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Submission: On November 01 via manual from US — Scanned from DE
Effective URL: https://www.selecthub.com/policies/
Submission: On November 01 via manual from US — Scanned from DE
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POLICIES
Copyright Policy | End User Agreement | Privacy Policy
COPYRIGHT POLICY
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Copyright Infringement Notification If you believe that content available on or
through the Abuyo, Inc. DBA SelectHub (“SelectHub“) website (“SelectHub.com” or
“Website“) unfairly uses or infringes one or more of your copyright(s), please
immediately notify SelectHub’s Copyright Agent by mail, email or faxed notice
(“Notification“) providing the information described below. A copy of your
Notification will be sent to the person responsible for the material addressed
in the Notification.
Please be advised that you may be held liable for damages if you make material
misrepresentations pursuant to federal law in a Notification. Thus, if you are
not sure content located on or linked-to by the Website infringes your
copyright, or if you believe it’s not a fair use of your copyright, you should
consider first contacting an attorney.
All Notifications should include the following:
* A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
* 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.
* 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.
* Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted.
* A statement that the complaining party has 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.
* A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent via email to: support@selecthub.com.
SELECTHUB END USER LICENSE AGREEMENT (“EULA”) & TERMS OF USE
LAST REVISION: MAY 24, 2018
THIS IS A LEGAL AGREEMENT BETWEEN YOU, A PERSON OR ENTITY WHO REGISTERS AND USES
SELECTHUB.COM SERVICE ON BEHALF OF HIMSELF/HERSELF OR A BUSINESS, GOVERNMENT OR
NON-PROFIT AGENCY (“End User”, “User” or “Customer”) AND ABUYO, INC. DBA
SELECTHUB (“SelectHub”) REGARDING CUSTOMER’S USE OF SELECTHUB.COM SERVICES
(“SelectHub Service” or “Service”). BY CLICKING “I ACCEPT” OR BY USING THE
SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT.
1. DEFINED TERMS
1. Agreement means this SelectHub Web Services Agreement together with any
rules and restrictions that may apply at the time.
2. Confidential Information means the SelectHub Service and any information
disclosed by SelectHub to User or discovered by User on his/her own accord,
either directly or indirectly, in writing, orally, or by inspection of
tangible objects relating to the SelectHub Service including without
limitation application functionality, application workflow, user interface,
product process, application specifications, research content, requirements
templates, scorecards, vendor/product leaderboards, data, text, pictures,
audio, video, logos and copy.
3. Customer’s Data or User’s Data means any Project data or other data or
material submitted by Customer during their use of the SelectHub Service.
4. Effective Date means the day the Customer clicks to accept this Agreement,
or uses the SelectHub Service, whichever is earlier.
5. SelectHub Site means the web site located at https://www.SelectHub.com or
related sub-domains.
6. SelectHub Service (or “Service”) means the SelectHub vendor selection,
e-sourcing and e-procurement application or product or product components
thereof including but not limited to application functionality, market
research, requirements templates or vendor/product scorecards and/or
leaderboards that SelectHub makes available to Users over the Internet by
means of the SelectHub Site for collaborating on product and services
evaluations, vendor sourcing, procurement, sales and marketing purposes.
2. SCOPE OF SERVICE; USAGE; ACCOUNTS; CUSTOMER DATA
1. Service. SelectHub shall provide access to Customer to SelectHub Service to
be hosted and operated on SelectHub’s and associated third-party computer
servers and any applicable additional services in accordance with the terms
of this EULA and the terms on SelectHub Site. Users may use the Service to
evaluate various products and services if they are prospective buyers, or
if they are vendors, they may use the Service to market to, interact with
and sell their products and services to those prospective buyers.
2. Buyer or Prospective Buyer refers to a user that is in the process of
evaluating any products and services for his/her own use or use by the
entity he/she is representing. A Buyer may interact with a Vendor via a
message, enquiry, RFI, RFP, demo, trial, proof-of- concept (POC) or other
related communication mechanism within SelectHub.
3. Vendor refers to a user that has a product or service, or represents an
entity that has a product or service that he/she would like to market to
Buyers, and interact with them while responding to messages, enquiries,
RFIs, RFPs, demo requests, trial requests, proof-of-concept (POC) requests,
or other related communication mechanism from Buyers.
4. Types and Cost of Service. There are two types of SelectHub Services: (i)
Corporate or Paid Edition (“SelectHub Corporate”) wherein a user pays
SelectHub a per-project, a per-module or a monthly, quarterly or annual
subscription fee for access to the SelectHub Service and the ability to
conduct their evaluations on the SelectHub platform and interact with
vendors of their choice via messages, enquiries, RFIs, RFPs, demo requests,
trial requests, proof-of-concept requests and other
communication mechanism; and (ii) Community or Free Edition (“SelectHub
Community”) wherein a user does not pay SelectHub to use the SelectHub
Service but his/her usage is for functionality preview purposes only, is
for a maximum of 30 days, and is subject to any/all usage data being shared
with paying third-parties. The associated functionality for both editions
is defined by SelectHub and is subject to change at any time. Also, the
associated fees for using the Buyer-facing and the Vendor-facing aspects of
the Service are subject to change from time to time. For the SelectHub
Corporate edition, SelectHub charges fees that are current at the time of
usage, unless the fees are pre-defined for a specific period of time via a
separate contract or statement of work (SoW). Any and all unpaid or free
usage of Service reverts to Community Edition.
