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Terms & Conditions

1. Agreement to Terms
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1.1 Parties. These Terms and Conditions ("Terms") are a legally binding agreement between you and Zengara, LLC, a Washington state limited liability company doing business as DANET Hub ("DANET Hub," "we," "us," or "our"). They govern your access to and use of danethub.com, our mobile applications, and all related services (collectively, the "Platform").

1.2 Acceptance. You accept these Terms by doing any of the following: (a) clicking "I Agree," "Create Account," "Place Order," "Subscribe," or a similar button next to a notice referencing these Terms; (b) creating an Account; or (c) buying, selling, posting, or applying through the Platform. If you do not agree, do not use the Platform.

1.3 Incorporated Policies. The following are incorporated into these Terms by reference: our Privacy Policy, Prohibited Items and Conduct Policy, Membership Plan Schedule, Seller Standards, Copyright and Takedown Policy, and any listing-specific terms disclosed under Section 12 (together, the "Policies"). If a Policy conflicts with these Terms, these Terms control unless the Policy expressly says otherwise.

1.4 Business Users. If you use the Platform on behalf of a company or other entity, you represent that you have authority to bind it. In that case, "you" means that entity and you personally.

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2. Definitions
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  • "Account" means a registered Platform account.

  • "Buyer" means a Member who buys, orders, books, or requests Goods or Services.

  • "Consumer" means an individual who acts mainly for personal, family, or household purposes.

  • "Business User" means any Member that is not a Consumer.

  • "Content" means text, images, video, audio, data, reviews, messages, Listings, and other materials.

  • "DANET-Sold Item" means Goods that DANET Hub itself sells as the seller of record, identified as such on the Listing. 

  • "Goods" means tangible products offered through the Platform.

  • "Job Posting" means a Listing that advertises employment, contract, freelance, or other work opportunities.

  • "Listing" means any offer, advertisement, or posting of Goods, Services, or Job Postings on the Platform.

  • "Member" means any person or entity with an Account.

  • "Membership Plan" means any paid subscription, membership tier, or listing package described in the Membership Plan Schedule.

  • "Paid Listing" means any fee-based Listing placement, upgrade, promotion, or feature.

  • "Seller" means a Member who offers Goods or Services, or who publishes a Job Posting ("Employer/Poster").

  • "Services" means services offered by Sellers through the Platform. This excludes the Platform itself.

  • "Transaction" means any agreement or exchange between Members that is started through the Platform.

  • "User Content" means Content that you submit, post, or transmit through the Platform.

 
3. Eligibility

 

3.1 You must be at least 18 years old and able to form a binding contract. The Platform is not directed to children under 13, and we do not knowingly collect their personal information.

3.2 You may not use the Platform if: (a) we have previously suspended or removed you; (b) you are located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions; or (c) you appear on any U.S. government restricted-party list.

3.3 The Platform is intended for users in the United States.

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4. Member Accounts

 

4.1 Registration. You agree to provide accurate, current, and complete information and to keep it updated. Business Users must provide accurate business details, including their legal name and, where required, tax identification information.

4.2 Security. You are responsible for keeping your login credentials confidential and for all activity under your Account. Notify us right away at main@hardyheavy.com of any unauthorized use. We are not liable for losses caused by your failure to protect your credentials, except as required by law.

4.3 Verification. We may, but are not obligated to, verify identity, business status, licenses, or other information, directly or through third parties. Verification is not an endorsement or guarantee of any Member. See Section 7.6 for the verification required of high-volume sellers.

4.4 One Account; No Transfer. Unless we authorize otherwise, you may keep only one personal Account. Accounts may not be sold, transferred, or shared.

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5. Membership Plans and Paid Listings

 

5.1 Plans. We offer free and paid Membership Plans and Paid Listings. Features, limits, and fees are described in the Membership Plan Schedule and at checkout. Fees are stated in U.S. dollars and exclude applicable taxes unless stated otherwise.

