Policies

Copyright Policy  |  End User Agreement  |  Privacy Policy

Copyright Policy

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Copyright Infringement Notification If you believe that content available on or through the Abuyo, Inc. DBA SelectHub (“SelectHub“) website (“SelectHub.com” or “Website“) unfairly uses or infringes one or more of your copyright(s), please immediately notify SelectHub’s Copyright Agent by mail, email or faxed notice (“Notification“) providing the information described below. A copy of your Notification will be sent to the person responsible for the material addressed in the Notification.

Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in a Notification. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, or if you believe it’s not a fair use of your copyright, you should consider first contacting an attorney.

All Notifications should include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing 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 service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent via email to: [email protected].

SelectHub End User License Agreement (“EULA”) & Terms of Use

Last Revision: May 24, 2018

THIS IS A LEGAL AGREEMENT BETWEEN YOU, A PERSON OR ENTITY WHO REGISTERS AND USES SELECTHUB.COM SERVICE ON BEHALF OF HIMSELF/HERSELF OR A BUSINESS, GOVERNMENT OR NON-PROFIT AGENCY (“End User”, “User” or “Customer”) AND ABUYO, INC. DBA SELECTHUB (“SelectHub”) REGARDING CUSTOMER’S USE OF SELECTHUB.COM SERVICES (“SelectHub Service” or “Service”). BY CLICKING “I ACCEPT” OR BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT.

1. DEFINED TERMS

  1. Agreement means this SelectHub Web Services Agreement together with any rules and restrictions that may apply at the time.
  2. Confidential Information means the SelectHub Service and any information disclosed by SelectHub to User or discovered by User on his/her own accord, either directly or indirectly, in writing, orally, or by inspection of tangible objects relating to the SelectHub Service including without limitation application functionality, application workflow, user interface, product process, application specifications, research content, requirements templates, scorecards, vendor/product leaderboards, data, text, pictures, audio, video, logos and copy.
  3. Customer’s Data or User’s Data means any Project data or other data or material submitted by Customer during their use of the SelectHub Service.
  4. Effective Date means the day the Customer clicks to accept this Agreement, or uses the SelectHub Service, whichever is earlier.
  5. SelectHub Site means the web site located at https://www.SelectHub.com or related sub-domains.
  6. SelectHub Service (or “Service”) means the SelectHub vendor selection, e-sourcing and e-procurement application or product or product components thereof including but not limited to application functionality, market research, requirements templates or vendor/product scorecards and/or leaderboards that SelectHub makes available to Users over the Internet by means of the SelectHub Site for collaborating on product and services evaluations, vendor sourcing, procurement, sales and marketing purposes.

