This End User License Agreement (“EULA”) between FirstLoading Limited and its affiliates (“we,” “us,” “FirstLoading,” or the “Company”) and you (“you,” “your” or “user”) governs your use and enjoyment of the interactive ELinehub, accessed by application (“App”).   

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING ELINEHUB, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.  IF YOU DO NOT AGREE, YOU MAY NOT USE ELINEHUB.

THIS AGREEMENT CONTAINS MUTUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, WHICH YOU SHOULD REVIEW BELOW. 

 

Please contact us with any questions you might have regarding this EULA.  You may email us at [support@elinehub.com].

 

1.Scope of License

ELinehub is licensed, not sold, to you for use only under the terms herein.  FirstLoading is the owner of ELinehub at all times.  FirstLoading reserves all rights not expressly granted to you.

Subject to your compliance with the terms herein, this license granted to you for use of ELinehub by FirstLoading is limited to a non-exclusive, non-transferable, non-sublicenseable license to use ELinehub on any device that you own or control and as permitted herein.  This license does not allow you to use ELinehub on any device that you do not own or control. You may not copy (except as expressly permitted herein), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of ELinehub, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).  Any attempt to do so is a violation of FirstLoading’s and its licensors’ rights.  If you breach this restriction, you may be subject to prosecution and damages.  The terms of the license will govern any upgrades provided by FirstLoading that replace and/or supplement the original ELinehub, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

2.Services And Third-Party Materials

ELinehub may enable access to FirstLoading and third-party services, web sites and servers (collectively and individually, “Services”).  Use of the Services may require Internet access and that you accept additional terms of service.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that FirstLoading shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

The Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites.  By using the Services, you acknowledge and agree that FirstLoading is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites.  FirstLoading does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties.  Third-Party Materials and links to other web sites are provided solely as a convenience to you.  Financial and other information displayed by any Services is for general informational purposes only and is not intended to be relied upon for any purposes.  Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.  Neither FirstLoading, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.  You should read the terms of use of any website you may link to from ELinehub. This EULA applies only to ELinehub and the Services. If you access any third-party site linked to ELinehub, you do so at your own risk. We reserve the right to terminate any link or linking program at any time and disclaim all warranties, express and implied, as to the accuracy, validity, and legality of any materials or information contained on such sites.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.  No portion of the Services may be reproduced in any form or by any means. 

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.  You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that FirstLoading is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

Services and Third-Party Materials that may be accessed from, displayed on or linked to and/or from ELinehub are not available in all languages or in all countries.  FirstLoading makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location.  To the extent you choose to access such Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.  FirstLoading, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice.  In no event will FirstLoading be liable for the removal of or disabling of access to any such Services.

 

3.USE RESTRICTIONS AND CODE OF CONDUCT 

UNAUTHORIZED USE OF ELINEHUB AND THE SERVICES IS STRICTLY PROHIBITED.

You can only use ELinehub if you are over 18 years old, it is legal for you to use ELinehub and the Services, and you are legally capable of entering into a binding contract.  Minors under the age of 18 must obtain parental consent to use ELinehub.

We may assign you a password and account identification to enable you to access and use certain portions of the ELinehub. Each time you use a password or identification, you will be confirming that you are authorized to access and use the ELinehub in a manner consistent with this EULA.  We have no obligation to investigate the authorization or source of any such access or use of ELinehub. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF ELINEHUB BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE OF ELINEHUB IS ACTUALLY AUTHORIZED BY YOU.  THIS INCLUDES, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.  SOME JURISDICTIONS MAY LIMIT YOUR LIABILITY FOR UNAUTHORIZED USE, AND FIRSTLOADING WILL RESPECT THOSE LIMITATIONS WHERE APPLICABLE.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this App's security as soon as you become aware of the offending conduct.

Submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider ways to protect your submissions before sending any information.

All visitors to ELinehub are subject to our basic rules of conduct while using and accessing our Services and Content (defined below).  You agree to:

(a) Refrain from violating applicable federal, state and international laws and regulations;

(b) Refrain from using our Services to send unsolicited emails, bulk mail, spam or other materials to users of the Services or any other individual or entity;

(c) Refrain from using our Services to post or transmit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users.  All inquiries regarding establishing a commercial relationship with FirstLoading should be directed to [support@elinehub.com].

(c) Refrain from using our Services to harass, threaten, stalk or abuse users of ELinehub;

(d) Refrain from using our Services to harm minors.