5. Quality of Service. SelectHub’s intention is to provide Service to both
Buyers and Vendors, and the Service is to be used on an “as is” basis.
SelectHub does not verify Buyer or Vendor credentials, nor does SelectHub
provide any guarantee, implicit or explicit, of any kind whatsoever to
Buyers or Vendors. SelectHub does not guarantee the authenticity,
reliability or assurance to Buyers regarding the performance of the
Service, or regarding any Vendor or Product’s ability to perform at any
level. Also, SelectHub does not provide any guarantee, explicitly or
implicitly, to Vendors that any leads will ever seek to purchase products
or services from Vendor or will ever become customers of Vendor.
6. Customer Accounts. When a User signs up for the SelectHub Service,
SelectHub will automatically create an account (“Account”) for the User. If
required, Users may create multiple Accounts for their convenience, however
User is required at all times to enter accurate data about themselves, as
well as organizations and Products they represent and selection Projects
they are working on. This will allow SelectHub to remain an open, honest
and vibrant community of professionals that evaluate, buy and sell products
and services while allowing Users to control their individual privacy
settings. The User who registers for the SelectHub Service on behalf of a
Business, Government or Non- Profit Entity (“Entity”) is considered to be
an agent of that Entity and shall be deemed the Account owner (“Account
Owner”) for that Entity, unless the Entity designates another User as the
Account Owner. A Customer may designate any other User to be an Account
Owner for the entity by contacting SelectHub at support@selecthub.com.
There could be several Users associated or linked with an Entity’s Account.
Customer is responsible for all activity occurring under its Account and
for the Entity(ies) they are linked to.
7. Projects. To collaborate on product or services evaluation and selection, a
User may create one or more projects (each, a “Project”) on SelectHub and
invite other Users (“Stakeholders”) to participate and contribute based on
roles that are assigned to them within the Project. All Projects are
directly associated with the User that created the Project, as well as
indirectly associated with other Users that are Stakeholders. User shall
notify SelectHub immediately of any unauthorized use of any password,
account, copying or access to the SelectHub Service. Each User shall have a
unique login (email address and username) (“UserID”), which may not be
shared, but may be reassigned to new Users replacing former Users.
8. User’s or Customer’s Data. SelectHub does not own any of the Customer’s
Data. Customer is solely responsible for the accuracy, integrity, and
legality of Customer’s Data. Notwithstanding anything to the contrary in
this Agreement, SelectHub shall not be responsible or liable for the
deletion, corruption, correction, destruction, damage, loss or failure to
any of Customer’s Data. Customer shall not knowingly send or store spam,
unlawful, infringing, obscene, or libelous material, or viruses, worms,
Trojan horses and other harmful code, or data which violates the rights of
any individual or entity established in any jurisdiction including, without
limitation, medical information, credit card information or social security
numbers, driver’s license or personal identification numbers or account
numbers on, to or from the SelectHub Service. Customer represents and
warrants that it is in compliance with and will comply with all applicable
privacy and data protection laws and regulations with respect to any of
Customer’s Data uploaded or submitted to the SelectHub Service and its use
of the SelectHub Service and performance of its obligations under this
Agreement. Customer will indemnify, defend and hold SelectHub harmless from
any claims, losses and causes of action arising out of or related to
Customer’s breach of this Section 2.8. In the case of SelectHub Community
edition Users, SelectHub may share User’s Data and/or usage statistics with
one or more paying third-parties, in order to be able to provide Service
for free to User.
9. User IDs and Security. A User may invite and allow any other User to use
the SelectHub Service. No User ID may be shared by more than one User. User
is entirely responsible for maintaining the confidentiality of its own User
IDs and Account information, as well as maintaining the confidentiality of
any Entities they are associated with on SelectHub. User acknowledges and
agrees that as between the parties, User is solely responsible for User’s
use of SelectHub and all acts, omissions and use of User IDs or passwords
or in connection with SelectHub.
10. Use of Mutual Non-Disclosure Agreement (MNDA), Requirements Templates,
Scorecards and Leaderboards. SelectHub provides MNDA templates,
Requirements Templates, Scorecards, Leaderboards and other such resources
within SelectHub purely for the convenience of Users on an “as is” basis.
Users are expected to obtain qualified legal and other professional advice
prior to utilizing or relying on these resources provided within SelectHub.
SelectHub does not represent that any of these resources provided are
error-free, or that they are suited for Customer’s use, nor is SelectHub
responsible for any consequences from the Customer’s use of these resources
within SelectHub.
3. USER CONDUCT/ACCEPTABLE USE POLICY
Users may not use the SelectHub Service in any way that violates applicable
federal, state, or international law, or for any unlawful purpose. Users may not
use the SelectHub Service to send, receive, or download messages or materials
that are inappropriate or violate the intellectual property rights of SelectHub
or others. Users are entirely responsible for the content of, and any harm
resulting from any of their postings or submissions to the SelectHub Site and
SelectHub Service (collectively, “Contributions”). As a User or Customer, when
you create or make available a Contribution, you represent and warrant that
you:(a) will not attempt to harm, disrupt, or otherwise engage in activity that
diminishes, the SelectHub Site, computer systems and network, or the SelectHub
Service and will not post Contributions that constitute, contain, install or
promote spyware, malware or other computer code, whether on SelectHub’s or
others’ computers or equipment, designated to enable you or others to gather
information about or monitor the online or other activities of another party;
(b) will not attempt to interfere with any other person’s use of the SelectHub
Service;
(c) will not misrepresent your identity or impersonate any person or entity,
sell or let others use your profile or password, provide false or misleading
identification or address information, or invade the privacy, or violate the
personal or proprietary right, of any person or entity. This includes linking
with (or attempting to link), or claiming access (or attempting to claim access)
to a Company or any associated artifacts and resources including Projects and
Products within SelectHub if you are not employed by or affiliated in an
official capacity with that company. Such an action may result in SelectHub
revoking access to that Company and all associated artifacts and resources and
in turn, granting those to other authorized users.
