Terms of Use

Updated June 30, 2024

This constitutes a binding agreement (“Terms,” “Terms of Use,” or “Agreement”) between you and Hub, Inc., a Missouri limited liability company, doing business as “Hub, Inc.” (“Hub, Inc.,” “us,” “we,” or the “Company”).

These Terms apply to all services provided by Hub, Inc. (“Services”) where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by Hub, Inc. (“Stores”), as well as physical delivery of products to you (“Delivery Service“).  Services also include digital services provided through the Internet website located at Hub, Inc./ (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by Hub, Inc. or its partners (collectively, “Digital Services”).

By using Hub, Inc. Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use the Company’s Services, including its Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE COMPANY’S SERVICES, INCLUDING ITS WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

This Agreement is published on the Company’s Website at https://hubtobacco.com. To access it, visit the Website, and click on the “Terms of Use” hyperlink.

By using the Company’s Services, or by accessing the Website, you acknowledge that you have read these terms of use, and the Company’s Privacy Policy included here by reference, and agree to be bound by them.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting https://hubtobacco.com and then clicking on the Privacy Policy hyperlink.

By using the Company’s Services, including the Website, you agree to be bound by the Company’s Privacy Policy that is expressly incorporated into this Agreement by this reference.

Changes to Terms of Use

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Terms on this Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Services.

No Use of the Services by Persons Under 21 Permitted

Our Services are intended for a mature audience. The Company intends only persons who are consumers 21 years or older to use the Services, including the Website.  You agree that by using the Services, you represent that you are a certifiable business adhering to all federal, state, and local laws.

Legal Disclaimers

By using the Company’s Services, including the Website, you agree to be bound by the Company’s Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at https://hubtobacco.com, and then click on the Legal Disclaimers hyperlink.

Account Information

You must create an account, or customer profile, and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services as well as to qualify for designated discounts and/or promotional offers. You can request to create an create by completing the corresponding forms contained on our website. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar “social networking” services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Account Profile.

When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for all use of your account, and the activity that occurs on your account.

Hub, Inc. shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the mobile application (“App”) provided by Hub, Inc (“Hub”) exclusively for its clients. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

  1. License

Hub grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your internal business purposes as a client of Hub. You may not sublicense, sell, or distribute the App or any part of it.

  1. Account Registration

To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

  1. Use of the App

You agree to use the App in compliance with all applicable laws and regulations. You may not use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. You may not attempt to gain unauthorized access to any account, computer system, or network through the App.

  1. Intellectual Property

The App and its original content, features, and functionality are owned by Hub and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the App or create derivative works based on the App.

  1. Privacy

Your privacy is important to us. Our Privacy Policy governs the collection, use, and disclosure of your personal information by the App. By using the App, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

  1. Termination

Hub may terminate your access to the App at any time without prior notice if you violate these Terms. Upon termination, you must cease all use of the App and delete all copies of the App from your devices.

  1. Disclaimer

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of Liability

IN NO EVENT SHALL HUB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of St. Louis County, MO without regard to its conflict of law provisions.

  1. Changes to Terms

Hub reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

  1. Contact Us

If you have any questions about these Terms, please contact us at info@hubtobacco.com.

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Term

Email Communications

By providing your email address to Hub, Inc. via the Internet or in person, you are consenting to receive marketing communications from Hub, Inc. until you opt out. You can opt out of marketing communications at any time by sending your request to info@hubtobacco.com in accordance with the rules published in the Company’s Privacy Policy.

Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Note that if you provide your email address to Hub, Inc., you consent to receive service messages (“Service Messages”) from Hub, Inc., which include notices about Hub, Inc.’s communications, your inquiries to Hub, Inc., your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since Hub, Inc. may be legally required to inform you of important facts.

Mobile Device Use

By providing your email address or phone number to Hub, Inc. via the Internet or in person, you are consenting to receive marketing communications from Hub, Inc. on your phone or another mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.

You can opt-out of marketing communications at any time by sending your request to info@hubtobacco.com in accordance with the rules published in Company’s Privacy Policy, or by clicking the “Unsubscribe,” “Opt-Out,” “Cancel,” or “Stop” links in promotional communications you receive, if such links are present.

In the event you elect to opt out of communications to your mobile device, you may receive an additional message from the Service confirming your election.

The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error-free.

You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from the Company to your mobile device.

Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of the Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

Product Purchases, Billing, and Payment

You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you.

When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by visiting the Hub, Inc. location of your choosing.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

All prices specified in the descriptions of the Services are individual account-oriented wholesale prices.

You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Products you purchase. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees if they are later determined to be payable on such sale, and the Company reserves the right to collect such taxes or other fees from you at any time.

Exchanges and Refunds

For a limited time determined by us, we may offer exchanges for some goods you purchase from us, provided they remain unopened and in their original and perfect saleable condition. See our return policy information here. See or call your nearest Hub, Inc. store for current exchange/refund details. Note that all sale items are final and cannot be exchanged. No refunds are permitted on sale items, nor on items that cannot be resold in perfect, unused condition.

User Content

If you send or post information (“User Content”) to Hub, Inc. or its Services, including photos, messages, or commentary, you grant Hub, Inc. a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Website or using other Hub, Inc. Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against any damages resulting from, any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent at: Hub, Inc. Attn: Website Administrator, 893 Bolger Court., Fenton, Missouri 63026, or via email at info@hubtobacco.com.

Restrictions

You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bots” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.

You will not attempt to gain unauthorized access to any portion or feature of the Company’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.

Accessing, collecting, and/or harvesting Members’ information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, is prohibited.

You agree not to frame the Hub, Inc. Website or other Digital Services in browser frames, or otherwise reroute or alter content from the Company’s Digital Services en route to a visitor’s browser.

You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages, or unsolicited commercial messages.

You agree not to impersonate Company employees in any electronic message sent to the Company or its Members.

Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Violations

The Company reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that the Company provides a high-quality experience for you and for other users of the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with the use of the Website or other Services.

No Warranties

The Company hereby disclaims all warranties. Hub, Inc.’s Services, including, but not limited to, its Website, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relation to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents, or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

Affiliated Websites

The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including the Website, any other party’s access and use of the Services with your unique Member account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. The Company will notify you of any such claim, loss, liability, or demand, provided that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Copyright

All contents of the Services, including the Website, are Copyright 2024, Hub, Inc. 893 Bolger Court, Fenton, Missouri 63026. All rights reserved.

Trademarks

All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.

Governing Law and Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Missouri, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Services, including the Website, shall be determined by arbitration in the County of St. Louis, Missouri before one arbitrator. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply to a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County of St. Louis, Missouri. You hereby accept the exclusive jurisdiction of such court for this purpose.

IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO info@hubtobacco.com (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Hub, Inc. 893 Bolger Court, Fenton, Missouri 63026 THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY HUB, INC.’S SYSTEMS THAT TRACK SIGNUPS. In order to opt out, you must email your name, address (including street address, city, state, and zip code), and email address and account number associated with your Member account to which the opt-out applies: info@hubtobacco.com This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action.

Your access and continued use of the Website signifies your explicit consent to this waiver.

Severability Waiver

If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

No License

Nothing contained on the Hub, Inc. Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Website and/or other Services; and (c) discontinue the Website and/or Services at any time or from time to time. The Company shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

Availability and Use Outside of the United States

The Services are controlled, offered, and operated from facilities in the State of Missouri, United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.

Notification Procedures

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. The company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt-out of certain means of notification as described in this Agreement.

Hub Inc Client Mobile App

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE HUB, INC. VIRTUAL CLIENT APP, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR PARTICIPATE IN THE HUB, INC. BUDS REWARDS PROGRAM.

The Hub, Inc. Client Portal is a free program offered to you by Hub, Inc. its affiliates, parent companies, and subsidiaries (collectively “Hub, Inc.” or “we”). Participation in the Program is subject to these Terms and Conditions and the Hub, Inc. Privacy Policy, which can be found at Hub, Inc./privacy-policy/. You agree that we may provide notices, disclosures, and amendments to these Terms and Conditions, and other information relating to the Program by electronic means, including but not limited to posting information and materials on this page. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Hub, Inc. for other products or services. Hub, Inc. reserves the right to change or modify these Terms and Conditions or any policy related to the Program, in whole or in part, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to Hub, Inc. or upon sending them to all eligible participants via e-mail. You waive any right you may have to receive specific notice of any such changes or modifications.