2. SCOPE OF SERVICE; USAGE; ACCOUNTS; CUSTOMER DATA

  1. Service. SelectHub shall provide access to Customer to SelectHub Service to be hosted and operated on SelectHub’s and associated third-party computer servers and any applicable additional services in accordance with the terms of this EULA and the terms on SelectHub Site. Users may use the Service to evaluate various products and services if they are prospective buyers, or if they are vendors, they may use the Service to market to, interact with and sell their products and services to those prospective buyers.
  2. Buyer or Prospective Buyer refers to a user that is in the process of evaluating any products and services for his/her own use or use by the entity he/she is representing. A Buyer may interact with a Vendor via a message, enquiry, RFI, RFP, demo, trial, proof-of- concept (POC) or other related communication mechanism within SelectHub.
  3. Vendor refers to a user that has a product or service, or represents an entity that has a product or service that he/she would like to market to Buyers, and interact with them while responding to messages, enquiries, RFIs, RFPs, demo requests, trial requests, proof-of-concept (POC) requests, or other related communication mechanism from Buyers.
  4. Types and Cost of Service. There are two types of SelectHub Services: (i) Corporate or Paid Edition (“SelectHub Corporate”) wherein a user pays SelectHub a per-project, a per-module or a monthly, quarterly or annual subscription fee for access to the SelectHub Service and the ability to conduct their evaluations on the SelectHub platform and interact with vendors of their choice via messages, enquiries, RFIs, RFPs, demo requests, trial requests, proof-of-concept requests and other communication mechanism; and (ii) Community or Free Edition (“SelectHub Community”) wherein a user does not pay SelectHub to use the SelectHub Service but his/her usage is for functionality preview purposes only, is for a maximum of 30 days, and is subject to any/all usage data being shared with paying third-parties. The associated functionality for both editions is defined by SelectHub and is subject to change at any time. Also, the associated fees for using the Buyer-facing and the Vendor-facing aspects of the Service are subject to change from time to time. For the SelectHub Corporate edition, SelectHub charges fees that are current at the time of usage, unless the fees are pre-defined for a specific period of time via a separate contract or statement of work (SoW). Any and all unpaid or free usage of Service reverts to Community Edition.
  5. Quality of Service. SelectHub’s intention is to provide Service to both Buyers and Vendors, and the Service is to be used on an “as is” basis. SelectHub does not verify Buyer or Vendor credentials, nor does SelectHub provide any guarantee, implicit or explicit, of any kind whatsoever to Buyers or Vendors. SelectHub does not guarantee the authenticity, reliability or assurance to Buyers regarding the performance of the Service, or regarding any Vendor or Product’s ability to perform at any level. Also, SelectHub does not provide any guarantee, explicitly or implicitly, to Vendors that any leads will ever seek to purchase products or services from Vendor or will ever become customers of Vendor.
  6. Customer Accounts. When a User signs up for the SelectHub Service, SelectHub will automatically create an account (“Account”) for the User. If required, Users may create multiple Accounts for their convenience, however User is required at all times to enter accurate data about themselves, as well as organizations and Products they represent and selection Projects they are working on. This will allow SelectHub to remain an open, honest and vibrant community of professionals that evaluate, buy and sell products and services while allowing Users to control their individual privacy settings. The User who registers for the SelectHub Service on behalf of a Business, Government or Non- Profit Entity (“Entity”) is considered to be an agent of that Entity and shall be deemed the Account owner (“Account Owner”) for that Entity, unless the Entity designates another User as the Account Owner. A Customer may designate any other User to be an Account Owner for the entity by contacting SelectHub at [email protected]. There could be several Users associated or linked with an Entity’s Account. Customer is responsible for all activity occurring under its Account and for the Entity(ies) they are linked to.
  7. Projects. To collaborate on product or services evaluation and selection, a User may create one or more projects (each, a “Project”) on SelectHub and invite other Users (“Stakeholders”) to participate and contribute based on roles that are assigned to them within the Project. All Projects are directly associated with the User that created the Project, as well as indirectly associated with other Users that are Stakeholders. User shall notify SelectHub immediately of any unauthorized use of any password, account, copying or access to the SelectHub Service. Each User shall have a unique login (email address and username) (“UserID”), which may not be shared, but may be reassigned to new Users replacing former Users.
  8. User’s or Customer’s Data. SelectHub does not own any of the Customer’s Data. Customer is solely responsible for the accuracy, integrity, and legality of Customer’s Data. Notwithstanding anything to the contrary in this Agreement, SelectHub shall not be responsible or liable for the deletion, corruption, correction, destruction, damage, loss or failure to any of Customer’s Data. Customer shall not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses and other harmful code, or data which violates the rights of any individual or entity established in any jurisdiction including, without limitation, medical information, credit card information or social security numbers, driver’s license or personal identification numbers or account numbers on, to or from the SelectHub Service. Customer represents and warrants that it is in compliance with and will comply with all applicable privacy and data protection laws and regulations with respect to any of Customer’s Data uploaded or submitted to the SelectHub Service and its use of the SelectHub Service and performance of its obligations under this Agreement. Customer will indemnify, defend and hold SelectHub harmless from any claims, losses and causes of action arising out of or related to Customer’s breach of this Section 2.8. In the case of SelectHub Community edition Users, SelectHub may share User’s Data and/or usage statistics with one or more paying third-parties, in order to be able to provide Service for free to User.
  9. User IDs and Security. A User may invite and allow any other User to use the SelectHub Service. No User ID may be shared by more than one User. User is entirely responsible for maintaining the confidentiality of its own User IDs and Account information, as well as maintaining the confidentiality of any Entities they are associated with on SelectHub. User acknowledges and agrees that as between the parties, User is solely responsible for User’s use of SelectHub and all acts, omissions and use of User IDs or passwords or in connection with SelectHub.
  10. Use of Mutual Non-Disclosure Agreement (MNDA), Requirements Templates, Scorecards and Leaderboards. SelectHub provides MNDA templates, Requirements Templates, Scorecards, Leaderboards and other such resources within SelectHub purely for the convenience of Users on an “as is” basis. Users are expected to obtain qualified legal and other professional advice prior to utilizing or relying on these resources provided within SelectHub. SelectHub does not represent that any of these resources provided are error-free, or that they are suited for Customer’s use, nor is SelectHub responsible for any consequences from the Customer’s use of these resources within SelectHub.

3. USER CONDUCT/ACCEPTABLE USE POLICY

Users may not use the SelectHub Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Users may not use the SelectHub Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of SelectHub or others. Users are entirely responsible for the content of, and any harm resulting from any of their postings or submissions to the SelectHub Site and SelectHub Service (collectively, “Contributions”). As a User or Customer, when you create or make available a Contribution, you represent and warrant that you:(a) will not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the SelectHub Site, computer systems and network, or the SelectHub Service and will not post Contributions that constitute, contain, install or promote spyware, malware or other computer code, whether on SelectHub’s or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;

(b) will not attempt to interfere with any other person’s use of the SelectHub Service;

(c) will not misrepresent your identity or impersonate any person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity. This includes linking with (or attempting to link), or claiming access (or attempting to claim access) to a Company or any associated artifacts and resources including Projects and Products within SelectHub if you are not employed by or affiliated in an official capacity with that company. Such an action may result in SelectHub revoking access to that Company and all associated artifacts and resources and in turn, granting those to other authorized users.