5.2 Automatic Renewal. UNLESS YOU CANCEL, PAID MEMBERSHIP PLANS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUALLY, AS SELECTED) FOR THE SAME PERIOD. WE WILL CHARGE YOUR PAYMENT METHOD ON FILE AT THE THEN-CURRENT RATE. Before you buy, we will clearly show the price, billing frequency, renewal terms, and how to cancel, and we will get your express consent. Where required by law, we will send renewal reminders and a confirmation of your purchase that includes cancellation instructions.

5.3 Cancellation. You may cancel at any time, online, through your Account settings, or by contacting us via Contact page. Cancellation takes effect at the end of the current billing period, and you keep access until then. We will confirm cancellation in writing.

5.4 Free Trials and Promotional Pricing. If a plan begins with a free or discounted trial, we will disclose before you enroll when the trial ends and what the regular price will be. Unless you cancel before the trial ends, you will be charged the regular price at the end of the trial.

5.5 Price Changes. We may change plan fees by giving at least [30] days' notice before the change takes effect. The change applies at your next renewal. If you do not agree, you may cancel before the change takes effect.

5.6 Refunds. Except as required by law or stated in the Membership Plan Schedule, fees are non-refundable, and we do not give refunds or credits for partially used billing periods or unused Paid Listing features. Annual plans should be cancelled within 14 days of the initial purchase to receive a full refund.

5.7 Failed Payments. If a payment fails, we may retry the charge, suspend paid features, or downgrade your Account. Paid Listings may be removed without refund if a Listing breaks these Terms.

5.8 No Guaranteed Results. Paid Listings and Membership Plans increase visibility or features only. We do not guarantee any number of views, leads, sales, applicants, or hires.

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6. DANET Hub's Role as a Marketplace

 

6.1 Venue Only. DANET HUB PROVIDES A VENUE THAT CONNECTS MEMBERS. EXCEPT FOR DANET-SOLD ITEMS, DANET HUB IS NOT THE BUYER, SELLER, SERVICE PROVIDER, EMPLOYER, EMPLOYMENT AGENCY, STAFFING FIRM, OR AGENT OF ANY MEMBER, AND IS NOT A PARTY TO ANY TRANSACTION BETWEEN MEMBERS. Any contract formed by a Transaction is solely between the Buyer and the Seller.

6.2 No Control or Endorsement. We do not control and are not responsible for the following:

  • the existence, quality, safety, legality, or accuracy of any Goods, Services, Job Posting, or Listing;

  • the truth or accuracy of any Member's statements;

  • a Seller's ability to sell, perform, or hire;

  • a Buyer's ability to pay; or

  • whether a Member completes a Transaction.

Badges, rankings, "verified" labels, and featured placements are informational, may reflect paid placement where disclosed, and are not endorsements or warranties.

6.3 Ranking Disclosure. Search results and Listing order may depend on relevance, location, Member ratings, Membership Plan tier, and Paid Listing status. Paid placements are labeled "Sponsored," "Featured," or similar.

6.4 Independent Parties. Members are independent of DANET Hub. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between DANET Hub and any Member.

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7. Listings and Seller Obligations

 

7.1 Accuracy. Sellers must describe Goods, Services, and Job Postings accurately and completely, including:

  • condition;

  • material defects;

  • price and any additional charges;

  • any listing-specific return terms (Section 12.3);

  • service scope and timelines; and

  • any licensing, certification, or warranty information.

Photos must show the actual item or service offered, or be clearly labeled as representative.

7.2 Legal Compliance. Sellers are solely responsible for complying with all laws that apply to their Listings and Transactions, including:

  • consumer protection, advertising, product safety, recall, and labeling laws;

  • warranty laws;

  • licensing and permit requirements;

  • sales and use tax obligations (subject to Section 10.5);

  • data protection laws; and

  • the shipping and return requirements of Sections 11 and 12.

7.3 Prohibited Listings. You may not list anything that is illegal, counterfeit, stolen, recalled, hazardous, or restricted by our Prohibited Items and Conduct Policy. This includes, without limitation:

  • weapons and ammunition, where restricted;

  • controlled substances and drug paraphernalia;

  • prescription drugs;

  • tobacco and vaping products, where restricted;

  • alcohol, unless permitted;

  • live animals, unless permitted;

  • human remains or body parts;

  • adult sexual services;

  • items that infringe intellectual property;

  • pyramid schemes or multi-level marketing recruitment;

  • "work-from-home" schemes that require upfront payment; and

  • any Listing that discriminates unlawfully.

