HUB Mobile Application Terms

Welcome to the Shugo’s HUB Mobile Application. These Mobile Application Terms, in addition to our general online Terms of Use, govern your access and use of Shugo’s HUB Mobile Applications (“Mobile Apps”). If there is a conflict between these Mobile Application Terms and the general online Terms of Use or for the Site, then these Mobile Application Terms shall control.

These Mobile Application Terms are a legal agreement between you and Shugo LLC (“Shugo”). Your access and use of the Mobile Apps constitutes your agreement to these Mobile Application Terms and the general online Terms of Use for the Site. If you do not agree to these Mobile Application Terms, do not install or use the Mobile Apps.

In addition, by completing the online registration process, you confirm and affirm that you have read, understood and agree to these Mobile Application Terms, and the general online Terms of Use.

You agree that the Mobile Apps are provided on an “As Is” and “As Available” basis. We are not liable if you are not able to access or use a Mobile App.

1. Ownership, License & Restrictions on Use

The content, programs, tools, and applications provided in connection with the Mobile Apps are the intellectual property of Shugo and/or its third-party vendors. Your use of the Mobile Apps does not grant you any rights, either intentionally or by implication, to any of the content, program, tool, or application provided by the Mobile Apps; or the names, images, pictures, logos and icons identifying Shugo and its third party vendors or clients; or its third party vendors’ or clients’ information contained on the Mobile Apps. Your right to use the content, programs, tools, and applications provided by the Mobile Apps is personal, non-exclusive, non-sublicensable, and non-transferable. Any copying, republication, or redistribution of the content, programs, tools, or applications provided by the Mobile Apps, including by caching, framing or any similar means, without the prior written consent of Shugo, is strictly prohibited, except you may copy the Mobile Apps for limited backup purposes only, where appropriate. You may not create any derivative work of any program, tool, or application; or decompile, reverse engineer, or otherwise attempt to drive source code, underlying ideas, algorithms, structure, or organization of the program, tool, or application, except to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law.

2. As is

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the license in the online Terms and Conditions for the specific language governing permissions and limitations under the License.

3. Communications

Shugo shall conclusively presume that online communications received from you through your use of the Mobile Apps and the registration process are accurate, complete, and authorized by you as received by Shugo. You agree not to contest the validity and binding legal effect of those communications.

4. Eligibility

You must be age 18 or older and have completed the registration process to utilize the Mobile Apps. Upon online registration, you will receive a user ID and password. Please keep them secret. You are entirely responsible for any use of any Shugo’s online services or Mobile Apps under your user ID and password. You must immediately notify Shugo and your payroll administrator of any unauthorized use of your user ID or any breach of security that becomes known to you.

5. Your Information Changes

It is your responsibility to promptly notify your payroll administrator of any changes to your contact information. You are also responsible for updating your registration information if you wish to use Shugo’s online services.

6. Disclaimer of Warranty

THE MOBILE APPS (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, PROGRAMS, TOOLS, AND APPLICATIONS RELATED THERETO) ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND SHUGO DOES NOT PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY BY YOU OF ANY MOBILE APPS. SHUGO MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY, OR THE TIMELINESS, OR SUFFICIENCY THEREOF, OF ANY PRODUCT INFORMATION PROVIDED BY THE MOBILE APPS OR ANY OTHER SHUGO WEBSITE. SHUGO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE SERVICES PROVIDED BY SHUGO, THE MOBILE APPS OR OTHERWISE.

7. Limitation of Liability

SHUGO SHALL NOT BE LIABLE FOR ANY ERRORS IN ANY CONTENT, PROGRAM, TOOL, OR APPLICATION, OR FOR ANY ACTION TAKEN IN RELIANCE THEREON. Furthermore, SHUGO SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS OR WIRELESS COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SHUGO. ANY LIABILITY OF SHUGO (INCLUDING ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD PARTY VENDORS, AND THIRD PARTY CLIENTS OR CUSTOMERS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SHUGO IN YOUR MOST RECENT USE OF THE MOBILE APPS IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.

8. Changes to Mobile Application Terms

Shugo reserves the right to, from time to time, in Shugo’s sole discretion, amend these Mobile Application Terms. You can determine the date these Mobile Application Terms were last amended and updated by referring to the modification date shown below. Any amendments to these Mobile Application Terms will apply after the applicable modification date. It is your responsibility to review these Mobile Application Terms from time to time to understand the extent of changes. Your continued use of the Mobile Apps constitutes your agreement to the then-current amended and updated Mobile Application Terms.

9. Mobile Application Terms Govern

These Mobile Application Terms, as amended from time to time and the general online Terms of Use shall be the sole terms of the agreement between you and Shugo regarding your access and use of the Mobile Apps. All statements otherwise made on or in connection with the Mobile Apps, or otherwise, are intended only for your convenience and do not form and are not included in our agreement or the terms for your purchase.

These Mobile Application Terms shall be governed by New Jersey law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Mobile Application Terms or the provision of Shugo’s services shall be subject to the exclusive jurisdiction of the state and federal courts located in Camden or Burlington County, New Jersey.

If any provision of these Mobile Application Terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of these Mobile Application Terms shall continue in full force and effect. No waiver of any provision of this Section of these Mobile Application Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Mobile Application Terms. This Section of these Mobile Application Terms will survive the termination of your relationship with Shugo.