(d) will not attempt to gain access to any account, computers or networks related to the SelectHub Service without authorization;

(e) will not attempt to obtain any data through any means from the SelectHub Service, except if we intend to provide or make it available to you;

(f) will not attempt to charge others to use the SelectHub Service either directly or indirectly;

(g) will not use the SelectHub Service to participate in pyramid schemes or to transmit chain letters, or to create an undue burden on the SelectHub Site or the networks or services connected to the SelectHub Site, including, without limitation, hacking into the SelectHub Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

(h) will not use the SelectHub Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited e-mail or communications or unsolicited commercial e-mail or other communications or engaging in unauthorized faming of, or linking to, the SelectHub Site without the express written consent of SelectHub;

(i) will not post Contributions that (1) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable or incite, encourage or threaten immediate physical harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) contain material that solicits personal information from anyone under 18 or exploits anyone in a sexual or violent manner;

(j) will not use the SelectHub Service to send or otherwise make available, any Contribution unless you own or have sufficient rights to such Contribution or have received all necessary consents to post such Contribution;

(k) will not post Contributions that violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of SelectHub or any other person;

(l) have fully complied with any third-party licenses relating to Contributions, agree to pay for all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through the SelectHub Site;

(m) will not use the SelectHub Service to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property;

(n) will not use the SelectHub Service to download any material sent by another user of the SelectHub Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(o) will not use the SelectHub Service to violate any code of conduct or other guidelines which may be applicable to the SelectHub Service or the SelectHub Site;

(p) will not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by SelectHub in connection with the SelectHub Site, SelectHub Service; or

(q) will not post Contributions that contain advertisements or solicit any person to buy or sell any products or services (other than those provided and approved by SelectHub).

4. GRANT OF LICENSE TO SELECTHUB

As between you and SelectHub, you exclusively own all rights in and to the Contributions that you submit to the SelectHub Site. SelectHub needs a limited license from you so that we can use your Contributions to make the SelectHub Service and SelectHub Site available to you. For example, if you upload Product specifications, Project requirements, Product drawings, whitepapers or other Product related collateral and resources, or a graphical presentation of how a Product works to the SelectHub Site, we need a license from you to display, perform and distribute these Contributions in order to make these Contributions available to you on your Product and/or Project pages. And, if you permit third parties (such as your customers, vendors or consultants) to view your Product or Project pages, we need to have a license to sub-license your Contributions to these third parties so that they can view and use those pages.By making a Contribution to the SelectHub Site, you grant to SelectHub a limited, perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to SelectHub), fully- paid, royalty-free (meaning that SelectHub is not required to pay you to use your Contribution), sub-licensable (subject to the restrictions below), transferable (solely because we need the right to transfer this license to a successor SelectHub Site operator) and worldwide (because the Internet and the SelectHub Site are global in reach) license to use, modify, perform, display, reproduce and distribute the Contribution for the sole purpose of operating the SelectHub Site and SelectHub Service. SelectHub needs the right to “modify” and “reproduce” your Content, because the software and servers hosting the SelectHub Site modify and reproduce your Content automatically in order to make the SelectHub Site and SelectHub Service available.We will only sublicense your Contribution for the following purposes: (a) to make your Contributions available to any third party (such as a client or a contractor) that you permit to view your Product and/or Project pages on the SelectHub Site; and (b) to permit a third party hosted services provider to host the SelectHub Site. We may make Non-Identifying Information about your Products or Projects to Vendor Users so they can utilize Campaigns/Reports/Actions within SelectHub to provide you with information about their products and services. Further, if you are a User of the SelectHub Community edition, you grant SelectHub the right to be able to share your identity, Service activity and usage, and Contributions with paying third-parties, such that the Service can be provided to you for free.

5. RESTRICTIONS

A User shall not: (a) rent, lease or loan the SelectHub Service; (b) conduct automated functionality tests or load tests on the SelectHub Service; (c) attempt to gain access to data that is not User’s Data, or use a disproportionate amount of the SelectHub Service that interrupts or degrades the SelectHub Service; or (d) use the SelectHub Service in any manner that violates any applicable law or regulation, including without limitation any third party copyright or other intellectual property or proprietary right.

6. MAINTENANCE AND SUPPORT

SelectHub will provide maintenance and support services of SelectHub in accordance with the terms of this Agreement. SelectHub’s obligations, if any, to provide maintenance and support is subject to the following: (a) User shall provide SelectHub with access to itself and its personnel to duplicate and resolve errors; (b) User shall provide supervision, control and management of the use of the SelectHub Service; (c) User shall document and promptly report all errors or malfunctions in the SelectHub Service to SelectHub, and (d) User shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from SelectHub.

