This Agreement ("Agreement") is by and between Myhubtv,LLC. ("Myhubtv.com" or “website’)) a Florida Limited Lliability Corporation and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of Myhubtv services (“Services�) and set forth’s Myhubtv’s obligations to you and your obligations to Myhubtv in relation to the Services you purchase.

This Agreement as well as any additional Myhubtv policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Myhubtv concerning Your use of Myhubtv’s Services, and supersede and govern all prior proposals, agreements, or other communications. All Myhubtv policies and agreements specific to particular Service are incorporated herein and made part of this Agreement by reference.to Myhubtv services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Myhubtv may establish from time to time, and any agreements that myhubtv is currently bound by or will be bound by in the future.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You have established with Myhubtv, whether or not the transactions were in Your behalf. You acknowledge that myhubtv’s acceptance of any application made by You for Services provided by Myhubtv will take place Miami Dade County Florida.


1. USE OF WEB SITE AND CONTENTS

The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "content") that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by myhubtv and or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

This Website and the Contents on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Contents is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of myhubtv or the applicable rights holder. The Contents on the Website may not be used by third parties for telemarketing, direct marketing, commercial mass e-mail or by agents or representatives or e-mail spammers. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.

Any permitted use of the Website does not extend to using the Website or Contents for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Contents.

2. ACCESS TO MYHUBTV

A. Myhubtv hereby grants you permission to use the website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is for your personal use only and for commercial use; (ii) you will not copy or distribute any part of the Website in any medium without Myhubtv’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Myhubtv immediately of any breach of security or unauthorized use of your account. Although Myhubtv will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Myhubtv or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," etc., that accesses the Website in a manner that sends more request messages to the Myhubtv servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Myhubtv grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Myhubtv reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

3. MODIFICATIONS

You agree that myhubtv may modify this Agreement and the Services from time to time. You agree to be bound by any changes myhubtv may reasonably make to this Agreement when such changes are made. If You have purchased Services from myhubtv , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, myhubtv will not refund any amounts You have paid. You agree that Myhubtv shall not be bound by any representations made by third parties who You may use to purchase Services from Myhubtv , and that any statement of a general nature, which may be posted on Myhubtv’s Web site or contained in Myhubtv’s promotional materials, will not bind Myhubtv. Myhubtv may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Myhubtv should You desire to terminate Your use of Myhubtv’s Services. Notification of Your intent to terminate must be provided to myhubtv no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

4. UPLOADS AND SUBMISSIONS

The Myhubtv Website may now or in the future permit the submission or uploads of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Myhubtv does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Uploads or Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Myhubtv to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. However, by submitting the User Submissionsor Uploads to myhubtv , you hereby grant myhubtv a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the myhubtv website and myhubtv 's (and its successor's) business, including without limitation for promoting and redistributing part or all of the myhubtv Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the myhubtv Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the myhubtv Website.

You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant myhubtv all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage myhubtv or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Myhubtv does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and myhubtv expressly disclaims any and all liability in connection with User Submissions. Myhubtv does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Myhubtv will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Myhubtv reserves the right to remove Content and User Submissions without prior notice. Myhubtv will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Myhubtv also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Myhubtv may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

5. ACCURACY

You agree to maintain accurate information by providing updates to myhubtv , as needed, while You are using myhubtv’s Services. You agree You will notify myhubtv within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by myhubtv to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Myhubtv may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to myhubtv ’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if myhubtv has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Myhubtv has the absolute right, in its sole discretion, to terminate its Services and close Your account.

6. PRIVACY POLICY

You can view Myhubtv�s Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

7 . MYHUBTV’S SECURITY

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify myhubtv immediately of any unauthorized use of Your account or any other breach of security. You agree Myhubtv will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by myhubtv or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Myhubtv specifically disclaims liability for any activity in Your account, whether authorized by You or not.

8. IMPROPER USE

As a condition of Your use of Myhubtv’s Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to myhubtv if, for any reason, Myhubtv takes corrective action with respect to Your improper or illegal use of its Services.

Myhubtv reserves the right at all times to disclose any information as Myhubtv 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 Myhubtv’s sole discretion.

If You have purchased Services, myhubtv has no obligation to monitor Your use of the Services. Myhubtv reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Myhubtv reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Myhubtv reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Myhubtv or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Myhubtv may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, Myhubtv may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by myhubtv in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event myhubtv cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to myhubtv in connection with the Services being canceled. In the event myhubtv deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to myhubtv if, for any reason, Myhubtv takes corrective action with respect to Your improper or illegal use of its Services.

9. SPAMMING

You agree Myhubtv may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Myhubtv liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Myhubtv 's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of myhubtv’s Anti-spam Policy. Such terms and conditions are applicable to the use of all Myhubtv Services and are incorporated herein.

10. INTELLECTUAL PROPERTY

You agree that Myhubtv or its licensor holds all rights, title and interest in all Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services.