(d) will not attempt to gain access to any account, computers or networks
related to the SelectHub Service without authorization;
(e) will not attempt to obtain any data through any means from the SelectHub
Service, except if we intend to provide or make it available to you;
(f) will not attempt to charge others to use the SelectHub Service either
directly or indirectly;
(g) will not use the SelectHub Service to participate in pyramid schemes or to
transmit chain letters, or to create an undue burden on the SelectHub Site or
the networks or services connected to the SelectHub Site, including, without
limitation, hacking into the SelectHub Site, or using the system to send
unsolicited or commercial emails, bulletins, comments or other communications;
(h) will not use the SelectHub Service for any unauthorized purpose including
collecting usernames and/or email addresses of other users by electronic or
other means for the purpose of sending unsolicited e-mail or communications or
unsolicited commercial e-mail or other communications or engaging in
unauthorized faming of, or linking to, the SelectHub Site without the express
written consent of SelectHub;
(i) will not post Contributions that (1) are defamatory, damaging, disruptive,
unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially
or ethnically offensive, obscene, lewd, lascivious, filthy, threatening,
excessively violent, harassing, or otherwise objectionable or incite, encourage
or threaten immediate physical harm against another, including but not limited
to Contributions that promote racism, bigotry, sexism, religious intolerance or
harm against any group or individual, or (2) contain material that solicits
personal information from anyone under 18 or exploits anyone in a sexual or
violent manner;
(j) will not use the SelectHub Service to send or otherwise make available, any
Contribution unless you own or have sufficient rights to such Contribution or
have received all necessary consents to post such Contribution;
(k) will not post Contributions that violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of SelectHub or any
other person;
(l) have fully complied with any third-party licenses relating to Contributions,
agree to pay for all royalties, fees and any other monies owning any person by
reason of Contributions that you posted to or through the SelectHub Site;
(m) will not use the SelectHub Service to send or otherwise making available any
material that contains viruses, Trojan horses, worms, corrupted files, or any
other similar software that may damage the operation of another’s computer or
property;
(n) will not use the SelectHub Service to download any material sent by another
user of the SelectHub Service that you know, or reasonably should know, cannot
be legally distributed in such manner;
(o) will not use the SelectHub Service to violate any code of conduct or other
guidelines which may be applicable to the SelectHub Service or the SelectHub
Site;
(p) will not attempt to modify, translate, adapt, edit, copy, decompile,
disassemble, or reverse engineer any software used or provided by SelectHub in
connection with the SelectHub Site, SelectHub Service; or
(q) will not post Contributions that contain advertisements or solicit any
person to buy or sell any products or services (other than those provided and
approved by SelectHub).
4. GRANT OF LICENSE TO SELECTHUB
As between you and SelectHub, you exclusively own all rights in and to the
Contributions that you submit to the SelectHub Site. SelectHub needs a limited
license from you so that we can use your Contributions to make the SelectHub
Service and SelectHub Site available to you. For example, if you upload Product
specifications, Project requirements, Product drawings, whitepapers or other
Product related collateral and resources, or a graphical presentation of how a
Product works to the SelectHub Site, we need a license from you to display,
perform and distribute these Contributions in order to make these Contributions
available to you on your Product and/or Project pages. And, if you permit third
parties (such as your customers, vendors or consultants) to view your Product or
Project pages, we need to have a license to sub-license your Contributions to
these third parties so that they can view and use those pages.By making a
Contribution to the SelectHub Site, you grant to SelectHub a limited, perpetual,
non-exclusive (meaning you are free to license your Contribution to anyone else
in addition to SelectHub), fully- paid, royalty-free (meaning that SelectHub is
not required to pay you to use your Contribution), sub-licensable (subject to
the restrictions below), transferable (solely because we need the right to
transfer this license to a successor SelectHub Site operator) and worldwide
(because the Internet and the SelectHub Site are global in reach) license to
use, modify, perform, display, reproduce and distribute the Contribution for the
sole purpose of operating the SelectHub Site and SelectHub Service. SelectHub
needs the right to “modify” and “reproduce” your Content, because the software
and servers hosting the SelectHub Site modify and reproduce your Content
automatically in order to make the SelectHub Site and SelectHub Service
available.We will only sublicense your Contribution for the following purposes:
(a) to make your Contributions available to any third party (such as a client or
a contractor) that you permit to view your Product and/or Project pages on the
SelectHub Site; and (b) to permit a third party hosted services provider to host
the SelectHub Site. We may make Non-Identifying Information about your Products
or Projects to Vendor Users so they can utilize Campaigns/Reports/Actions within
SelectHub to provide you with information about their products and services.
Further, if you are a User of the SelectHub Community edition, you grant
SelectHub the right to be able to share your identity, Service activity and
usage, and Contributions with paying third-parties, such that the Service can be
provided to you for free.