7. Cost of Fees.

In the case of SelectHub Corporate edition, the amount of Fees for various levels, modules and packages of SelectHub usage are different based on various criteria including but not limited to # of Projects in use, and the current Fees are disclosed to Customer by authorized SelectHub personnel. Customer is responsible for all taxes, other than taxes levied on SelectHub’s income. Fees do not include any applicable taxes. If SelectHub is required to pay any sales, use, goods and services, value added, or other taxes in relation to Customer’s use of SelectHub, those taxes will be billed to and paid by Customer. If Fees are delayed by Customer and subsequently, there are additional costs incurred by SelectHub to collect Fees from Customer, Customer agrees to reimburse SelectHub for all such additional costs including costs of collection, attorney’s fees, court costs, filing fees, and related expenses incurred on all unpaid Fees along with any interest or penalties that SelectHub may reasonably charge on all late / unpaid Fees.

8. TERM, TERMINATION AND SURVIVAL

  1. Term. This Agreement shall begin on the Effective Date and continue until terminated by either SelectHub or Customer in accordance with this Agreement. Customer can terminate this Agreement via written notice or email to SelectHub at [email protected].
  2. Termination. Either party may immediately terminate this Agreement as follows: (a) if either party materially breaches its obligations under this Agreement and fails to cure such breach within thirty (30) days after it has been notified in writing of such breach; or (b) if either party has instituted against it any proceedings seeking relief, reorganization or arrangement under any laws relating to insolvency and such proceeding is not resolved within sixty (60) days.
  3. Survival. All provisions of this Agreement, which by their terms or import are intended to survive such cancellation or termination, shall survive.

9. NO LICENSE; INTELLECTUAL PROPERTY OWNERSHIP

SelectHub hereby reserves all right, title and interest in and to the SelectHub Service and all intellectual property rights related thereto not expressly granted in this Agreement. A User shall not reverse engineer or otherwise attempt to derive source code from the SelectHub Service or any associated artifacts.

10. CONFIDENTIALITY

  1. Definition. “Confidential Information” shall have the meaning as defined above within this Agreement.
  2. Non-Disclosure and Non-Use Obligation. Recipient shall not make use of (except for purposes of this Agreement), or disseminate or in any way disclose Discloser’s Confidential Information. Recipient shall treat Discloser’s Confidential Information with the same degree (but not less than a reasonable degree) of care as it accords its own confidential information. Recipient may disclose Confidential Information only to its employees who need to know such information and certifies that its employees have previously agreed, either as a condition to employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those of this Agreement. Recipient will immediately give notice to Discloser of any unauthorized use or disclosure of Discloser’s Confidential Information and will use all commercially reasonable efforts to assist Discloser in remedying any such unauthorized use or disclosure.

11. DISCLAIMER OF WARRANTY

USER AGREES THAT USER’S ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE SELECTHUB SERVICE IS AT USER’S SOLE RISK. THE SELECTHUB SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND SELECTHUB AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. USER ACKNOWLEDGES THAT THE OPERATION OF THE SELECTHUB SERVICE MAY NOT BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE. THE SELECTHUB SERVICE MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND SELECTHUB SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO CUSTOMER.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELECTHUB AND ITS CONTRACTORS OR LICENSORS, WILL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACCESS TO OR USE OF THE SELECTHUB SERVICE, EVEN IF SUCH PARTIES WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF CUSTOMER’S CLAIMS AGAINST SELECTHUB AND ITS CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE VALUE PAID FOR USE OF THE SELECTHUB SERVICE DURING THE 3- MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO SUCH CUSTOMERS.

13. INDEMNIFICATION BY CUSTOMER

Customer will defend or settle, at Customer’s expense, any action brought against SelectHub based upon the claim that any modifications Customer makes to the SelectHub Service or any combination of the SelectHub Service with SelectHub Service or other items not approved by SelectHub infringes or violates any third party intellectual property right.

14. GOVERNMENT REGULATIONS
Customer shall not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.

15. GOVERNING LAW

This Agreement shall be governed by and construed under the laws of the State of Colorado, without regard to that state’s conflict of laws principles. Each party accepts unconditionally the jurisdiction and venue of the state and federal courts located in Denver County, Colorado. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

16. INJUNCTIVE RELIEF

Customer understands and agrees that its breach of this Agreement will cause SelectHub irreparable damage for which recovery of money damages would be inadequate, and that SelectHub shall therefore be entitled to obtain timely injunctive relief to protect SelectHub’s rights under this Agreement in addition to any and all remedies available at law.

17. NON-DISPARAGEMENT AND CONFLICT RESOLUTION

Each party agrees to resolve any and all conflicts in good faith via prompt communications to the other party outlining any concerns, and via arbitration administered via the American Arbitration Association or by other legal means, as applicable. Further, Customer agrees to not disparage SelectHub under any circumstance including but not limited to verbal disparagement or posting negative reviews on forums such as Google, Yelp, Facebook, Linkedin, and/or other review sites on the Internet.