You understand and agree that all content and materials contained in this Agreement, other policies, the Myhubtv’s Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Myhubtv or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of myhubtv or licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

11. USE OF MYHUBTV SERVICES.

Myhubtv grants You a limited, non-exclusive, nontransferable and non-assignable license to use the services for such purposes as are ordinary and customary. You are free to use the service on any computer, but not on two or more computers at one time.

You agree to not alter or modify the SERVICES. You agree You are not authorized to combine the services with any other software program.. You are not authorized to integrate any plug-in or enhancement which uses or relies upon and or alters the service. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Myhubtv reserves all rights to its Software or services. The Software and any copies You are authorized to make are the intellectual property of Myhubtv . The source code and its organization are the exclusive property of Myhubtv and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by myhubtv .

Myhubtv provides this Software or service “as is� without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

12. FEES AND PAYMENT

As consideration for the Services purchased by You and provided to You by Myhubtv, You agree to pay Myhubtv at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Myhubtv expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check . If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, Myhubtv will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Myhubtv, at Myhubtv’’s then current rates. If you wish to cancel your subscription with MyHubTV.com please notify us 30 days in advance by calling 1-866-MYHUBTV (694-8288) or email us at: info@myhubtv.com

If for any reason Myhubtv is unable to charge Your Payment Method for the full amount owed myhubtv for the Services provided, or if myhubtv is charged a penalty for any fee it previously charged to Your Payment Method, You agree that myhubtv may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason myhubtv is unable to charge Your credit card with the full amount of the Services provided, or if myhubtv is charged back for any fee it previously charged to the credit card You provided, You agree that myhubtv may pursue all available remedies in order to obtain payment. You agree that among the remedies Myhubtv may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of Services registered or renewed on Your behalf. Myhubtv reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal. and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You agree that You are solely liable for arranging that Your Services are renewed, and that myhubtv shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services. All purchases of the services for Myhubtv are made in US dollars.

13. PAY PAL

By using myhubtv ’s pay by PayPal, Inc. (“PayPal�) option (“Pay by PayPal�), You can purchase Myhubtv’s Services using PayPal. In consideration for the Services purchased by You and provided to You by Myhubtv, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.

It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Myhubtv will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and myhubtv may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.

By clicking the box labeled “I agree� to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.

14. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE MYHUBTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MYHUBTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYHUBTV WEBSITE. MYHUBTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYHUBTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYHUBTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

Myhubtv expressly reserves the right to deny, cancel any service that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of myhubtv , as well as its affiliates, subsidiaries, officers, directors and employees. Myhubtv also reserves the right to freeze an account during resolution of a dispute.

Myhubtv expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Myhubtv makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Myhubtv does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

15. LIMITATION OF LIABILITY.

IN NO EVENT SHALL MYHUBTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MHUBTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MYHUBTV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Myhubtv ’s liability is limited to the full extent permitted by law. You agree that in no event shall Myhubtv’s maximum aggregate liability exceed the total amount paid by You for the Service in dispute purchased from Myhubtv Myhubtv expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Myhubtv makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Myhubtv does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Myhubtv and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with myhubtv whether or not on Your behalf, and whether or not with Your permission) use of the Services You purchased from Myhubtv or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Myhubtv harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Myhubtv be notified of a pending law suit, or receive notice of the filing of a law suit, Myhubtv may seek a written confirmation from You concerning Your obligation to indemnify Myhubtv. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Myhubtv shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Myhubtv of any such claim promptly in writing and to allow Myhubtv to control the proceedings. You agree to cooperate fully with Myhubtv during such proceedings.

You agree to cooperate fully with Myhubtv during such proceedings. You agree You will not be entitled to a refund of any fees paid to Myhubtv if, for any reason, myhubtv takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Myhubtv is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with Myhubtv , that Myhubtv , in its sole discretion, may take whatever action myhubtv deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

17. TRIAL BY JURY WAIVER

This agreement shall be deemed entered into in the State of Florida. You agree that the laws and judicial decisions of Miami Dade County, Florida shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Miami Dade County, Florida. For the adjudication or disputes concerning the use of any service of Myhubtv, You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Florida located in Miami, Florida.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

18. NOTICES.

You agree that all notices (except for notices concerning breach of this Agreement) from myhubtv to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with myhubtv. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Myhubtv shall be made either by email at support@myhubtv.com or sent to the address provided on the myhubtv Web site, or first class mail to Myhubtv ’s address at:

MyHubTV, LLC 13876 SW 56 Street #223, Miami, Florida 33175

19. IN TOTAL AGREEMENT

You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Myhubtv regarding the Services contemplated herein.

20. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

21. WAIVER

The failure of myhubtv to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of myhubtv thereafter to enforce such provisions.

22. WEBSITE OPERATION

Myhubtv will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Myhubtv liable for any of the consequences of such interruptions.

23. ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the MYHUBTV Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Myhubtv Website.