Terms of Use

Effective: 6/1/2011

Acceptance of Terms

Hubzi^TM is an online web site operated by ePlanex, Inc. ("ePlanex","Hubzi", or "We" or "Us"). Hubzi provides a collection of services, (referred to hereafter as  "Services"). Some Services of Hubzi offer vouchers for sale (“Vouchers”) or coupons ("Coupons") on behalf of merchants (“Merchants”) which may be exchanged for goods and/or services at Merchants and other third parties. The Services that Hubzi provides to you are subject to the following Terms of Use ("TOU"). Hubzi reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the Terms of Use hyperlink located at the bottom of our Web pages.

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Hubzi”) have provided.

Use of Services

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. In addition you MAY NOT:

• Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Upload or distribute or attempt to upload or distribute files that contain viruses, Trojan horses, worms, or any other similar software of programs that may damage the operation of another's computer or property of another.
• Distribute false or misleading information.
• Create a false identity for the purpose of misleading others.
• Use the Services in any manner that could damage, disable, overburden, or impair any Hubzi server or the network(s) connected to any Hubzi server.
• Interfere with any other party's use and enjoyment of any Services.
• Attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Hubzi server or to any of the Services, through hacking, password mining or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
• Copy, modify, or distribute any other person’s content without their consent.
• Use any robot, spider, scraper or other automated means to access Hubzi and harvest or otherwise collect information about others, including email addresses and contact information, without their consent
• Post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark.

Hubzi has no obligation to monitor the Services provided. However, Hubzi reserves the right to review materials posted and to remove any materials in its sole discretion. Hubzi reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Hubzi reserves the right at all times to disclose any information as Hubzi deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Always use caution when giving out any personally identifiable information about yourself. Hubzi does not control or endorse the content, messages or information found on the site and, therefore, Hubzi specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services.

Materials provided to Hubzi

Hubzi does not claim ownership of the materials you provide to Hubzi or post, upload, input or submit to any Services or its associated services for review by the general public. However, by posting, uploading, inputting, providing or posting your submission you are granting Hubzi, its affiliated companies and sub-licensees permission to use your submission in connection with the operation of its business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your name in connection with your submission; and the right to sub-license such rights to any supplier of the Services.

By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

No compensation will be paid with respect to the use of your submission, as provided herein. Hubzi is under no obligation to post or use any submission you may provide and Hubzi may remove any Submission at any time in its sole discretion.

Fees and Services

We may charge fees for certain services. You will be able to review and accept the charges where applicable. All fees are in US Dollars. We may change our fees from time to time. We will notify you of changes to our fee structure by posting such changes on the site. Our fees are non-refundable, and you are responsible for paying them when they are due. We may limit your ability to use the Services if you fail to pay the applicable fees in a timely manner. If your payment method fails or your account is past due, we may collect fees owed using different collection mechanisms.

Vouchers

We offer vouchers and coupons for certain services. All vouchers (or coupons) printed from the Site or received through email from the Site (“Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through the Site to be used in exchange for goods and services at a discounted rate. The Merchant, not Hubzi, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase through the Site.

By placing an order for a Voucher from a Merchant through the Site, you agree with the terms and conditions stated below. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

• Vouchers do not have any cash value.
• No cash back or credit will be issued for partial redemption of the paid portion or the promotional portion of a Voucher, except as required by applicable law.
• The issuing of credit or refund is at the sole discretion of the Merchant unless otherwise required by applicable law.
• Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law.
• Redemption frequency is determined by Merchants, and shall be contained in the Voucher offer on the Site.
• Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
• Vouchers cannot be used for taxes, tips, prior balances, shipping and handling charges unless permitted by the Merchant.
• Neither Hubzi nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
• Reproduction, sale or trade of Vouchers is prohibited unless done so in compliance with applicable law.
• Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include any type of sales or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
• Any attempted redemption not consistent with these terms & conditions will render the Voucher void.
• Hubzi’s sole role in the transaction is as a marketing agent for the Merchant Voucher. The applicability and compliance with any relevant statute or code is solely determined by the Merchant, and Hubzi has no role in such determination or action on the part of the Merchant.
• Limit one Voucher per redemption unless otherwise specified by Merchant.
• Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
• The expiration date for a Voucher is as printed on the Voucher.

The expiration date for a Voucher is as printed on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Voucher, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher (i.e. if you paid $25 for a Voucher which gives you $50 of value of goods and/or services, the cash value that you paid is $25, not $50).

Merchant Responsibility

The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Hubzi and its officers, directors, employees and agents from any claims, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof.

Limitation of Liability

Hubzi does not control or endorse the content, messages or information found on the site and, therefore, Hubzi specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services.

In no event shall Hubzi be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to any product or services used or purchased by End User in connection with the Site.

Indemnification/Release

End User agrees to defend, indemnify and hold harmless Hubzi, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services used or purchased by End User in connection with the Site. End User is solely responsible for interactions with the Site, Merchants and other users of the Site. To the extent permitted under applicable laws, End User hereby waives and releases Hubzi, its officers, employees and agents from any and all claims or liabilities related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher or a Coupon, and any conduct or speech of any other user.