharing of any HubPost Content ("your entity"). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.

Definitions

"Advertising Assets" means any graphics, photographs, illustrations, other visuals, audio, video, copy, text, software, titles, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which advertises products and/or services, and is used to generate Revenue by being posted, linked to, displayed, embedded or otherwise made visible on HubPost or User's websites through HubPost's Content Widgets and Video Content Widgets.

"Content" means any graphics, photographs, illustrations, other visuals, audio, video, copy, text, software, titles, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which is licensed to or by OutdoorHub, LLC and/or HubPost under the terms of this Agreement. Any reference in this Agreement to the Content will be to each individual item within the Content and also to the Content as a whole;

"Revenue" means all income actually received, as recognized by us, and generated directly or indirectly as a result of Advertising Assets, less customary deductions, including without limitation: (1) taxes, duties, and other governmental charges; (2) all discounts, refunds, credits, or governmental rebates; (3) amounts for allowances, credits, claims, retroactive price reductions, or chargebacks.

Description of the HubPost Widget Advertising Programs

The purpose of the HubPost widget advertising program (the "Program" or "Programs") is to permit you to post, link to, display, embed or otherwise make visible on your website and/or its subdomains Content provided by OutdoorHub or its affiliates, through a widget in which Advertising Assets are also displayed for the purpose of generating Revenue ("Content Widget"). Revenue is generated from the Advertising Assets based on the number of impressions a piece of advertising receives by your end users. In order to facilitate the Program we provide to you Content and HubPost/OutdoorHub, LLC Advertising Assets, which you will then post, link to, display, embed or otherwise make visible on your website. Generally the Advertising Assets will only be viewable by any end users who click on or access the Content when the Content Widget or Video Content Widget is in full view. Additionally, depending on the type of HubPost Program you choose, you may elect to provide HubPost with Advertising Assets owned by or licensed to you by any individual or entity other than HubPost/OutdoorHub, LLC for the purpose of being displayed in a Content Widget or Video Content Widget and generating Revenue.

OutdoorHub, LLC and HubPost shall retain all revenue generated from the Advertising Assets it owns or is licensed to use on HubPost that are embedded and/or appear on or through any Content or Video Content Widget utilized in the Program(s). You shall retain all revenues generated from all Advertising Assets owned by or licensed to you by any individual or entity other than HubPost/OutdoorHub, LLC embedded and/or displayed in a Content Widget or Video Content Widget through the Program(s).

When you sign up for an account with HubPost you will have the option of utilizing the following types of Content and Advertising Assets:

  1. 50/50 Split. You will provide your own advertising assets (such as ad tags, banners or saved ads) to HubPost. When you post, link to, display, embed or otherwise make visible a Content Widget or Video Content Widget on your website under this Program your Advertising Assets will be displayed 50% of the time, and HubPost/OutdoorHub, LLC's Advertising Assets will be displayed 50% of the time. During the 50% of time allocated to HubPost, HubPost also reserves the right to implement a sponsored advertising "wrap" to the full view which may include a top and bottom "bun" ad unit in addition to the standard full view ad unit. The User does not have to pay a fee to register for or use the 50/50 Split Program.
  1. Do Not Use My Advertising. OutdoorHub, LLC/HubPost will provide 100% of the Content and HubPost/OutdoorHub, LLC Advertising Assets to be posted, linked to, displayed, embedded, or otherwise made visible through a Content Widget on your website. All revenue generated from the Advertising Assets displayed in the Do Not Use My Advertising Program shall be retained by HubPost/OutdoorHub, LLC. The User does not have to pay a fee to register for or use the Do Not Use My Advertising Program. HubPost also reserves the right to implement a sponsored advertising "wrap" to the full view which may include a top and bottom "bun" ad unit in addition to the standard full view ad unit.
  1. OutdoorHub Pre-Roll Video Content Widgets. All video Content and Advertising Assets are provided by HubPost/OutdoorHub, LLC. All revenue generated from the Advertising Assets displayed in the Pre-Roll Video Content Widget Program shall be retained by HubPost/OutdoorHub, LLC. Advertising Assets are presented at the beginning of any video and/or during the video in regular intervals ("Pre-Roll Advertising"). The User does not have to pay a fee to register for or use the OutdoorHub Pre-Roll Program.

Limited License and Reservation of Rights

Subject to the terms of this Agreement, and solely for the limited purpose of generating Revenues from the Content Widgets and HubPost/OutdoorHub, LLC Advertising Assets to User, we hereby grant to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to post, link to, display, embed or otherwise make visible the Content, Content Widgets, and HubPost's/OutdoorHub, LLC's Advertising Assets on your website and/or your websites subdomains (the "Limited License").