(e) Refrain from posting content on our Services that is obscene, vulgar, harmful or offensive in nature, and refrain from posting any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of FirstLoading or any third party;

(f) Refrain from using any hardware or software intended to damage or interfere with the proper working of ELinehub or the Services or to surreptitiously intercept any system, data or personal information from ELinehub or the Services.  You agree not to interrupt or attempt to interrupt the operation of ELinehub or the Services in any way, including in any manner that could: (i) damage, disable, overburden, or impair ELinehub or the Services, or (ii) interfere with any third party’s use and/or enjoyment of ELinehub or the Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ELinehub.

(g) Refrain from using our Services to invade the privacy of others, or to collect and use an individual's personal and private information, or to gain or attempt to gain unauthorized access to other computer systems via ELinehub; and

(h) Refrain from using our Services to create a false identity or to impersonate another person.

(i) Refrain from taking any actions that shall directly or indirectly impede or interfere with any other user’s use and enjoyment of ELinehub or the Services.

(j) Refrain from using any software or tools in connection with ELinehub or the Services in an illegal manner, including, but not limited to using unlicensed software or providing information or advice outside the scope of applicable licenses. 

These rules are only the minimum level of conduct that we expect for our Services. We also ask that you use common sense and be considerate toward other users. We reserve the right, at our discretion, to suspend or terminate your right to use our Services for violation of any of the aforementioned rules of conduct or engagement in other offensive conduct or for any other reason.

FirstLoading shall not be subject to any obligations of confidentiality regarding any information or materials that you submit through our Services except as specified in this EULA or our Privacy Policy [https://www.elinehub.com/EULA], or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

 

4.OPEN SOURCE

Any Open Source Software that may be accompanying the App is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software (as defined below).  As used herein “Open Source Software” means open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App.  This EULA does not apply to any Open Source Software accompanying the App and FirstLoading hereby disclaims any and all liability to you or any third party related thereto.

 

5.INTELLECTUAL PROPERTY RIGHTS

All material contained in ELinehub, the Website and the App (collectively, “Content”), is our property (or is used by license) and is protected by United States and international copyright, trade dress, trademark, patent and trade secret laws.  All trademarks, service marks and trade names, including but not limited to ELinehub and FirstLoading, are trademarks of FirstLoading and are proprietary to us.  No material from ELinehub or the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in whole or part, in any way, except as may be expressly permitted by the App.  Except as may be permitted by law, you must obtain our written permission before using any material from ELinehub, the Website or the App in whole or part for any purposes.  You do not acquire any ownership rights by using ELinehub or the Services.

The collection, arrangement, and assembly of all Content (the "Compilation") belongs exclusively to FirstLoading or its affiliates. All software used on or in conjunction with ELinehub (the "Software") is the property of FirstLoading, its affiliates or its Software suppliers. The Content, the Compilation and the Software (“FirstLoading Intellectual Property”) are all protected by U.S. and international copyright laws and other laws. As between you and FirstLoading (or any other company whose marks appear on ELinehub), FirstLoading (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, logo, slogans and/or service mark appearing on the ELinehub, including, but not limited to "FirstLoading" (the “Marks”). 

The use of the Software and Marks is limited solely to purchasers and/or users of FirstLoading’s goods and services. The use of the Software and Marks by any other person, without FirstLoading’s (or the respective owner’s) express written consent, is strictly prohibited and may be punishable as an infringement under U.S. and international copyright laws, and trademark infringement under Federal and State law. Under no circumstance may the Marks be used in any way that is likely to cause confusion, or which in any manner disparages or discredits FirstLoading, its affiliates, suppliers or third parties. You may not use any of the Marks in meta tags without our (or the respective owner’s) express prior written consent.  

Except as specifically permitted by this EULA, you are only authorized to access, view, use, download, and print for your records portions of the FirstLoading Intellectual Property (including without limitation text, graphics, software, audio and video files and photos) available through our Services for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. No right, title or interest in any of the materials contained on this App is transferred to you as a result of accessing, downloading or printing such materials.

You may not copy, modify, distribute, transmit, retransmit, display, reproduce, publish, or license any part of ELinehub; create derivative works from, link to or frame in another website or app, use on any other website or app, transfer or sell any information obtained from ELinehub without FirstLoading’s prior written permission.

You may not store, modify, reproduce, transmit, retransmit, reverse engineer, copy, sell, lease, create derivative works from, modify, disassemble, decompile or distribute all or any portion of the FirstLoading Intellectual Property, or the design or layout of ELinehub or individual sections of it, in any form or media without FirstLoading’s prior written permission. The systematic retrieval of data from ELinehub is also prohibited. You may not use a part of ELinehub on any other app or website without FirstLoading’s prior written consent.