5. RESTRICTIONS
A User shall not: (a) rent, lease or loan the SelectHub Service; (b) conduct
automated functionality tests or load tests on the SelectHub Service; (c)
attempt to gain access to data that is not User’s Data, or use a
disproportionate amount of the SelectHub Service that interrupts or degrades the
SelectHub Service; or (d) use the SelectHub Service in any manner that violates
any applicable law or regulation, including without limitation any third party
copyright or other intellectual property or proprietary right.
6. MAINTENANCE AND SUPPORT
SelectHub will provide maintenance and support services of SelectHub in
accordance with the terms of this Agreement. SelectHub’s obligations, if any, to
provide maintenance and support is subject to the following: (a) User shall
provide SelectHub with access to itself and its personnel to duplicate and
resolve errors; (b) User shall provide supervision, control and management of
the use of the SelectHub Service; (c) User shall document and promptly report
all errors or malfunctions in the SelectHub Service to SelectHub, and (d) User
shall take all steps necessary to carry out procedures for the rectification of
errors or malfunctions within a reasonable time after such procedures have been
received from SelectHub.
7. Cost of Fees.
In the case of SelectHub Corporate edition, the amount of Fees for various
levels, modules and packages of SelectHub usage are different based on various
criteria including but not limited to # of Projects in use, and the current Fees
are disclosed to Customer by authorized SelectHub personnel. Customer is
responsible for all taxes, other than taxes levied on SelectHub’s income. Fees
do not include any applicable taxes. If SelectHub is required to pay any sales,
use, goods and services, value added, or other taxes in relation to Customer’s
use of SelectHub, those taxes will be billed to and paid by Customer. If Fees
are delayed by Customer and subsequently, there are additional costs incurred by
SelectHub to collect Fees from Customer, Customer agrees to reimburse SelectHub
for all such additional costs including costs of collection, attorney’s fees,
court costs, filing fees, and related expenses incurred on all unpaid Fees along
with any interest or penalties that SelectHub may reasonably charge on all late
/ unpaid Fees.
8. TERM, TERMINATION AND SURVIVAL
1. Term. This Agreement shall begin on the Effective Date and continue until
terminated by either SelectHub or Customer in accordance with this
Agreement. Customer can terminate this Agreement via written notice or email
to SelectHub at support@selecthub.com.
2. Termination. Either party may immediately terminate this Agreement as
follows: (a) if either party materially breaches its obligations under this
Agreement and fails to cure such breach within thirty (30) days after it has
been notified in writing of such breach; or (b) if either party has
instituted against it any proceedings seeking relief, reorganization or
arrangement under any laws relating to insolvency and such proceeding is not
resolved within sixty (60) days.
3. Survival. All provisions of this Agreement, which by their terms or import
are intended to survive such cancellation or termination, shall survive.
9. NO LICENSE; INTELLECTUAL PROPERTY OWNERSHIP
SelectHub hereby reserves all right, title and interest in and to the SelectHub
Service and all intellectual property rights related thereto not expressly
granted in this Agreement. A User shall not reverse engineer or otherwise
attempt to derive source code from the SelectHub Service or any associated
artifacts.
10. CONFIDENTIALITY
1. Definition. “Confidential Information” shall have the meaning as defined
above within this Agreement.
2. Non-Disclosure and Non-Use Obligation. Recipient shall not make use of
(except for purposes of this Agreement), or disseminate or in any way
disclose Discloser’s Confidential Information. Recipient shall treat
Discloser’s Confidential Information with the same degree (but not less than
a reasonable degree) of care as it accords its own confidential information.
Recipient may disclose Confidential Information only to its employees who
need to know such information and certifies that its employees have
previously agreed, either as a condition to employment or in order to obtain
the Confidential Information, to be bound by terms and conditions
substantially similar to those of this Agreement. Recipient will immediately
give notice to Discloser of any unauthorized use or disclosure of
Discloser’s Confidential Information and will use all commercially
reasonable efforts to assist Discloser in remedying any such unauthorized
use or disclosure.
11. DISCLAIMER OF WARRANTY
USER AGREES THAT USER’S ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE
SELECTHUB SERVICE IS AT USER’S SOLE RISK. THE SELECTHUB SERVICE IS PROVIDED “AS
IS” AND “AS AVAILABLE”, AND SELECTHUB AND ITS CONTRACTORS AND LICENSORS, AS
APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. USER ACKNOWLEDGES THAT
THE OPERATION OF THE SELECTHUB SERVICE MAY NOT BE SECURE, TIMELY, UNINTERRUPTED
OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE. THE
SELECTHUB SERVICE MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF
THE INTERNET AND SELECTHUB SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR OTHER
DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES. SOME JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN
DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY
MAY NOT APPLY TO CUSTOMER.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELECTHUB AND ITS CONTRACTORS OR
LICENSORS, WILL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR ANY ACCESS TO OR USE OF THE SELECTHUB SERVICE, EVEN IF SUCH PARTIES WERE
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE
LIABILITY FOR ANY AND ALL OF CUSTOMER’S CLAIMS AGAINST SELECTHUB AND ITS
CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE
VALUE PAID FOR USE OF THE SELECTHUB SERVICE DURING THE 3- MONTH PERIOD PRIOR TO
THE DATE A CLAIM IS MADE. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY
REPRESENTS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO
SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT
APPLY TO SUCH CUSTOMERS.