18. MISCELLANEOUS

This Agreement is the entire agreement between the parties on the subject matter hereof. No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of this Agreement is held to be unenforceable, this Agreement will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. Customer may not assign this Agreement (by operation of law or otherwise) without the prior written consent of SelectHub and any prohibited assignment will be null and void.

This Agreement will be binding upon and will inure to the benefit of the parties permitted successors and/or assignees. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

SelectHub Privacy Policy

(Last Updated: June 20, 2024)

Abuyo, Inc. DBA SelectHub (“SelectHub” or “we“) has created this privacy policy (the “Policy“) to explain our privacy practices so you will understand when and how information is collected, used, disclosed and protected with respect to SelectHub-owned websites including but not limited to www.selecthub.com (“Site(s)” or “Web Site(s)”), applications, research content, requirements templates, analyst reports, Leaderboards, phone consultations, email surveys and other services (collectively and individually, “Service“). By using the Service, you consent to the privacy practices described in this Policy.

Because of changes in technology and the growth and development of our business, SelectHub may need to modify this Policy from time to time. Changes to this Policy are discussed at the end of this document.

1. TYPES OF INFORMATION WE COLLECT ABOUT YOU
SelectHub collects, uses and discloses two types of information: Personal Information and Non-Personal Information (individually and collectively, “Information”). “Personal Information” is information that is directly associated with a specific person or entity such as a user’s name, initials or nickname, e- mail address, organization name, title, phone number, user-chosen credentials and any technology vendor selection project data. “Non-Personal Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.

2. CHILDREN
The Site is not intended for children under 18 years of age. We do not knowingly collect information from anyone under the age of 18.

3. GATHERING, USE AND DISCLOSURE OF NON-PERSONAL INFORMATION

A. Gathering Non-Personal Information

(i) Web Browsers Like most Site operators, SelectHub gathers from users of the Site Non-Personal Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (“IP”) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Site. Such information may also include the user’s role/persona within their organization as stated on the Site (e.g., Procurement Officer, IT Director, etc.), the industry in which their organization operates (e.g., Financial Services company), the size of the organization (e.g., SMB, Fortune 500 company), whether user has a Project or not within the Site, and in certain cases, high-level Project information such as product categories included. At this time, the Site does not acknowledge browser “do not track” settings.

(ii) Cookies A cookie is a small amount of data, often including an anonymous unique identifier that is sent to your browser from a Site’s computers and stored on your computer’s hard drive. Most browsers automatically accept cookies as the default setting. SelectHub uses cookies to track a user’s use of the Site during each Site session, both to help SelectHub improve users’ experiences and to help SelectHub understand how the Site is being used. YOU CAN MODIFY THE SETTING TO REJECT COOKIES OR TO PROMPT YOU BEFORE ACCEPTING A COOKIE FROM THE SITES YOU VISIT BY EDITING BROWSER OPTIONS. IF YOU DECIDE NOT TO ACCEPT OUR COOKIES, HOWEVER, YOU WILL NOT BE ABLE TO USE THE SERVICE.

(iii) Google Web Analytics Service We also use cookies as part of the Google Web Analytics service that SelectHub utilizes on the Site. SelectHub may collect, use and disclose Non-Personal Information by means of the cookies used in connection with Google Web Analytics, and such use is subject to this Policy. In addition, Google may collect Non-Personal Information about you by means of the Google Web Analytics service. Google’s use of this Non-Personal Information is subject to the Google Privacy Policy (currently located at https://www.google.com/intl/en/privacypolicy.html). For further information about third parties’ collection of Non-Personal Information and Personal Information by means of the Site, please see Section 5 below.

(iv) Web Beacons A “Web Beacon” is an object that is embedded in a web page. It is usually invisible to users but allows Site operators to check whether a user has viewed a particular web page. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Site.

B. Use and Disclosure of Non-Personal Information

We use cookie technology to: (i) collect information so that we can improve our Site by seeing which areas and features are most popular; (ii) personalize the Site and improve the Site experience; and (iii) allow you to visit the Site without re-entering your member ID and/or password. While we use cookies to record current session information, we do not use permanent cookies. SelectHub analyzes Non-Personal Information gathered from Site users to help  SelectHub better understand how the Site is being used. By identifying patterns and trends in usage, SelectHub is able to better design the Site to improve users’ experiences, both in terms of content and ease of use. We may share Information about our users in the aggregate with third parties for various purposes, including to help us better understand and improve our Service, as well as for advertising and marketing purposes. The latter allows us to offer our Site and Service to prospective software buyers at no cost. In case you are using the free SelectHub Community Edition offering (as described in our End User License Agreement), based on certain Information, vendors may display and/or send you an advertisement, message, enquiry, email or phone call, publicizing or offering you their products; such messages would be a result of targeted advertising based on your profile type or Information shared. In the case of users using the SelectHub Corporate (Paid) Edition offering (as described in our End User License Agreement), vendors do not have access to your Personal Information via the Site; in such cases, only Non-Personal Information may be shared with them. In either case, please note that you initiating interaction (or having SelectHub Support personnel do so on your behalf) with a vendor through the Site or your response to any vendor message, email or RFI/RFP/POC/Technology Scorecard may result in that vendor viewing your Personal Information.

4. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION.

A. Collection of Personal Information

As defined above, Personal Information is information that can be directly associated with a specific person or entity. Given that one of the primary objectives of our Service is to easily and meaningfully connect technology buyers and vendors, we collect a range of Personal Information from and about Site and Service users. Much of this Personal Information is information provided by users themselves when they register with the Site or register with a third-party SelectHub-affiliated site, requesting a requirements template or analyst report, or when using the Site and Service, or when speaking with a SelectHub representative on the phone, or when interacting with SelectHub content on social media. For example, when you register with the Site to use the Service, you may submit your name, initials or nickname, e-mail address, phone number and access approval request via LinkedIn.com. You may also create a user-chosen ID and password for your use when accessing the Service in lieu of Linkedin.com. You may also input Personal Information pertaining to your organization, vendor selection project data, demographics, and information about fellow stakeholders and project participants. Also, during any telephone consultation with you, a SelectHub representative will ask you whether you would like to be connected with relevant vendors that can provide you with information regarding their products, services and pricing and with your consent, SelectHub will collect your project information including your requirements, budget, purchase timeline, along with other Personal Information for sharing with those vendors that match your criteria and vice versa. All telephone calls are recorded with such recordings stored on our servers as well as third-party VoIP / call recording service providers’ infrastructure. In addition, we may collect and retain information that identifies you personally when you send us comments, questions or suggestions, or if you send to us job application, resumes, or other business contacts. Site users are under no obligation to provide SelectHub with Personal Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Site features. BY ACCESSING OR REGISTERING WITH THE SITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION SECTION.

SelectHub collects the above kinds of Personal Information:

  • when you provide information to SelectHub, such as when you register or sign up for any of our products such as requirements templates, analyst reports, vendor Leaderboards, other publications, subscriptions, e-mails, contests, newsletters, memberships, RSS Feeds, content delivery via SMS text or other technologies, webcasts, white papers, online seminars, conferences and other communications with SelectHub;
  • when you register or sign up on the SelectHub website or SelectHub-affiliated third-party websites, or when you register for any other SelectHub products or services on SelectHub websites or through SelectHub affiliates or business partners,
  • when you engage with a SelectHub representative via telephone, email or in-app messaging or chat,
  • when you use the Site or the Service;

SelectHub may add other information collected from third-party sources to enhance and/or update the Personal Information that you provided to SelectHub. For instance, when you visit or log into our Site, cookies or other similar technologies may be used by us or our online data partners or vendors to associate your activities with other personal information they or others may have about you, including by association your IP address, email or other Information. We (or other service providers on our behalf) may then send communications to your email address or initiate custom advertising. See below on how to opt out of our marketing activities. Other partners and vendors may have their own provision to enable you to opt out.

B. Use and Disclosure of Personal Information

SelectHub may use the Information a user submits for any purposes related to SelectHub’s business purposes, including, but not limited to: (i) understanding a user’s requirements and project goals; (ii) allowing users to identify, short-list and establish contact with relevant vendors (and share any information the user has provided to the vendors); (iii) allowing vendors to respond back to the user; (iv) generating statistical studies; (v) estimating usage; (vi) measuring aggregate traffic patterns; (vii) understanding Site demographics, customer interest and other trends about users; (viii) improving Services, information and products; (ix) communicating with the user; (x) providing a user with Services or support; (xi) updating the user on Services, information and products; (xii) personalizing the Site for the user; (xiii) notifying the user of any changes with the Site which may affect the user; (xiv) enforcing terms of use on the Site; (xv) in the case of users of SelectHub Community Edition offering, displaying vendor advertisements, messages, enquiries and other types of promotional activities; and/or (xvi) allowing the user to access Services or otherwise engage in activities the user selects.

We may share Personal Information about certain of our users with third parties for various purposes, including to help us better understand and improve our Service, as well as for advertising and marketing purposes. The latter allows us to offer our Site and Service to prospective software buyers at no cost. In case you are using the free SelectHub Community Edition offering (as described in our End User License Agreement), based on certain Information, SelectHub personnel and/or vendors may display and/or send you an advertisement, message, enquiry, email or phone call publicizing and offering you their products; such messages would be a result of targeted advertising and follow-up based on your profile type or Information shared. In the case of users using the SelectHub Corporate (Paid) Edition offering (as described in our End User License Agreement), vendors do not have access to your Personal Information via the Site; in such cases, only Non-Personal Information may be shared with them. In either case, please note that you initiating interaction (or having SelectHub Support personnel do so on your behalf) with a vendor through the Site or your response to any vendor message or RFI/RFP/POC/Technology Scorecard response may result in that vendor viewing your Personal Information.