FirstLoading respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please email [support@elinehub.com].

 

6.USER SUBMISSIONS AND COMMUNICATION; PUBLIC AND PRIVATE AREAS

If you upload, submit or transmit content (“User Content”) to or via ELinehub or the Services accessed or accessible by the public ("Public Area"), you grant and assign, effective from the moment of creation, all right, title and interest in and to the User Content of any nature whatsoever, whether now known or hereafter devised, throughout the world , including, but not limited to the intellectual property rights, such as copyright (and any renewal, extension, or reversion of copyright now or hereafter provided and any right to make such changes in and uses of the User Content as FirstLoading may determine, with or without attribution to you), patent, trademark, trade dress, secret, morality, privacy and publicity, and all causes of action for any and all previously occurring infringements of the rights being assigned and the rights to receive and retain the proceeds releasing to these infringements.  FirstLoading will have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit the User Content in any format or version, by any means and in any media, whether now known or hereafter developed. Without limiting the foregoing, you hereby expressly waive for the benefit of FirstLoading and its assigns any and all rights arising under 17 U.S.C. § 106A, and any other provision of U.S. federal law or the law of any state, or under the law of any other country, that conveys rights of the same nature as those conveyed under 17 U.S.C. § 106A, or any other type of “moral right” in the User Content.  Upon the request of FirstLoading, during or after submission or transmission of User Content, you agree to perform such further acts as may be necessary or desirable to transfer, evidence, perfect, maintain, protect and defend FirstLoading’s ownership or and rights in the User Content, including, without limitation, (1) executing, acknowledging, and delivering any requested affidavits and documents of assignment or conveyance, and (2) cooperating in FirstLoading’s enforcement of any rights with respect to the User Content in any country. If you are unable or unwilling to perform such acts as requested, you hereby grant to FirstLoading a power of attorney in fact to perform such act on your behalf. 

If, for any reason whatsoever, and to the extent that, the User Content submitted or transmitted by you to or via ELinehub or the Services may not, by operation of law or this EULA, be considered granted and assigned to FirstLoading as described above, you hereby grant FirstLoading, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a worldwide, perpetual, royalty-free exclusive license in and to the User Content, including all intellectual property rights in the User Content (copyright, patent, trademark, trade dress, secret, morality, privacy and publicity), to use the User Content in any and all forms of media for any purpose.  FirstLoading may sublicense its rights through multiple tiers of sublicenses.  If you wish to maintain any business information, ideas, concepts or inventions as private or proprietary, you must not submit them to the Public Areas or to FirstLoading by email.

You represent, warrant, and covenant that: (i) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to FirstLoading the rights in your User Content as contemplated under the EULA; and (ii) neither the User Content nor your creation of, accessing, or use of your User Content or FirstLoading’s use of your User Content (or any portion thereof) as permitted in the EULA will (a) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (c) require FirstLoading to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

You agree not to transmit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as FirstLoading determines in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, a ELinehub reviewer may periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or are otherwise deemed inappropriate. FirstLoading may in its full discretion delete any messages.

FirstLoading reserves the right (but is not obligated) to do any or all of the following:

(a) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);

(b) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms.

(c) Terminate a member's access to any or all Public Areas and/or the Services whether or not these Terms have been breached.

(d) Monitor, edit, or disclose any communication in the Public Areas.

(e) Edit or delete any communication(s) posted in ELinehub, regardless of whether such communication(s) violate these standards.

FirstLoading shall have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

FirstLoading also reserves the right to grant or terminate access to any private "secure" areas of the Exert Portal at any time for any reason or no reason whatsoever.

FIRSTLOADING HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST FIRSTLOADING FOR SUCH REMOVAL AND/OR DELETION.

FIRSTLOADING IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE OR RETURN USER CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH ELINEHUB. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON ELINEHUB.

FirstLoading does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by a user. Any reliance on User Content posted by other users will be at your own risk. FirstLoading does not confirm that each user is who he or she claims to be. FirstLoading makes an effort to protect User Content from misuse. However, if misuse has occurred, FirstLoading is not liable for such misuse. Because FirstLoading is not involved in user-to-user dealings and does not control the behavior of participants of the Services, in the event that you have a dispute with one or more users, you release FirstLoading from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.  FirstLoading is not responsible if you find any User Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. FirstLoading expects that you will use caution and common sense when using the Services.