13. INDEMNIFICATION BY CUSTOMER
Customer will defend or settle, at Customer’s expense, any action brought
against SelectHub based upon the claim that any modifications Customer makes to
the SelectHub Service or any combination of the SelectHub Service with SelectHub
Service or other items not approved by SelectHub infringes or violates any third
party intellectual property right.
14. GOVERNMENT REGULATIONS
Customer shall not export, re-export, transfer, or make available, whether
directly or indirectly, any regulated item or information to anyone outside the
U.S. in connection with this Agreement without first complying with all export
control laws and regulations which may be imposed by the U.S. Government and any
country or organization of nations within whose jurisdiction Customer operates
or does business.
15. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of
Colorado, without regard to that state’s conflict of laws principles. Each party
accepts unconditionally the jurisdiction and venue of the state and federal
courts located in Denver County, Colorado. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.
16. INJUNCTIVE RELIEF
Customer understands and agrees that its breach of this Agreement will cause
SelectHub irreparable damage for which recovery of money damages would be
inadequate, and that SelectHub shall therefore be entitled to obtain timely
injunctive relief to protect SelectHub’s rights under this Agreement in addition
to any and all remedies available at law.
17. NON-DISPARAGEMENT AND CONFLICT RESOLUTION
Each party agrees to resolve any and all conflicts in good faith via prompt
communications to the other party outlining any concerns, and via arbitration
administered via the American Arbitration Association or by other legal means,
as applicable. Further, Customer agrees to not disparage SelectHub under any
circumstance including but not limited to verbal disparagement or posting
negative reviews on forums such as Google, Yelp, Facebook, Linkedin, and/or
other review sites on the Internet.
18. MISCELLANEOUS
This Agreement is the entire agreement between the parties on the subject matter
hereof. No amendment or modification hereof will be valid or binding upon the
parties unless made in writing and signed by the duly authorized representatives
of both parties. The relationship of the parties hereunder is that of
independent contractors, and this Agreement will not be construed to imply that
either party is the agent, employee, or joint venturer of the other. In the
event that any provision of this Agreement is held to be unenforceable, this
Agreement will continue in full force and effect without said provision and will
be interpreted to reflect the original intent of the parties. Customer may not
assign this Agreement (by operation of law or otherwise) without the prior
written consent of SelectHub and any prohibited assignment will be null and
void.
This Agreement will be binding upon and will inure to the benefit of the parties
permitted successors and/or assignees. Waiver by either party of a breach of any
provision of this Agreement or the failure by either party to exercise any right
hereunder will not operate or be construed as a waiver of any subsequent breach
of that right or as a waiver of any other right.
SELECTHUB PRIVACY POLICY
(Last Updated: March 16, 2022)
Abuyo, Inc. DBA SelectHub (“SelectHub” or “we“) has created this privacy policy
(the “Policy“) to explain our privacy practices so you will understand when and
how information is collected, used, disclosed and protected with respect to our
SelectHub application, research content, requirements templates, analyst
reports, Leaderboards, phone consultations, email surveys and other services
(collectively and individually, “Service“) and Web Site located at
https://www.SelectHub.com (“Site“). By using the Service, you consent to the
privacy practices described in this Policy.
Because of changes in technology and the growth and development of our business,
SelectHub may need to modify this Policy from time to time. Changes to this
Policy are discussed at the end of this document.
1. TYPES OF INFORMATION WE COLLECT ABOUT YOU
SelectHub collects, uses and discloses two types of information: Personal
Information and Non-Personal Information (individually and collectively,
“Information”). “Personal Information” is information that is directly
associated with a specific person or entity such as a user’s name, initials or
nickname, e- mail address, organization name, title, phone number, user-chosen
credentials and any technology vendor selection project data. “Non-Personal
Information” is information that, without the aid of additional information,
cannot be directly associated with a specific person or entity.
2. CHILDREN
The Site is not intended for children under 18 years of age. We do not knowingly
collect information from anyone under the age of 18.
3. GATHERING, USE AND DISCLOSURE OF NON-PERSONAL INFORMATION
A. Gathering Non-Personal Information
(i) Web Browsers Like most Site operators, SelectHub gathers from users of the
Site Non-Personal Information of the sort that Web browsers, depending on their
settings, may make available. That information includes the user’s Internet
Protocol (“IP”) address, operating system and browser type, and the locations of
the Web pages the user views right before arriving at, while navigating and
immediately after leaving the Site. Such information may also include the user’s
role/persona within their organization as stated on the Site (e.g., Procurement
Officer, Technical Evaluator, etc.), the industry in which their organization
operates (e.g., Financial Services company), the size of the organization (e.g.,
SMB, Fortune 500 company), whether user has a Project or not within the Site,
and in certain cases, high-level Project information such as product categories
included. At this time, the Site does not acknowledge browser “do not track”
settings.
(ii) Cookies A cookie is a small amount of data, often including an anonymous
unique identifier that is sent to your browser from a Site’s computers and
stored on your computer’s hard drive. Most browsers automatically accept cookies
as the default setting. SelectHub uses cookies to track a user’s use of the Site
during each Site session, both to help SelectHub improve users’ experiences and
to help SelectHub understand how the Site is being used. YOU CAN MODIFY THE
SETTING TO REJECT COOKIES OR TO PROMPT YOU BEFORE ACCEPTING A COOKIE FROM THE
SITES YOU VISIT BY EDITING BROWSER OPTIONS. IF YOU DECIDE NOT TO ACCEPT OUR
COOKIES, HOWEVER, YOU WILL NOT BE ABLE TO USE THE SERVICE.