Eligibility

The Program is available at participating and eligible wholesale account locations. Membership is limited to qualifying clients in the state(s) eligible for the client portal only and is limited to one account per Company. Membership will not be available to single individuals or anyone other than an individual, unless written approval is received in advance from Hub, Inc., in its discretion. If you are not eligible, you are prohibited from accessing, using, and registering for the Program. Employees of Hub, Inc., its affiliates and subsidiaries are not eligible to become Members of the Program and are excluded from certain promotions. Hub, Inc. may refuse to offer or continue offering Program access or services to any person and may change its eligibility criteria from time to time at its sole discretion. Hub, Inc. may refuse to accept any application to register as a Member at its sole discretion.

Enrollment and Qualifying Purchases

Customers may enroll in the Program at any time by requesting access through applicable forms on the website or bu contacting info@hubtobacco.com and providing all necessary information required for eligibility.

Account Termination

Participation in the Program is a privilege granted to Members, and as such may be revoked, suspended, or terminated at any time by Hub, Inc. for any reason. If your membership is terminated due to fraudulent activity or noncompliance with these Terms and Conditions, in addition to immediately forfeiting all membership benefits, you cannot participate in or rejoin the Program, and Hub, Inc. reserves all rights to pursue damages caused by the fraudulent activity or non-compliance.

Program Changes and Terminations

We reserve the right to change or terminate the Program, or any part thereof, at any time without notice and without further obligations to Members.

Program Communications

Unless Member has expressly opted out of receiving marketing communications, Hub, Inc. will communicate with Members about Member promotions and other marketing materials via mail, e-mail, and other channels.

Taxes

Member is responsible and liable for any applicable sales, use, or other taxes which may result from Member’s participation in the Program.

Release of Liability

By agreeing to participate in the Program, you release Hub, Inc., its parent and subsidiaries and affiliate entities and vendors, and each of their respective directors, officers, employees, and agents (collectively “Released Parties”) from all liability with respect to the misdirection or misuse of any points or Rewards, or the use of any Reward by any individual other than the Member who earned the Reward. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees and expenses) relating to your participation in the Program, or agreement to any of these Terms and Conditions.

Warranties and Disclaimers

The Program may be unavailable, inaccurate, or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions, or errors of the Program or its features. Hub, Inc. is not responsible for the unauthorized use of points. Hub, Inc. may from time to time request information from you to confirm your identity before it will allow the use of your points.

The Released Parties make no warranty or condition, express or implied, including, but not limited to, any warranties or conditions of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program, including the Rewards. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL BENEFITS AND REWARDS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. PROGRAM PRODUCTS, SERVICES, AND BENEFITS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HUB, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROGRAM, AND THE HUB, INC. WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, HUB, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED IN THE PROGRAM, ON THE HUB, INC. WEBSITES OR AT THE HUB, INC. STORES. TO THE FULLEST EXTENT PERMITTED BY LAW, HUB, INC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, HUB, INC. WEBSITES AND HUB, INC. MARKETING MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

Limitation on Damages

UNDER NO CIRCUMSTANCES SHALL HUB, INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HUB, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE HUB, INC. WEBSITES OR THE PROGRAM, FROM YOUR INABILITY TO USE THE HUB, INC. WEBSITES, THE PROGRAM, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HUB, INC. WEBSITES OR THE PROGRAM, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO THE PROGRAM OR THESE TERMS AND CONDITIONS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HUB, INC. WEBSITES, THE PROGRAM, OR ANY LINKS ON THE HUB, INC. WEBSITES AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.  YOU AGREE TO INDEMNIFY AND HOLD HUB, INC., ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; ANY THIRD-PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE HUB, INC. WEBSITE OR THE PROGRAM; YOUR VIOLATION OF THE TERMS AND CONDITIONS; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Intellectual Properties

All Program designs, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or intellectual property in such materials are owned by Hub, Inc..

Governing Law

To the fullest extent permitted by law, any claim or dispute arising out of or relating to the Program and/or these Terms and Conditions will be governed by and construed under the substantive laws of the State of Missouri, without reference to conflict-of-laws considerations. FURTHER, ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ST. LOUIS COUNTY, MISSOURI. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, HUB, INC. AND MEMBERS UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. HUB, INC. AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MISSOURI. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Severability

If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Opting Out

A Member may opt out of the Program at any time by emailing info@nblisscannabis.com.

Contact Us

For questions or comments about the Program, please email info@nblisscannabis.com