 

7.FACILITATION OF Technician ADVICE

For purposes of this EULA, a “Technician” is a user providing professional advice to Mechanic or “customers”.

ELinehub involves FirstLoading’s facilitation of “Technician” advice to customers.  FirstLoading, itself, is not providing or selling Technician advice, and FirstLoading’s role in the facilitation of such advice is merely to connect “Technician” with potential customers who are considering purchasing the services of a given Technician.  Technicians are not employees or agents of FirstLoading, and are, as users of the Services, independently providing their services to potential customers on ELinehub.

FirstLoading’s listing of an individual as a “Technician” is based on information gathered by or provided to FirstLoading by the “Technician.”  FirstLoading has used commercially reasonable efforts in investigating individuals seeking to be listed as a “Technician.” Listing an individual as an “technician” is not an endorsement by FirstLoading of the individual’s skills or recommendations of the technician, nor is it a guarantee that the technician’s diagnostic recommendation will result in the desired repair.  Instead, listing an individual as an “technician,” is only a recommendation of a service provider based on the current evidence available to FirstLoading.  FirstLoading reserves the right to remove the listing of an individual as an “Technician” at any time for any reason.

You should not solely rely on FirstLoading’s listing of an individual as an “Technician” as the means to investigate a suggested repair; instead, the recommendations provided by the Technician should provide you with one data point in the investigation, diagnosis, and restoration of any given problem.  FirstLoading is not responsible and will not be liable for any advice provided or omitted by Technicians, any content within questions or answers by customers or Technicians, including the accuracy thereof, the skill level or quality of advice provided by a Technician, or the actions of any customer in completing or paying for any transaction with an Technician.  A customer’s recourse for acts and omissions of a Technician, including the quality of advice provided and the outcome of any suggested repair lies solely with the Technician.

All Technicians agree to indemnify, defend and hold FirstLoading and its affiliates, officers, directors, suppliers, licensors, consultants, contractors, subcontractors, and other customers harmless from and against any and all claims, actions or demands, liabilities, settlements and costs, including reasonable attorneys’ fees and accounting fees and expenses, incurred by such parties, in connection with or arising out of an Technician’s transaction with a customer, including any recommendation provided by the Technician to the customer and any warranties and representations provided therein, or the rights of any third parties related to the advice provided by the Technician to the customer; and an Technician’s violation of any third party rights, including without limitation those concerning copyright, trademark, patent, trade secret and publicity.

 

8.NO PROFESSIONAL ADVICE

You should not construe any advice provided on ELinehub or through the Services as legal, accounting or other similar professional advice. The Services are not intended for use by minors (under the age of 18). YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON ELINEHUB, THE WEBSITE, OR THE APP IN CONSULTATION WITH LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, OR YOUR INSURANCE SPECIALIST, AS APPROPRIATE.

 

9.COPYRIGHT POLICY AND COPYRIGHT AGENT

FirstLoading respects the intellectual property rights of others. If you believe something on ELinehub has infringed your intellectual property rights, please notify our agent and provide the following information:

(a) Identification of the copyrighted work claimed to have been infringed.

(b) A description of where the alleged infringing material is located on ELinehub, including the URL where the material is located.

(c) Your full name, your address, telephone number, and, an email address where we may contact you.

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright, and the copyright owner, its agent, or the law; and

(f) Your physical or electronic signature.

FirstLoading’s Copyright Agent can be reached as follows: [SUPPORT@ELINEHUB.COM]

 

10.Collecting Personal Information

We may collect, store and use information about your computer and device and about your visits to and use of ELinehub, the Website, the App and/or the Services including your IP address, geographical location, operating system, referral source, data concerning your location and photographs taken by or stored in your device, length of visit, page views and navigation paths.  User data is stored securely on servers located in the United States and is processed in compliance with applicable data protection laws, including GDPR and CCPA. For more information, please see our Privacy Policy [https://www.elinehub.com/privacy-policy].