This Limited License will automatically and immediately terminate if at any time you do not comply with any obligation under this Agreement, or otherwise upon termination of this Agreement. We may also terminate this Limited License in whole or in part by providing written notice to you. Upon termination of the Limited License for whatever reason whatsoever you agree to promptly remove from your website and its subdomains and delete or otherwise destroy all Content and HubPost/OutdoorHub, LLC Advertising Assets provided by HubPost and OutdoorHub, LLC with respect to which the Limited License is terminated or as we may request otherwise from time to time.

Other than the Limited License specified in this Agreement, we reserve all right, title and interest (including all proprietary and intellectual property rights) in and to the Content, Content Widgets and HubPost's/OutdoorHub, LLC's Advertising Assets, any domain name owned or operated by us, or our affiliates, our and our affiliates' trademarks, service marks and logos and any other intellectual property or technology that we provide or use in connection with the Programs or with HubPost.

License to User's Advertising Assets And User Representations

In the event that you register for or use any Program provided by HubPost/OutdoorHub, LLC under this Agreement which allows or requires you to submit your own Advertising Assets to be contained or displayed within Content Widget(s) provided by HubPost/OutdoorHub, LLC to be posted on, linked to, displayed on or otherwise made visible on your website and/or its subdomains, you agree and hereby grant us and our affiliates a limited, revocable, transferrable, sublicensable, royalty-free license to display, embed or otherwise make visible the Advertising Assets owned by you that you have submitted to HubPost/OutdoorHub, LLC to be used in connection with the Programs you have registered for or used under this Agreement with us (the "User Ad License"). You will retain all ownership and other rights to the Advertising Assets you submit to us under this Agreement, including without limitation all copyright and other intellectual property rights relating to the Advertising Assets, but subject to our User Ad License. The User Ad License will terminate within a commercially reasonable time after you remove or delete your Advertising Assets from HubPost or upon other termination of this Agreement. However, we may retain (but not display, distribute, post, or otherwise make available) copies of your Advertising Assets that have been removed or deleted by you on our server or on our backup systems, discs, or drives.

You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and/or permissions to publish any of your Advertising Assets that you submit to HubPost and/or OutdoorHub, LLC.

You further affirm, represent, and warrant that your Advertising Assets which you submit to HubPost/OutdoorHub, LLC will not contain third-party copyrighted material, or material that is subject to other third-party rights, unless you have proper permission from the rightful owner of the Advertising Assets submitted by you under this Agreement, or you are otherwise legally entitled to publish, post, display or otherwise make visible the material contained in your Advertising Assets submitted by you under this Agreement.

Responsibility for Your Website and Indemnification

You are solely responsible for your own website, including its development, operation, and maintenance, and all materials or content contained or appearing on your website. You are also responsible for your use of any Content, Content Widgets, Video Content Widgets and all Advertising Assets whether or not permitted under this Agreement. You agree that you will not use any Content, Content Widgets, Video Content Widgets or Advertising Assets to infringe, violate, or misappropriate any of HubPost's or OutdoorHub, LLC's rights or those rights of any other person or entity (including copyrights, trademarks, patents, other intellectual property rights, privacy, publicity, or any other proprietary rights).

HubPost and OutdoorHub, LLC assumes no liability for these matters nor for any claims made by any of your end users with regard to these matters, and you agree to defend, indemnify, and hold harmless HubPost and OutdoorHub, LLC, and their respective affiliates, licensors, employees, officers, directors, managers, shareholders, members, agents, successors and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation attorneys' fees) relating to: (a) your violation of any of the terms or conditions contained in this Agreement, or any other terms or rules established by HubPost and/or OutdoorHub, LLC from time to time; (b) your website and/or its subdomains, and any materials or content contained, displayed or appearing on your website and/or its subdomains, including the combination of your website or those material and content with other applications, content, processes, widgets, or other software; (c) the development, design, manufacture, production, advertising, promotion, marketing and/or use of your site or any materials or content contained, displayed or appearing on your website and/or its subdomains; (d) your use of any Content or Advertising Assets whether or not such use is authorized by or violates this Agreement, any other terms or rules established by HubPost and/or OutdoorHub, LLC from time to time, or applicable law; (e) the negligence or willful misconduct of you, or your employees and/or agents.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF HUBPOST SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HUBPOST AND OUTDOORHUB, LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH HUBPOST AND YOUR USE THEREOF. HUBPOST AND OUTDOORHUB, LLC MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF HUBPOST'S CONTENT OR HUBPOST'S/OUTDOORHUB'S ADVERTISING ASSETS OR THE CONTENT OF ANY SITES LINKED TO HUBPOST AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF HUBPOST OR YOUR PARTICIPATION IN ANY HUBPOST PROGRAM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HUBPOST, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HUBPOST BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ADVERTISING ASSETS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HUBPOST WEBSITE. HUBPOST AND OUTDOORHUB, LLC DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL HUBPOST AND OUTDOORHUB, LLC, AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE REVENUES DUE AND PAYABLE TO USER UNDER THIS AGREEMENT THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF HUBPOST OR PARTICIPATION IN ANY HUBPOST PROGRAM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HUBPOST, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HUBPOST BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ADVERTISING ASSETS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR ADVERTISING ASSETS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILBLE VIA HUBPOST, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUBPOST AND/OR OUTDOORHUB, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. YOU SPECIFICALLY ACKNOWLEDGE THAT HUBPOST AND OUTDOORHUB, LLC SHALL NOT BE LIABLE FOR USER'S CONTENT OR USER'S ADVERTISING ASSETS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL HUBPOST OR OUTDOORHUB, LLC BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED BY YOU. HubPost is controlled and offered by HubPost and/or OutdoorHub, LLC from its facilities in the United States of America. HubPost and OutdoorHub, LLC make no representations that HubPost is appropriate or available for use in other locations. Those who access or use HubPost from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan and the United States of America.

