Usbrandhub Inc. dba USBrandHub is a consulting company providing specialized professional services to various customers seeking to establish sourcing and shipping relationships in the United States. The services include providing research on various suppliers, assistance with product purchasing and quality control and assistance with supply and delivery management (collectively, the “Services”). USBrandHub may, from time to time and without notice to you, modify the Services offered. Please read these terms and conditions attentively. By accessing or using any website owned or operated by USBrandHub, you agree to be bound by these terms and conditions. Additionally, you confirm that you have reviewed and hereby agree to the USBrandHub Privacy Policy located at https://usbrandhub.com/privacypolicy.html.
YOUR USE OF THE WEBSITE
The Services are currently made available via USBrandHub website located at https://usbrandhub.com (the “Website”). The term Website as used herein includes all urls within the usbrandhub.com domain. These Terms and Conditions apply to your use of the Website. Additional custom agreement terms for purchasing Services may apply and shall be set forth. By purchasing any such Service you agree that additional terms are incorporated by reference into these Terms and Conditions and that you shall be bound by any such additional terms.
THIRD PARTY SERVICE PROVIDERS
Certain Services provided hereunder may involve USBrandHub identifying to you third parties who are engaged in the business of distributing, manufacturing, testing, shipping, products. USBrandHub may facilitate your ability to directly engage with such third parties.
INDEPENDENT CONTRACTOR STATUS
Nothing contained herein shall be deemed to create a partnership or joint venture between you and USBrandHub, it must be understood that all Services provided by USBrandHub are provided in the capacity of an independent contractor.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
The Website and Services are provided on an “As-Is” basis without warranty of any kind for a particular purpose or non-infringement are specifically disclaimed. USBrandHub (and its owners, affiliates, employees, partners and agents) shall not be liable for any loss resulting from the unavailability of the Website. USBrandHub does not represent or warrant that (i) the Website and/or Services will meet your requirements, (ii) the Website and/or Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from your use of the Website and/or Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you from or through any third party via any relationship that may have in any way been facilitated by USBrandHub will fully meet your needs or expectations.
In no event shall USBrandHub be liable to you for any special, consequential, incidental or indirect damages, losses, costs or expenses of any kind or any lost or imputed profits arising hereunder; however caused, and whether based, tort (including negligence), products liability or any other kind of liability regardless of whether USBrandHub has been advised of the possibility of such damages, losses, costs or expenses. You waive any claim that these exclusions deprive you of an adequate remedy. USBrandHub total liability to you shall not exceed the fees paid or payable by you to USBrandHub hereunder within the twelve-months period immediately preceding the date that the alleged wrongful act first occurred.
INDEMNIFICATION
You agree to indemnify, defend and hold USBrandHub (and its owners, officers, directors, managers, employees, partners and agents) harmless, from and against any and all, actual or threatened, third party claims, liabilities, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly or arising from or relating to your actual or alleged (a) breach by you of these Terms and Conditions or (b) violation of any applicable law or regulation or (c) wrongful act or omission.
GOVERNING LAW AND JURISDICTION
The rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of Delaware without reference to conflict of law principles. Each party consents to the exclusive personal jurisdiction of the state and federal courts and you waive any defense of lack of personal jurisdiction or improper venue or forum non-conveniens to any claim brought in such courts. In any legal proceeding relating to a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of legal fees and costs.
FEEDBACK
If you choose to provide USBrandHub with ideas or suggestions regarding the Website or any Service, you agree that USBrandHub is free to use any such ideas and suggestions for any purpose, including, without limitation, developing, improving and marketing products and services, without any liability or payment of any kind to you.