7.4 Performance. By posting a Listing, the Seller agrees to honor it at the stated price and terms for any Buyer who accepts it in compliance with these Terms. This is subject only to genuine errors, which the Seller corrects promptly, and to legal restrictions.

7.5 Seller Warranties. Each Seller represents and warrants that:

  • it has the right to sell or offer the Goods, Services, or position listed;

  • the Listing is accurate and lawful;

  • Goods are authentic and conform to the Listing; and

  • Services will be performed in a professional and workmanlike manner, by appropriately licensed and insured personnel where required.

7.6 High-Volume Sellers. Sellers who meet the definition of a "high-volume third party seller" under the INFORM Consumers Act (15 U.S.C. § 45f) must provide, verify, and keep current the information that law requires. This includes bank account, contact, and tax identification information and, where applicable, information we must disclose to Buyers. Each such Seller must recertify it at least once a year. We may suspend Accounts or payouts that do not comply.

7.7 Removal. We may remove, edit for formatting, de-rank, or refuse any Listing at our discretion, including Listings we reasonably believe break these Terms or the law.

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8. Job Postings

 

8.1 Employer/Poster Responsibilities. Employers/Posters represent that each Job Posting:

  • is for a real, currently available position;

  • accurately describes compensation (including any pay range or other pay-transparency disclosure required where the job is located), duties, and work arrangement;

  • does not state any preference, limitation, or discrimination based on any characteristic protected by federal, state, or local law, except where legally permitted; and

  • does not require applicants to pay any fee, buy any product, or provide sensitive financial information as a condition of applying or being hired.

8.2 Hiring Decisions and Classification. Employers/Posters alone are responsible for:

  • hiring decisions;

  • interviews;

  • background checks, including compliance with the Fair Credit Reporting Act and similar state laws;

  • employment eligibility verification;

  • worker classification (employee vs. independent contractor);

  • wages, benefits, and payroll taxes; and

  • workplace compliance.

DANET Hub does not screen, recommend, refer, or place candidates. It is not an employer, joint employer, or employment agency.

8.3 Applicant Data. Employers/Posters may use applicant information only to evaluate applicants for the posted position and must handle it in compliance with applicable privacy law and our Privacy Policy. They may not sell it or use it for marketing.

8.4 Applicants. Job seekers are responsible for the accuracy of their submissions and for doing their own due diligence on Employers/Posters. Report suspected fraudulent postings to email address via Contact page.

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9. Services

9.1 Service Sellers are solely responsible for the scope, scheduling, quality, safety, and completion of Services. They are also responsible for holding all required licenses, permits, bonds, and insurance, and for complying with home-improvement, contractor, and professional-services laws where applicable.

9.2 The terms of any Service engagement, including deposits, milestones, cancellation, and rescheduling, are set by the Seller in the Listing or in a written agreement between the Members. Those terms must comply with applicable law and these Terms.

9.3 Section 12's return policy does not apply to Services. Cancellation and refunds for Services are governed by the Listing's terms and applicable law.

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10. Transactions, Payments, and Fees

 

10.1 Payment Processing. Direct payments: DANET Hub does not process payments between Members. Members arrange payment directly, and DANET Hub has no responsibility for payment, non-payment, or payment disputes.

10.2 Seller Fees. Sellers agree to pay the transaction, commission, and listing fees in the Membership Plan Schedule. We may deduct these fees from Seller proceeds or bill them to the Seller's payment method on file.

10.3 Holds, Reserves, and Chargebacks. We may delay payouts, set up a reserve, or offset amounts owed when we reasonably suspect fraud, a policy violation, elevated chargeback or return risk, or a pending dispute. Sellers are responsible for chargebacks, reversals, and refunds related to their Transactions, plus associated fees.

10.4 No Circumvention. You may not use the Platform to find a counterparty and then complete the Transaction off-Platform to avoid fees. This applies to [12] months after first contact through the Platform. Breaking this rule may lead to suspension and a charge for the avoided fees.