Addresses (physical / postal addresses, email addresses, IP addresses), telephone numbers, and associated Personal Information of the SelectHub Community Edition will be used to promote SelectHub as well as third-party products and services to users, and may be shared with and/or licensed to third-parties and advertisers for promotional purposes. When you provide your email address to us, you agree to receive email from SelectHub and/or third-party affiliates. We allow users to “opt-out” of receiving email from SelectHub when email address is collected. Also, you can individually “opt-out” of receiving further e-mail from SelectHub every time an email is received by you. If a user does not choose to “opt-out” at the time the email address is collected, the address may be rented and/or licensed for use to third-parties.

C. Disclosure of Personal Information As described in Section 4(A) (“Collection of Personal Information”), users may, at their option, disclose their own Personal Information by any means they choose. SelectHub will also disclose Personal Information, in the following circumstances:

(i) Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat Rooms, Site or Service (within a Project), Vendor Interactions or Similar Services You may post Personal Information on areas of the Site that may be viewed by other users, specific vendors or even the public at large. We urge you to use good judgment and not post Personal Information that you do not want other users to know. Users may not be able to change or remove public postings once they are posted. Such Personal Information may be used by visitors of these pages to send you unsolicited messages.

YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION BY USING OUR SITE AND SERVICE.

(ii) DMCA Infringement Notifications, Notices of Violations of Site Terms of Service and Other Communications Directed to SelectHub By submitting a Digital Millennium Copyright Act (“DMCA”) Infringement  Notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have this  communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications, upon request, SelectHub will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable  information set forth in the Notifications) will be forwarded as submitted to SelectHub without any deletions.

(iii) Surveys From time to time, SelectHub may also ask Site users to participate in surveys designed to help SelectHub improve the Site. Any Personal Information provided to SelectHub in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Policy only in non-personally-identifying, aggregated form.

(iv) Employees and Third Party Processors SelectHub will disclose Personal Information to those SelectHub employees, contractors, affiliates, vendors and suppliers who process Personal Information on SelectHub’s behalf or participate with SelectHub in the provision or operation of the Site.

(v) By Law, to Protect Rights and to Comply with SelectHub Policies SelectHub discloses Personal Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) SelectHub believes in its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of SelectHub, other users, third parties or the public at large; and (3) SelectHub believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

(vi) Business Transfers; Bankruptcy SelectHub reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of SelectHub assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

(vii) Contests, Giveaways and other Promotions From time to time, SelectHub may offer Site users the opportunity to participate in contests, giveaways and other promotions offered by SelectHub or certain vendors. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Policy. You may be given the option to consent to the use of your Personal Information at the time you sign up for the promotion. You will not be required to participate in any promotion, if you are a user of the SelectHub Corporate Edition offering.

(viii) Use of your credentials with SelectHub From time to time, such as when troubleshooting an error or problem or when auditing usage, a SelectHub support representative may need to log in as you (referred to as “sudo access”) into the Site to replicate the problem or to view the relevant error message. Please be aware that during such times, the SelectHub support representative will have access to your data and projects within the Site; however support representatives do not have access to your password at any time.

5. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES NOT COVERED BY THIS POLICY

Third parties are under no obligation to comply with this Policy with respect to Personal Information or Non-Personal Information that users provide directly to those third parties or that those third parties collect for themselves (including, without limitation, Google as described in Section 3(A)(iii)). Please be aware that we may provide links to third party sites as a service to our users and we are not responsible for the content or information collection practices of those sites. SelectHub does not control the third party websites accessible through the Site. This Policy does not apply to information provided to or gathered by third parties that operate them. Third parties’ privacy policies will differ from those of SelectHub. Therefore, we encourage you to review and understand third parties’ privacy practices before visiting third party sites or providing third parties with information, and take those steps necessary to, in your discretion, protect your privacy.

6. SECURITY
SelectHub takes reasonable precautions to prevent unauthorized release, corruption, or loss of your personal and project data. However, neither people nor security systems are foolproof. Therefore, while we have taken efforts to guard your personal information, we cannot guarantee its absolute security.

7. MODIFYING YOUR PERSONAL INFORMATION

If you are a registered user of our Service, you may view, correct, and delete your Personal Information, simply by logging into the Service and editing your profile and other data.

8. OPTING OUT OF FUTURE SELECTHUB COMMUNICATIONS

If at any time you would like to opt out or unsubscribe from receiving future marketing emails from SelectHub, you can email us at unsubscribe [at] selecthub.com and we will remove you from all our marketing correspondence within 24 business hours. Some of our marketing emails will allow you to also unsubscribe by either responding back to it or clicking on the link at the bottom of the email; specific instructions will be in the email body.