(iii) Google Web Analytics Service We also use cookies as part of the Google Web
Analytics service that SelectHub utilizes on the Site. SelectHub may collect,
use and disclose Non-Personal Information by means of the cookies used in
connection with Google Web Analytics, and such use is subject to this Policy. In
addition, Google may collect Non-Personal Information about you by means of the
Google Web Analytics service. Google’s use of this Non-Personal Information is
subject to the Google Privacy Policy (currently located at
https://www.google.com/intl/en/privacypolicy.html). For further information
about third parties’ collection of Non-Personal Information and Personal
Information by means of the Site, please see Section 5 below.
(iv) Web Beacons A “Web Beacon” is an object that is embedded in a web page. It
is usually invisible to users but allows Site operators to check whether a user
has viewed a particular web page. Web Beacons collect only a limited set of
information including a cookie number, time and date of a page view, and a
description of the page on which the Web Beacon resides. You may not decline Web
Beacons, however, they can be rendered ineffective by declining all cookies or
modifying your browser setting to notify you each time a cookie is tendered and
permit you to accept or decline cookies on an individual basis. Third parties
are not permitted to use Web Beacons on the Site.
B. Use and Disclosure of Non-Personal Information
We use cookie technology to: (i) collect information so that we can improve our
Site by seeing which areas and features are most popular; (ii) personalize the
Site and improve the Site experience; and (iii) allow you to visit the Site
without re-entering your member ID and/or password. While we use cookies to
record current session information, we do not use permanent cookies. SelectHub
analyzes Non-Personal Information gathered from Site users to help SelectHub
better understand how the Site is being used. By identifying patterns and trends
in usage, SelectHub is able to better design the Site to improve users’
experiences, both in terms of content and ease of use. We may share Information
about our users in the aggregate with third parties for various purposes,
including to help us better understand and improve our Service, as well as for
advertising and marketing purposes. The latter allows us to offer our Site and
Service to prospective software buyers at no cost. In case you are using the
free SelectHub Community Edition offering (as described in our End User License
Agreement), based on certain Information, vendors may display and/or send you an
advertisement, message, enquiry, email or phone call, publicizing or offering
you their products; such messages would be a result of targeted advertising
based on your profile type or Information shared. In the case of users using the
SelectHub Corporate (Paid) Edition offering (as described in our End User
License Agreement), vendors do not have access to your Personal Information via
the Site; in such cases, only Non-Personal Information may be shared with them.
In either case, please note that you initiating interaction (or having SelectHub
Support personnel do so on your behalf) with a vendor through the Site or your
response to any vendor message, email or RFI/RFP/POC/Technology Scorecard may
result in that vendor viewing your Personal Information.
4. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION.
A. Collection of Personal Information
As defined above, Personal Information is information that can be directly
associated with a specific person or entity. Given that one of the primary
objectives of our Service is to easily and meaningfully connect technology
buyers and vendors, we collect a range of Personal Information from and about
Site and Service users. Much of this Personal Information is information
provided by users themselves when they register with the Site or register with a
third-party SelectHub-affiliated site, requesting a requirements template or
analyst report, or when using the Site and Service, or when speaking with a
SelectHub representative on the phone, or when interacting with SelectHub
content on social media. For example, when you register with the Site to use the
Service, you may submit your name, initials or nickname, e-mail address, phone
number and access approval request via LinkedIn.com. You may also create a
user-chosen ID and password for your use when accessing the Service in lieu of
Linkedin.com. You may also input Personal Information pertaining to your
organization, vendor selection project data, demographics, and information about
fellow stakeholders and project participants. Also, during any telephone
consultation with you, a SelectHub representative will ask you whether you would
like to be connected with relevant vendors that can provide you with information
regarding their products, services and pricing and with your consent, SelectHub
will collect your project information including your requirements, budget,
purchase timeline, along with other Personal Information for sharing with those
vendors that match your criteria and vice versa. All telephone calls are
recorded with such recordings stored on our servers as well as third-party VoIP
/ call recording service providers’ infrastructure. In addition, we may collect
and retain information that identifies you personally when you send us comments,
questions or suggestions, or if you send to us job application, resumes, or
other business contacts. Site users are under no obligation to provide SelectHub
with Personal Information of any kind, with the caveat that a user’s refusal to
do so may prevent the user from using certain Site features. BY REGISTERING WITH
THE SITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS
DESCRIBED IN THIS COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
SECTION.
SelectHub collects the above kinds of Personal Information:
* when you provide information to SelectHub, such as when you register or sign
up for any of our products such as requirements templates, analyst reports,
vendor Leaderboards, other publications, subscriptions, e-mails, contests,
newsletters, memberships, RSS Feeds, content delivery via SMS text or other
technologies, webcasts, white papers, online seminars, conferences and other
communications with SelectHub;
* when you register or sign up on the SelectHub website or SelectHub-affiliated
third-party websites, or when you register for any other SelectHub products
or services on SelectHub websites or through SelectHub affiliates or business
partners,
* when you engage with a SelectHub representative via telephone, email or
in-app messaging or chat,
* when you use the Site or the Service;
SelectHub may add other information collected from third-party sources to
enhance and/or update the Personal Information that you provided to SelectHub.