 

11.USING PERSONAL INFORMATION

Personal information submitted to us through ELinehub and the Services and collected by us, including via cookies, may be used to: provide ELinehub, the Services and our business, including but not limited to the fulfillment or facilitation of orders; managing and improving the content of ELinehub and/or the Services and enhance your experience; sending correspondence about ELinehub and the Services, personalizing your use of ELinehub and the Services;  analyzing how users use ELinehub and the Services, including through Google Analytics and similar applications; operating, evaluating, developing, managing and improving our business (including operating, administering, analyzing and improving ELinehub and/or our Services), enforcing our Privacy Policy, this EULA, and other terms you have agreed to; maintaining and enhancing the safety and security of ELinehub and/or Services and preventing misuse; complying with and enforcing applicable legal requirements, relevant industry standings and policies; maintaining and servicing accounts, providing customer service, verifying customer information, process and complete payments and transactions on ELinehub and/or via our Services; protecting against, identifying and preventing fraud and other criminal activity, claims and other liabilities, and otherwise managing and enhancing ELinehub and/or Services..

We will not, without your express consent, supply any personal information to any third party for the purpose of their or any other third party’s direct marketing.

 

12.RETAINING PERSONAL INFORMATION

Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

 

13.SECURITY OF PERSONAL INFORMATION

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

 

14.SECURITY OF PERSONAL INFORMATION ON OTHER WEBSITES/PLATFORMS/APPS

We may from time to time provide links to websites, platforms and apps operated by third parties that are not under our control or supervision. Neither we nor our employees, agents or representatives are responsible for the privacy practices of such websites, platforms and apps. Such websites, platforms and apps may have their own privacy policies and customer service policies, or no policies at all. We encourage you to read the privacy policies of such websites, platforms and apps sites to see how your personal information will be handled on the third-party websites, platforms and apps before providing them with your personal information.

 

15.LOCATION-BASED SERVICES

Some of the features of ELinehub and the Services may enable FirstLoading to access your location in order to tailor your experience based on your location (“Location-based Services”).  In order to use certain Location-based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable FirstLoading to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available.  To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to FirstLoading.  You may be given the option to automatically enable the provision of some Location-based Services through the App, and to enable or disable such Location-based Services at any time through the App’s Settings menu.  If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of ELinehub and the Services.  By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of ELinehub and the Services, (ii) FirstLoading may provide Location-based Services related to and based on your then-current location, and (iii) FirstLoading may use any such information collected in connection with the provision of Location-based Services in connection with its provision of the Services. 

PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND FIRSTLOADING DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

 

16.DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ELINEHUB IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELINEHUB AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, THIS MEANS WE DO NOT GUARANTEE THAT ELINEHUB OR THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT THEY WILL MEET YOUR SPECIFIC REQUIREMENTS. WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FIRSTLOADING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ELINEHUB AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIRSTLOADING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ELINEHUB, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, ELINEHUB WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ELINEHUB OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ELINEHUB OR THE SERVICES WILL BE CORRECTED.  FIRSTLOADING DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND WE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES OR ANY CONTENT. WE ASSUME NO EXPRESS OR IMPLIED DUTY TO UPDATE THE CONTENT OR THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIRSTLOADING OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  FIRSTLOADING DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USERS SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER FIRSTLOADING NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANTS THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH ELINEHUB WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SERVICES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.  SHOULD ELINEHUB OR THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.  HOWEVER, WE DISCLAIM ANY SUCH WARRANTIES TO THE EXTENT PERMITTED BY LAW.

 

17.LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FIRSTLOADING BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ELINEHUB, THE ACTIONS OR OMISSIONS OF ANY TECHNICIAN OR THE RESULT OF ANY ADVICE PROVIDED BY AN TECHNICIAN, OR ARISING IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO ELINEHUB OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF FIRSTLOADING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE THAT FIRSTLOADING, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SERVICES, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SERVICES, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF FIRSTLOADING BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS. FIRSTLOADING MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SERVICES, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SERVICES UNDER ANY PROVISION OF THESE TERMS OF USE MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT FIRSTLOADING MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR POSTED CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH SERVICES. FURTHER, YOU AGREE THAT FIRSTLOADING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. THE TERMS OF USE WILL CONTINUE TO APPLY TO YOU PAST USE OF THE SERVICES. TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO FIRSTLOADING.

In no event shall FirstLoading’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by any user to Any “Technician” RETAINED BY SAID USER as part of ELinehub.  ANY PAYMENT SUBJECT TO THE FOREGOING SENTENCE DOES NOT CONSTITUTE AN ADMISSION OF LIABILITY ON THE PART OF FIRSTLOADING, AND INSTEAD IS AN ACCOMMODATION TO THE USER OF ELINEHUB.  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

18.COMMERCIAL ITEMS

ELinehub and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.  Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished rights are reserved under the copyright laws of the United States.