Please note that opting out of marketing emails does not mean that you will not receive any future communications from SelectHub or a vendor partner to whom your information has already been shared with, based on your verbal (via telephone) or electronic (via the Site) approval. For example, future SelectHub communications could be transactional, rather than marketing-related. Such transactional emails would be related to your usage of the Service and Site, such as responses to an ongoing RFI or RFP, or a password reset request. If you wish to delete your account within the Site or Service, please email privacy [at] selecthub.com with your account information, and such request will be addressed within 24 business hours per the terms of the current EULA you have agreed to.

For removal of your information from any vendor partner’s database, please contact them directly. Please know that you have the right to know which vendor partners your Personal Information may have been shared with. Such vendor information would already have been emailed to you previously (subsequent to your phone or electronic approval, and prior to such sharing). If you wish to receive that data again from SelectHub, please email privacy [at] selecthub.com.

EU Citizens

If you are a citizen of the European Union and/or other areas that are within the scope of the General Data Protection Regulation (GDPR), as of May 25, 2018, you may have additional rights as stipulated by the above directive. If you believe that is the case, please email privacy [at] selecthub.com with your specific request or concern. Please note that in order to verify your identify, and appropriately comply with your request, we may require you to provide us with additional Personal Information.

Canadian Citizens

If you are a citizen of Canada and within the scope of the Canadian Anti-Spam Legislation (CASL) as of July 1, 2017, you may have additional rights as stipulated by the above directive. If you believe that is the case, please email privacy [at] selecthub.com with your specific request or concern. Please note that in order to verify your identify, and appropriately comply with your request, we may require you to provide us with additional Personal Information.

California Residents

If you are a resident of the State of California, this Policy has outlined the personal information we collect about you, per your rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CRPA). If you would like to submit a request to exercise your California privacy rights including opting out of any retention or sharing of your personal information, you may do so by emailing us at privacy [at] selecthub.com. We will review and verify your request using information associated with your account. Please note that SelectHub may retain a copy of your information for legal records and in line with our backup/data retrieval policies. If you are concerned about your privacy rights as it applies to ongoing use of our Site or Service, please do not use the Service.

Nevada Residents

Residents of the State of Nevada are permitted, under Nevada law (SB 220), to opt out of the sharing of certain kinds of personal information with third parties for monetary consideration. If you are a Nevada resident, and wish to opt out of any sharing of your data, please email us at privacy [at] selecthub.com and we will review your request. If you are concerned about your privacy rights as it applies to ongoing use of our Site or Service, please do not use the Service.

Virginia Residents

Residents of the State of Virginia are permitted, under the Virginia Consumer Data Protection Act (VCDPA), to receive details about and/or opt out of targeted advertising or the sharing of their personal information, among other rights. If you are a Virginia resident, and wish to exercise your rights, please email us at privacy [at] selecthub.com and we will review your request. If you are concerned about your privacy rights as it applies to ongoing use of our Site or Service, please do not use the Service.

Colorado Residents

Residents of the State of Colorado are permitted, under the Colorado Privacy Act (CPA), to receive details about and/or opt out of targeted advertising or the sharing of their personal information, among other rights. If you are a Colorado resident, and wish to exercise your rights, please email us at privacy [at] selecthub.com and we will review your request. If you are concerned about your privacy rights as it applies to ongoing use of our Site or Service, please do not use the Service.

Connecticut Residents

Residents of the State of Connecticut are permitted, under the Connecticut Data Privacy Act (CTDPA), to receive details about and/or opt out of targeted advertising or the sharing of their personal information, among other rights. If you are a Connecticut resident, and wish to exercise your rights, please email us at privacy [at] selecthub.com and we will review your request. If you are concerned about your privacy rights as it applies to ongoing use of our Site or Service, please do not use the Service.

Residents of other states in the United States with specific data privacy laws

Residents of other states in the United States with specific data privacy laws may have the right to receive details about and/or opt out of targeted advertising or the sharing of their personal information, among other rights. If you are a resident of such a state within the United States, and wish to exercise your rights, please email us at privacy [at] selecthub.com and we will review your request. If you are concerned about your privacy rights as it applies to ongoing use of our Site or Service, please do not use the Service.

9. UPDATING THIS POLICY

We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. Whenever possible, SelectHub may alert you by email if this policy is revised. In addition, any changes to this Policy will be posted  n the Site, and we will update the “last updated” date set forth above. It is therefore important that you register with the Site and notify us if you change email addresses. In any case, you should regularly check our Policy whenever you use the Service to see if it has been updated since your last visit.

10. APPLICABLE LAW

Our collection, storage and use of any and all Information shall be governed by the laws of Texas, United States of America.

11. CONTACTING SELECTHUB

Any questions about this Policy or changes to your account information should be addressed to SelectHub by email at: privacy [at] selecthub.com. You can also report problems at 877-692-2896 or via mail to our address at: SelectHub, Attention: Customer Support, 611 S. Congress Ave., Suite 130, Austin, TX 78704.

Michael ShearerPolicies