10.5 Taxes. Each Member is responsible for its own taxes. Where DANET Hub must collect and remit sales or use tax as a marketplace facilitator, it will calculate and collect that tax at checkout, and Sellers authorize this. Sellers remain responsible for all other tax obligations. DANET Hub may issue tax information returns (for example, IRS Form 1099-K) where legally required. Nothing in these Terms is tax advice.

10.6 Pricing Errors. If a DANET-Sold Item or a fee is listed at an obviously incorrect price, we may cancel the order and refund any amount paid.

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11. Shipping

 

11.1 Scope. This Section applies to all Goods sold through the Platform, including Goods sold by third-party Sellers and DANET-Sold Items. Sellers must comply with this Section.

11.2 Free Shipping Within the United States. Standard shipping is free on all eligible orders delivered to addresses within the United States excluding Alaska, Hawaii, U.S. territories, and APO/FPO/DPO addresses. The listed price is the total price for the item before taxes, with no added shipping or handling charge. We do not offer free shipping outside the United States.

11.3 Estimated Delivery. Orders generally arrive within 9–18 business days after order confirmation. Business days are Monday through Friday, excluding U.S. federal holidays. Delivery estimates depend on carrier performance, and timing may vary because of weather, carrier disruptions, or other events outside our control.

11.4 Delays. If a Seller (or DANET Hub, for DANET-Sold Items) cannot ship an order within the stated time, the Buyer will be notified promptly and before the stated time runs out. The notice will offer a revised shipping date (or explain why one cannot be given) and the choice to either accept the delay or cancel the order for a prompt, full refund. If the Buyer cancels before the order ships, it will be refunded promptly. Sellers must follow this delay procedure, and we may cancel and refund orders on a Seller's behalf if they do not.

11.5 Shipping Address; Title and Risk of Loss. Buyers must give an accurate, complete shipping address. For Consumer Buyers, risk of loss passes when the Goods are delivered to the shipping address. For Business User Buyers, risk of loss passes when the Goods are handed to the carrier, unless the Listing says otherwise. Title passes as stated in the Listing or, if not stated, on delivery.

11.6 Lost, Damaged, or Undelivered Items. If an item has not arrived in 5 business days after the end of the estimated delivery window, or arrives damaged, report it through the order page within 7 days. As the case requires, the Seller (or DANET Hub, for DANET-Sold Items) must provide tracking confirming delivery, a replacement, or a full refund.

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12. Returns, Refunds, and Cancellations

 

12.1 Standard 14-Day Return Policy. Unless the Listing states different terms under Section 12.3, Buyers may return Goods within 14 calendar days after delivery for a refund of the item price, if the Goods are:

  • unused;

  • in substantially the same condition as received; and

  • in original packaging, where reasonably practicable, with all accessories and documentation.

12.2 How to Return. Start a return through the Order page within the 14-day window. You will receive return instructions and, where applicable, a return authorization. Return shipping costs are paid by the Buyer, except where the item is defective, damaged, not as described, or the wrong item. In those cases the Seller (or DANET Hub, for DANET-Sold Items) pays return shipping.

12.3 Listing-Specific Overrides. A Seller may set return terms that differ from Section 12.1, such as a longer or shorter return window, "final sale," non-returnable status, or a restocking fee, only if all of the following are true:

  • (a) the different terms are clearly and conspicuously stated on the Listing before purchase;

  • (b) they are consistent with applicable law; and

  • (c) they do not limit Section 12.4.

Properly disclosed listing-specific terms control over Section 12.1 for that Listing. If a Listing is silent, Section 12.1 applies.

12.4 Protections That Cannot Be Overridden. No listing-specific term limits a Buyer's right to a remedy (repair, replacement, or refund, as appropriate) when an item:

  • is not delivered;

  • arrives damaged;

  • is materially different from the Listing;

  • is counterfeit or the wrong item; or

  • is defective in a way covered by an express or implied warranty that applies.

These protections also do not limit any right a Buyer has under applicable law, including any non-waivable consumer protection law.

