Terms and Conditions
General Terms
These Terms of Use and Conditions (“Agreement)” set forth the terms and conditions that apply to your access and use of the Hubble Financial, LLC (“The Firm”), including all information and content on the website (the “Website”) and the user subscription product (“Application”). The term “Customer” means that you have registered an account and paid for an annual subscription with The Firm to use our Application. The term “you” or “User” refers to a Customer. The term “we” refers to Hubble Financial or The Firm. By accepting electronically (clicking “I Agree”), you agree to be bound by the terms and conditions of this Agreement and Hubble Financial’s Privacy Policy. If you do not agree to this Agreement, then you may not use the Application.
Terms and Conditions Subject to Change
The Firm reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions of Use at any time. Your continued use of The Firm’s Application will mean you accept those changes.
Accepting the Terms
By using the Application, you agree to be bound by this Agreement. If you wish to become a Customer or want to make use of the Application, you must read this Agreement and indicate your acceptance during the registration process.
You must be at least 18 years of age or older and able to form a legally binding contract to be eligible to use the Application. The Firm complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from a minor.
In addition to electronically agreeing to The Terms and Conditions of Use, you should print or save a local copy of this Agreement for your records.
1. Privacy and your Personal Information
You can view Hubble’s Privacy Statement here. You agree to the Firm’s Privacy Statement, and any changes published by the Firm. You agree that the Firm may use and maintain your data according to the Firm’s Privacy Statement, as part of the Website and Application.
2. Description of the Services
Hubble Financial’s services, including content on the Website and Application, provides business intelligence for the financial services and insurance services industry. The Website is provided to you by The Firm without charge (i.e., free) and the Application is only provided for a Customer.
3. Not Professional Advice
The Application and Website is not intended to and does not constitute nor imply professional advice including: financial, tax, legal or any other professional advice. The Firm does not offer or imply financial adviser-client, certified public account-client, attorney-client, or other professional relationship between the Application, Website, The Firm and its user. The Firm uses data from third party (“Third Party”) sources. A Third Party is an organization or entity that is not owned or affiliated in any way whatsoever to the Firm. The Content on the Website and Application does not represent the opinion or professional advice of a Third Party. Information provided by The Firm, including information on the Website and Application is provided ‘as is’ and solely for informational purposes only.
4. Accuracy of Content
The Firm will make reasonable efforts to ensure that the information expressed on the Website and Application is accurate. There may be errors or misinformation that is published by the Firm on the Website and Application. The accuracy, completeness, adequacy or currency of the information expressed on the Website and Application is not warranted or guaranteed by The Firm or Third Party. Your use of this information in the Application and on the Website is at your own risk.
5. Third Party Product and Services
Information provided by the Firm may include information that provides access to Third Party information, such as company websites or registered investment advisers. The Firm does not endorse, warrant or guarantee the accuracy, quality, performance of products or services available by those Third Parties. The Firm does not receive any form of compensation (direct or indirect) from any Third-Party which may impact the placement of the Content. If you elect to use or purchase services or receive professional advice from a Third Party, you are subject to their terms and conditions and privacy policy.
6. Your Registration Information and Electronic Communications
In order to allow you to use the Application, you will need to sign up for an account with The Firm. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or The Firm cannot verify your identity, we can refuse to allow you to use the Application.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address allows you to access the Application. That Login ID and password, together with any mobile number or other information you provide from your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (if your system does not support HTML, then provided in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify The Firm immediately at the email address – support@hubblefinancial.com. If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, or that an Unauthorized Transfer has occurred, notify us immediately.
7. Limitation of Warranties
Except as expressly provided herein, the Application and all other information published by The Firm are provided to you on an “as is”, “as available” basis. The firm and any Third Party that is referenced or published the Application make no warranty or representation of any kind, either express or implied. The Firm and Third Party do not warrant the accuracy, completeness, non-infringement, timeliness, and performance of the Application. The Firm and Third Party no not make any warranty that access to the Application or any other information will be uninterrupted, secure, complete or error free, free of malware, virus or any harmful files and the Firm and any Third Party will not be liable for any damage caused by such destructive features. The Firm does not make any warranty regarding the life of any subscription or availability of the Application and Website.
8. Limitations of Liability
The Firm shall in no event be responsible or liable to you or to any Third Party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to the Website or Application, the sites or this agreement, even if the Firm has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, the Firm’s liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to a maximum of $500.00 (five hundred united states dollars).
9. Indemnification
You shall defend, indemnify and hold harmless the Firm and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Website or your use of the Application.
10. Application for Limited License
As a Customer of this Application you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Application in accordance with these Terms and Conditions of Use. The limited license will set to expire 12 months from the date at which the Customer has successfully registered and paid the annual (full amount) subscription fee. If the Customer fails to renew the subscription by failing to pay the annual subscription license fee, the license will not renew and the Customer’s account will be terminated, losing all access and privileges to the Application. The Firm reserves the right to terminate this license and discontinue your use of this Application, Website and any or all information at any time for any reason.
11. Limitations of Use for Application Limited License
You may NOT use the Website or Application to:
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Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or Application, except with prior written consent from the Firm.
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Manually extract, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Application.