Indemnity

You agree to defend, indemnify and hold harmless HubPost and OutdoorHub, LLC, and their respective parents, subsidiaries, shareholders, members, directors, managers, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of an access to HubPost; (ii) your violation of any provision of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Content or Advertising Assets caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of HubPost.

Ability to Accept Terms of Use

You affirm that you are 18 years of age or older, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HubPost and/or OutdoorHub, LLC without restriction.

Compliance with Laws

In connection with your participation in any of the Programs, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you.

Term and Termination

This Content License Agreement is effective until it is terminated. We or you can terminate this Agreement, with or without cause, by providing written notice to the other party. You may terminate this Content License Agreement by destroying all Content and any archives or copies of it, and ceasing to use the Content, Content Widgets, HubPost's/OutdoorHub, LLC's Advertising Assets and the Programs provided by OutdoorHub, LLC and/or HubPost. This Content License Agreement also terminates without notice from HubPost and OutdoorHub, LLC if at any time you fail to comply with any of the terms of this Content License Agreement, the Terms of Use, the Privacy Policy, or any other rules or terms established by HubPost and/or OutdoorHub, LLC from time to time. Upon termination, you must immediately: (1) cease using the Content and Advertising Assets for any purpose; (2) destroy or delete all copies and archives of the Content or accompanying materials; and (3) if requested, confirm to HubPost and/or OutdoorHub, LLC that you have complied with these requirements.

We reserve the right to revoke or amend any license granted by this Agreement at a later date, and to replace any Content, Content Widgets, HubPost's/OutdoorHub, LLC's Advertising Assets or the Programs with an alternative for any reason. Upon notice, sent to the address, email address, or other contact provided by you, or at such other address or contact location that you advise us of in writing from time to time, the license for any replaced Content, Content Widget or Advertising Asset immediately terminates, and a new license (as described in this Content License Agreement) automatically applies to the replacement Content, Content Widget or HubPost/OutdoorHub, LLC Advertising Asset. You agree not to use any replaced Content, Content Widgets or HubPost/OutdoorHub, LLC Advertising Assets, and agree to take all reasonable steps to discontinue their use.

Upon notice from HubPost and/or OutdoorHub, LLC, or upon your own knowledge that any Content or Advertising Asset is subject to an actual, threatened, or potential claim of infringement of another's intellectual property rights for which HubPost and/or OutdoorHub, LLC may be liable, you must immediately at your own expense stop using and delete or remove the Content, Content Widget or HubPost/OutdoorHub, LLC Advertising Asset.

Relationship of the Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative relationship, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representation on our or our affiliates' behalf. You agree not to make any statement, whether on your website, its subdomains or otherwise, that contradicts or may contradict anything in this section.

Miscellaneous Provisions

By using or registering to use HubPost and/or the Programs provided by HubPost, you agree this Agreement shall be governed by the substantive laws of the State of Michigan, without respect to its conflict of law principles. Except for the equitable enforcement of this Agreement, any claim or dispute between you and HubPost or its affiliates with respect to this Agreement shall be decided exclusively through the procedures and policies of the American Arbitration Association unless other procedures are agreed upon in writing by HubPost. Venue for such hearings shall be in Oakland County, Michigan. The cost of arbitration shall be split equally between the parties, except that each party shall bear its own attorneys' fees. These Terms of Use, the HubPost Privacy Policy, and the HubPost Content License Agreement, and any other legal notices published from time to time by HubPost, shall constitute the entire agreement between you and HubPost concerning your registration and use of HubPost. If any provision of this Content License Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement (including the Terms of Use and Privacy Policy), which shall remain in full force and effect. No wavier of any term of this Content License Agreement shall be deemed a further or continuing waiver of such term or any other term, and HubPost's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. HubPost reserves the right to amend any term or terms of this Content License Agreement at any time by posting a notice change on the HubPost at hubpost.com, and it is your responsibility to review the Content License Agreement for changes that may occur. Your use of HubPost and/or any of the HubPost Programs following any amendment of this Content License Agreement will signify your assent to and acceptance of its revised terms. YOU AND HUBPOST BOTH AGREEMENT THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HUBPOST MUST COMMENCE WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.