12.5 Default Non-Returnable Items. Unless the Listing states otherwise, the following are not returnable except under Section 12.4:

  • perishable goods;

  • personalized or custom-made items;

  • intimate apparel and personal-care items with broken seals;

  • hazardous materials;

  • gift cards; and

  • digital downloads once accessed.

12.6 Refunds. Approved refunds are issued to the original payment method within 10 business days after the Seller (or DANET Hub) receives and inspects the return, or after a return is waived. Your financial institution may take additional time to post the refund.

12.7 Order Cancellation. A Buyer may cancel an order for Goods without charge before it ships, by contacting the Seller or using Order page. After shipment, Sections 12.1–12.4 apply.

12.8 Disputes Between Members. If a Buyer and Seller cannot resolve a return or refund issue, either may ask DANET Hub to review it. We may decide the dispute in our reasonable discretion based on the evidence provided, and we may issue a refund from Seller proceeds. Any decision we make is not an arbitration award. It does not affect either party's legal rights against the other, except that Members agree we will not be liable for our decision.

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13. User Content

 

13.1 Ownership. As between you and DANET Hub, you keep ownership of your User Content.

13.2 License to DANET Hub. You grant DANET Hub a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to host, store, reproduce, modify (for formatting, translation, and technical purposes), adapt, publish, publicly display, distribute, and create derivative works of your User Content. The license covers operating, promoting, improving, and providing the Platform, including showing Listings in marketing and through search engines and partner channels. It continues for as long as the User Content is on the Platform, plus a commercially reasonable period afterward for backups, archives, and legal compliance. Reviews and other Content that other Members rely on may stay on the Platform after your Account is closed, unless the law requires removal.

13.3 Your Representations. You represent and warrant that:

  • you own or have all necessary rights to your User Content and to grant the license above;

  • your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights; and

  • your User Content complies with these Terms and the law.

13.4 Reviews. Reviews must reflect the reviewer's genuine, first-hand experience. We prohibit fake reviews and testimonials, undisclosed incentivized or affiliated reviews, and Sellers reviewing their own Listings or competitors' Listings. Nothing in these Terms restricts your right to post an honest review of any Member, Goods, Services, or DANET Hub, and we will not penalize you for doing so. We may remove reviews that:

  • contain confidential or private information;

  • are libelous, harassing, abusive, obscene, or discriminatory;

  • are unrelated to the Goods, Services, or experience being reviewed;

  • are clearly false or misleading; or

  • otherwise break the law.

We apply these standards evenly, whether a review is positive or negative.

13.5 Moderation. We have no obligation to monitor User Content, but we may review, screen, remove, or restrict any User Content at any time in our discretion. Removal is not an admission of liability.

13.6 AI and Automated Tools. If you use Platform tools that generate or edit Content (for example, Listing descriptions), you are responsible for reviewing that Content for accuracy before publishing it. AI-generated Content is User Content.

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14. Prohibited Conduct

 

You will not, and will not allow anyone else to:

(a) break any law or third-party right, or these Terms;
(b) post false, misleading, deceptive, or fraudulent Content or Listings;
(c) harass, threaten, defame, stalk, or discriminate against any person;
(d) collect personal data of other Members without consent or for purposes other than a Transaction;
(e) send spam or unsolicited commercial messages, or use Platform messaging for marketing unrelated to a Transaction;
(f) scrape, crawl, or harvest data from the Platform, or access it through automated means, except through APIs we expressly authorize or as permitted by our robots.txt;
(g) reverse engineer, decompile, or try to get source code, except as the law expressly allows despite this restriction;
(h) interfere with, disrupt, overload, or probe the security of the Platform, or introduce malware;
(i) create Accounts under false pretenses, impersonate anyone, or misrepresent an affiliation;
(j) manipulate rankings, reviews, prices, or feedback, including through shill bidding or fake Transactions;
(k) avoid fees (Section 10.4) or get around any suspension;
(l) post nonconsensual intimate imagery (including digitally created or altered imagery), child sexual abuse material, or Content that exploits minors (we report it to law enforcement and the National Center for Missing & Exploited Children as required); or
(m) use the Platform to train machine-learning models, or to build a competing product, without our written consent.