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Attempt to access any information that is contained on servers and relational databases owned and operated by the Firm.
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Determine the site architecture or to extract data or information about usage, individual identities or users, via use of any network monitoring or discovery software or otherwise.
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Monitor, copy, scan, review, index, mirror, ping or validate the Website or Application without the Firm’s prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
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Contribute content that contains restricted access mechanisms, hidden content of any kind, or utilize SQL injection or cross site scripting methods.
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Use the Website or Application with the intention of gaining competitive intelligence to create a similar product, brand or competitor to Hubble Financial.
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Repurpose, rebrand, or distribute information from the Website or Application as your own information.
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Remove or alter logos, text or any other information as it appears on the Website or Application, before distributed to other parties, including commercial and personal activities.
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Transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature, or to upload any virus or malicious code to the Website, Application, and any other technology support services(e.g., relational database, document storage services) in association with the Website and Application.
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Infringe upon the rights of any Third Party published on the Website or Application including intellectual property rights, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.
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Transmit any false, misleading, fraudulent or illegal communications, information or data.
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Phishing, spoofing, illegal or fraudulent activity or to violate laws in your jurisdiction.
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Access unauthorized information
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Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences.
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Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
12. Your Use of the Website and Application
Your right to access and use the Application is personal to you and is not transferable by you to any other person or entity. You are only entitled to access to use Application for lawful purposes. Accurate records enable The Firm to provide the Application to you. You may not misrepresent your Registration and Account Information. In order for the Application to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Application will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Application.
Your access and use of the Application may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that the Firm, in its sole discretion, may elect to take. In no event, will the Firm be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
13. Mobile Device
Use of the Application may be available through a compatible mobile device or tablet, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. The firm makes no warranties or representations of any kind, express, statutory or implied as to: (a) the availability of telecommunication services from your provider and access to the services at any time or from any location; (b) any loss, damage, or other security intrusion of the telecommunication services; and (c) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
14. Email and Mobile Alerts
The Firm may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information or for Privacy Policy updates. You understand and agree that any alerts provided to you through the Application may be delayed or prevented by a variety of factors. The Firm may make reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. The Firm shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Application. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
15. CAN-SPAM Compliance
Information provided by the Firm may contain professional email addresses. You agree to use these email addresses in compliance with the CAN-SPAM Act, which includes the following:
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Don’t use false or misleading header information
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Don’t use deceptive subject lines
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Identify the message as an ad
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Tell recipients where you’re located
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Tell recipients how to opt out of receiving future email from you
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Honor opt-out request promptly
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Monitor what others are doing on your behalf
16. Anti-Spam Policy
Hubble Financial has a no tolerance spam policy. “Spam” means unsolicited communication to persons with whom our users do not have a business relationship or who have not specifically requested (opted-in to) our users’ mailings.
To use the Application, you must agree to verify only permission-based email addresses. This means all recipients must have opted-in to receive communications from the verifying entity. An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet or in-person permission to use the email address.
17. Rights You Grant to Us
By submitting information, data, passwords, usernames, other log-in information, materials and other content to the Firm through the Application, you are licensing that content to the Firm for the purpose of providing the Application. The Firm may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to the Firm for use for this purpose, without any obligation by the Firm to pay any fees or be subject to any restrictions or limitations.
18. The Firm’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Application and Website belong or are licensed to the Firm (Hubble Financial) or its software or content suppliers. The Firm grants you the right to view and use the Application subject to these terms. You may download or print a copy of information for the Application for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Application in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
19. Social media sharing
The Firm may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
20. Credit Card Payment Processing and Storage
The Firm does not process or store any credit card information on its customers. The Firm uses Stripe to store, validate and process credit card payments used for the annual subscription service. Stripe has been audited by a PCI auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, Stripe uses best-in-class security tools and practices to maintain a high level of security at Stripe. You can learn more about Stripe's security features HERE.
You agree to hold harmless the Firm and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or related to credit card fraud.
21. Closing your account with Hubble Financial
This Agreement will continue to apply until terminated by either you or the Firm. If you want to terminate this legal agreement for the Application, you may do so as follows:
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Login to your account
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Got to 'My Account'
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Scroll of the bottom of the screen till you get to 'My Subscription' category
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Click 'Delete Account' to delete your account
Your account will be closed and your ability to log in deactivated immediately. If the Customer deletes the account before the set expiration, the Customer forgoes their remaining time left on the contract and will lose all privileges and access to the Application. The Customer is not eligible for a refund (full or prorated) if they choose to terminate their account early. Your Hubble Financial account data will be removed as explained in our Privacy Statement and we will send you a confirmation via email.
The Firm may at any time, terminate its legal agreement with you and access to the Application:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if the Firm in its sole discretion believes it is required to do so by law (for example, where the provision of the Application to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that the Firm may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Application by you. Further, you agree that the Firm shall not be liable to you or any Third Party for any termination of your access to the Application, which includes the annual subscription fee (full or prorated amount).
22. Modifications
The Firm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Application with or without notice. The Firm reserves the right to change the Application, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Firm’s Application, the Firm will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Application, you may stop using the Application. Your use of the Application, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that the Firm shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Application.
The Firm may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Website or Application). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Application after those changes are posted.