B. Use and Disclosure of Personal Information
SelectHub may use the Information a user submits for any purposes related to
SelectHub’s business purposes, including, but not limited to: (i) understanding
a user’s requirements and project goals; (ii) allowing users to identify,
short-list and establish contact with relevant vendors (and share any
information the user has provided to the vendors); (iii) allowing vendors to
respond back to the user; (iv) generating statistical studies; (v) estimating
usage; (vi) measuring aggregate traffic patterns; (vii) understanding Site
demographics, customer interest and other trends about users; (viii) improving
Services, information and products; (ix) communicating with the user; (x)
providing a user with Services or support; (xi) updating the user on Services,
information and products; (xii) personalizing the Site for the user; (xiii)
notifying the user of any changes with the Site which may affect the user; (xiv)
enforcing terms of use on the Site; (xv) in the case of users of SelectHub
Community Edition offering, displaying vendor advertisements, messages,
enquiries and other types of promotional activities; and/or (xvi) allowing the
user to access Services or otherwise engage in activities the user selects.
We may share Personal Information about certain of our users with third parties
for various purposes, including to help us better understand and improve our
Service, as well as for advertising and marketing purposes. The latter allows us
to offer our Site and Service to prospective software buyers at no cost. In case
you are using the free SelectHub Community Edition offering (as described in our
End User License Agreement), based on certain Information, SelectHub personnel
and/or vendors may display and/or send you an advertisement, message, enquiry,
email or phone call publicizing and offering you their products; such messages
would be a result of targeted advertising and follow-up based on your profile
type or Information shared. In the case of users using the SelectHub Corporate
(Paid) Edition offering (as described in our End User License Agreement),
vendors do not have access to your Personal Information via the Site; in such
cases, only Non-Personal Information may be shared with them. In either case,
please note that you initiating interaction (or having SelectHub Support
personnel do so on your behalf) with a vendor through the Site or your response
to any vendor message or RFI/RFP/POC/Technology Scorecard response may result in
that vendor viewing your Personal Information.
Addresses (physical / postal addresses, email addresses, IP addresses),
telephone numbers, and associated Personal Information of the SelectHub
Community Edition will be used to promote SelectHub as well as third-party
products and services to users, and may be shared with and/or licensed to
third-parties and advertisers for promotional purposes. When you provide your
email address to us, you agree to receive email from SelectHub and/or
third-party affiliates. We allow users to “opt-out” of receiving email from
SelectHub when email address is collected. Also, you can individually “opt-out”
of receiving further e-mail from SelectHub every time an email is received by
you. If a user does not choose to “opt-out” at the time the email address is
collected, the address may be rented and/or licensed for use to third-parties.
C. Disclosure of Personal Information As described in Section 4(A) (“Collection
of Personal Information”), users may, at their option, disclose their own
Personal Information by any means they choose. SelectHub will also disclose
Personal Information, in the following circumstances:
(i) Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat
Rooms, Site or Service (within a Project), Vendor Interactions or Similar
Services You may post Personal Information on areas of the Site that may be
viewed by other users, specific vendors or even the public at large. We urge you
to use good judgment and not post Personal Information that you do not want
other users to know. Users may not be able to change or remove public postings
once they are posted. Such Personal Information may be used by visitors of these
pages to send you unsolicited messages.
YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING
FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION BY USING OUR SITE AND
SERVICE.
(ii) DMCA Infringement Notifications, Notices of Violations of Site Terms
of Service and Other Communications Directed to SelectHub By submitting a
Digital Millennium Copyright Act (“DMCA”) Infringement Notification or other
communication (including communications about content stored on or transmitted
through the Site) you consent to have this communication forwarded to the
person or entity who stored or transmitted the content addressed by your
communication, in order to facilitate a prompt resolution. For notices other
than DMCA Infringement Notifications, upon request, SelectHub will edit out your
name and contact information. However, DMCA Infringement Notifications
(including any personally identifiable information set forth in the
Notifications) will be forwarded as submitted to SelectHub without any
deletions.
(iii) Surveys From time to time, SelectHub may also ask Site users to
participate in surveys designed to help SelectHub improve the Site. Any Personal
Information provided to SelectHub in connection with a survey will be used only
in relation to that survey, and will be disclosed to third parties not bound by
this Policy only in non-personally-identifying, aggregated form.
(iv) Employees and Third Party Processors SelectHub will disclose Personal
Information to those SelectHub employees, contractors, affiliates, vendors and
suppliers who process Personal Information on SelectHub’s behalf or participate
with SelectHub in the provision or operation of the Site.
(v) By Law, to Protect Rights and to Comply with SelectHub Policies SelectHub
discloses Personal Information if: (1) required to do so by law, or in response
to a subpoena or court order; (2) SelectHub believes in its sole discretion that
disclosure is reasonably necessary to protect against fraud, to protect the
property or other rights of SelectHub, other users, third parties or the public
at large; and (3) SelectHub believes that you have abused the service by using
it to attack other systems or to gain unauthorized access to any other system,
to engage in spamming or otherwise to violate applicable laws.