 

19.USER DISPUTES; TERMINATION

You are solely responsible for your interactions with other users. We reserve the right, but not the obligation, to monitor disputes between you and other users.

The license is effective until terminated by FirstLoading, which may be done with or without cause and with or without notice.  Your rights under this license will terminate automatically without notice from FirstLoading if you fail to comply with any term(s) of this license. FirstLoading may immediately deactivate or delete your posted content and/or bar any further access to such Services.  Upon termination of the license, you shall cease all use of ELinehub, and destroy all copies, full or partial, of ELinehub.  Termination of your access or use will not waive or affect any other right or relief to which FirstLoading may be entitled at law or in equity.  FirstLoading shall not be liable to you or any third party for any termination of your access to the Services. These Terms will continue to apply to your past use of the Services.

 

20.INDEMNITY

You agree to indemnify, defend and hold FirstLoading and its affiliates, officers, directors, suppliers, licensors, consultants, contractors, subcontractors, and other customers harmless from and against any and all claims, actions or demands, liabilities, settlements and costs, including reasonable attorneys’ fees and accounting fees and expenses, incurred by such parties, in connection with or arising out of your use or misuse of ELinehub and the Services; your violation or breach of this EULA, including the warranties and representations herein, any applicable law or regulation, or the rights of any third parties related to the use of ELinehub and the Services; and your violation of any third party rights, including without limitation those concerning copyright, trademark, patent, trade secret and publicity.

 

21.ADDITIONAL FEES

The use of ELinehub and the Services may be subject to separate third-party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator, which are your sole responsibility.

 

22.MODIFICATIONS

We may modify this EULA at any time and at our sole discretion by posting the modified EULA on the App. The modifications will be effective upon posting (unless some other date is specified). You should review this EULA periodically so that you are aware of any modifications. Your use of ELinehub and the Services constitutes your acceptance of this EULA in its then-current form.

 

23.SEVERABILITY/FULL AGREEMENT

This Agreement constitutes the entire agreement between you and FirstLoading and governs your use of ELinehub and the Services, superseding any prior agreements with respect to the same subject matter between you and FirstLoading.  You may, however, be a party to other agreements with FirstLoading. This EULA is not intended to modify, revise or amend the terms of any such agreements you may have with us.  Further, you may be subject to additional terms and conditions that may apply when you use third party or additional services. 

If any of the provisions of this EULA are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining provisions of this EULA, which shall be given full effect, without regard to the invalid portion(s).

 

24.DISPUTE RESOLUTION – BINDING ARBITRATION

The laws of Hong Kong, shall govern this EULA, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. Any dispute arising out of or relating to this EULA shall be submitted to binding arbitration under the Hong Kong International Arbitration Centre (HKIAC) rules, and the seat of arbitration shall be Hong Kong.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FIRSTLOADING AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING ELINEHUB AND THE SERVICES SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR CONSOLIDATED OR REPRESENTATIVE, BASIS IN BINDING ARBITRATION IN HONG KONG, BEFORE AND SUBJECT TO THE RULES OF HONG KONG ARBITRATION ASSOCIATION.  ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. BY AGREEING TO THIS PROVISION, YOU ACKNOWLEDGE THAT YOU ARE WAIVING ANY RIGHT TO A TRIAL AND JURY AND TO PARTICIPATE IN A CLASS ACTION OR MULTI-CLAIMANT LAWSUIT OR PROCEEDING.

If you have in any manner violated or threatened to violate any FirstLoading Intellectual Property right, we may seek injunctive or other appropriate relief in Hong Kong, or in any state or federal court in the United States of America. You consent to exclusive jurisdiction and venue in these courts.

You understand and agree that our remedy at law for any actual or threatened breach of this EULA would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.

 

25.MISCELLANEOUS

Please remember that this is not exhaustive legal advice, and FirstLoading Limited should consult with legal counsel to ensure the EULA is comprehensive, legally sound, and appropriate for its specific business operations and target audience.

In most cases, when we refer to "FirstLoading" in these Terms, we also mean FirstLoading’s affiliates and their respective shareholders, directors, officers, employees, agents and representatives.

No failure of FirstLoading to enforce any of its rights under these Terms will act as a waiver of such rights.

The captions, headings, and paragraph numbers appearing in these Terms are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of this EULA, nor in any way affecting them.

 

26.CONTACT US

If you have any questions or would like to report any violations of this EULA or otherwise call any matter concerning this EULA to our attention, please email [support@elinehub.com].

You also may print out a copy of the EULA at [https://www.elinehub.com/EULA].