(vi) Business Transfers; Bankruptcy SelectHub reserves the right to transfer all
Personal Information in its possession to a successor organization in the event
of a merger, acquisition, or bankruptcy or other sale of all or a portion of
SelectHub assets. Other than to the extent ordered by a bankruptcy or other
court, the use and disclosure of all transferred Personal Information will be
subject to this Policy, or to a new privacy policy if you are given notice of
that new privacy policy and you affirmatively opt-in to accept it. Personal
Information submitted or collected after a transfer, however, may be subject to
a new privacy policy adopted by the successor organization.
(vii) Contests, Giveaways and other Promotions From time to time, SelectHub may
offer Site users the opportunity to participate in contests, giveaways and other
promotions offered by SelectHub or certain vendors. Any information submitted in
connection with promotions will be subject to the terms of the promotion, not
this Policy. You may be given the option to consent to the use of your Personal
Information at the time you sign up for the promotion. You will not be required
to participate in any promotion, if you are a user of the SelectHub Corporate
Edition offering.
(viii) Use of your credentials with SelectHub From time to time, such as when
troubleshooting an error or problem or when auditing usage, a SelectHub support
representative may need to log in as you (referred to as “sudo access”) into the
Site to replicate the problem or to view the relevant error message. Please be
aware that during such times, the SelectHub support representative will have
access to your data and projects within the Site; however support
representatives do not have access to your password at any time.
5. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES NOT COVERED BY THIS POLICY
Third parties are under no obligation to comply with this Policy with respect to
Personal Information or Non-Personal Information that users provide directly to
those third parties or that those third parties collect for themselves
(including, without limitation, Google as described in Section 3(A)(iii)).
Please be aware that we may provide links to third party sites as a service to
our users and we are not responsible for the content or information collection
practices of those sites. SelectHub does not control the third party websites
accessible through the Site. This Policy does not apply to information provided
to or gathered by third parties that operate them. Third parties’ privacy
policies will differ from those of SelectHub. Therefore, we encourage you to
review and understand third parties’ privacy practices before visiting third
party sites or providing third parties with information, and take those steps
necessary to, in your discretion, protect your privacy.
6. SECURITY
SelectHub takes reasonable precautions to prevent unauthorized release,
corruption, or loss of your personal and project data. However, neither people
nor security systems are foolproof. Therefore, while we have taken efforts to
guard your personal information, we cannot guarantee its absolute security.
7. MODIFYING YOUR PERSONAL INFORMATION
If you are a registered user of our Service, you may view, correct, and delete
your Personal Information, simply by logging into the Service and editing your
profile and other data.
8. OPTING OUT OF FUTURE SELECTHUB COMMUNICATIONS
If at any time you would like to opt out or unsubscribe from receiving future
arketing emails from SelectHub, you can email us at unsubscribe@selecthub.com
and we will remove you from all our marketing correspondence within 24 business
hours. Some of our marketing emails will allow you to also unsubscribe by either
responding back to it or clicking on the link at the bottom of the email;
specific instructions will be in the email body.
Please note that opting out of marketing emails does not mean that you will not
receive any future communications from SelectHub or a vendor partner to whom
your information has already been shared with, based on your verbal (via
telephone) or electronic (via the Site) approval. For example, future SelectHub
communications could be transactional, rather than marketing-related. Such
transactional emails would be related to your usage of the Service and Site,
such as responses to an ongoing RFI or RFP, or a password reset request. If you
wish to delete your account within the Site or Service, please email
support@selecthub.com with your account information, and such request will be
addressed within 24 business hours per the terms of the current EULA you have
agreed to.
For removal of your information from any vendor partner’s database, please
contact them directly. Please know that you have the right to know which vendor
partners your Personal Information may have been shared with. Such vendor
information would already have been emailed to you previously (subsequent to
your phone or electronic approval, and prior to such sharing). If you wish to
receive that data again from SelectHub, please email support@selecthub.com.
EU Citizens
If you are a citizen of the European Union and/or other areas that are within
the scope of the General Data Protection Regulation (GDPR), as of May 25, 2018,
you may have additional rights as stipulated by the above directive. If you
believe that is the case, please email support@selecthub.com with your specific
request or concern. Please note that in order to verify your identify, and
appropriately comply with your request, we may require you to provide us with
additional Personal Information.
Canadian Citizens
If you are a citizen of Canada and within the scope of the Canadian Anti-Spam
Legislation (CASL) as of July 1, 2017, you may have additional rights as
stipulated by the above directive. If you believe that is the case, please email
support@selecthub.com with your specific request or concern. Please note that in
order to verify your identify, and appropriately comply with your request, we
may require you to provide us with additional Personal Information.
9. UPDATING THIS POLICY
We may revise and update this Policy if our practices change, as technology
changes, or as we add new services or change existing ones. Whenever possible,
SelectHub may alert you by email if this policy is revised. In addition, any
changes to this Policy will be posted n the Site, and we will update the “last
updated” date set forth above. It is therefore important that you register with
the Site and notify us if you change email addresses. In any case, you should
regularly check our Policy whenever you use the Service to see if it has been
updated since your last visit.
10. APPLICABLE LAW
Our collection, storage and use of any and all Information shall be governed by
the laws of Denver, Colorado, United States of America.
11. CONTACTING SELECTHUB
Any questions about this Policy or changes to your account information should be
addressed to SelectHub by email at: support@selecthub.com. You can also report
problems at 877-692-2896 or via mail to our address at: SelectHub, Attention:
Customer Support, 611 S. Congress Ave., Suite 130, Austin, TX 78704.
Michael ShearerPolicies08.19.2015
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