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15. Platform Intellectual Property

 

15.1 Ownership. The Platform and all of its content, software, code, design, text, graphics, logos, compilations, data (other than User Content), and other materials are owned by DANET Hub or its licensors. The Platform, its features, and its look and feel are protected by U.S. and international copyright, trademark, trade secret, and other laws. All rights not expressly granted are reserved.

15.2 Limited License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purposes.

15.3 Trademarks. "DANET Hub," "danethub.com," and related logos and marks are trademarks of DANET Hub. You may not use them without our prior written consent, except to accurately state that your Listing appears on DANET Hub.

15.4 Feedback. If you submit suggestions or feedback about the Platform, we may use them without restriction or compensation to you, and you assign to us all rights in them.

15.5 Platform Data. We own aggregated and de-identified data derived from use of the Platform, and we may use it for any lawful purpose consistent with our Privacy Policy.

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16. Copyright Infringement and Content Removal Requests

 

16.1 DMCA Notices. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

A notice must include:

  • (a) a physical or electronic signature of the copyright owner or authorized agent;

  • (b) identification of the copyrighted work;

  • (c) identification of the allegedly infringing material and information reasonably sufficient for us to locate it;

  • (d) your contact information;

  • (e) a statement of your good-faith belief that the use is not authorized; and

  • (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

Counter-notices may be submitted as provided in 17 U.S.C. § 512(g).

16.2 Repeat Infringers. In appropriate circumstances, we will terminate the Accounts of repeat infringers.

16.3 Trademark and Other IP Complaints. Submit them to main@hardyheavy.com with enough detail for us to evaluate the claim.

16.4 Nonconsensual Intimate Imagery. Any person, whether or not they have an Account, may ask us to remove an intimate image or video of them that was published without their consent, including a digitally created or altered image. On receiving a valid request, we will remove the content and make reasonable efforts to identify and remove known identical copies within 48 hours.

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17. Third-Party Services and Links

 

The Platform may link to or integrate third-party websites, Processors, carriers, identity-verification vendors, and other services. We do not control them and are not responsible for them. Your use of them is governed by their own terms and privacy policies.

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18. Privacy and Electronic Communications

 

18.1 Privacy. Our collection and use of personal information is described in our Privacy Policy.

18.2 Electronic Communications. You consent to receive agreements, notices, disclosures, and other communications from us electronically, by email, through your Account, or on the Platform. These satisfy any legal requirement that communications be in writing. You may withdraw this consent by closing your Account.

18.3 Text Messages. We send marketing text messages only with your separate, express consent, which is not a condition of any purchase. Reply STOP to opt out. Message and data rates may apply.

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19. Suspension and Termination

 

19.1 By You. You may close your Account at any time through Account settings. Closing your Account does not cancel pending Transactions or relieve you of obligations already incurred. A paid Membership Plan is cancelled under Section 5.3.

19.2 By Us. We may suspend, restrict, or terminate your Account, remove Listings, or withhold Platform access at any time if:

  • you break these Terms or the law;

  • we suspect fraud or a security risk;

  • we are required to by law or a government request; or

  • we stop offering the Platform or any part of it.

Where practicable and legally permitted, we will notify you and give you an opportunity to respond. If we terminate a paid Membership Plan for reasons other than your breach, we will refund the unused prepaid fees on a pro rata basis.

19.3 Effect. On termination, your license under Section 15.2 ends. Sections 6, 10.3–10.5, 12.4, 13.2–13.3, 15, and 20–27, and any other provisions that by their nature should survive, will survive.

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20. Disclaimers

 

20.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, DANET HUB DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

20.2 DANET HUB DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DANET HUB MAKES NO WARRANTY ABOUT ANY GOODS, SERVICES, JOB POSTING, LISTING, OR MEMBER, OR ABOUT THE OUTCOME OF ANY TRANSACTION, HIRING DECISION, OR ENGAGEMENT. Any warranty for Goods or Services is made only by the Seller. For DANET-Sold Items, any warranty is limited to what is stated on the Listing.

20.3 Nothing in this Section 20 limits any warranty that cannot be disclaimed under applicable law, including implied warranties that a state law does not allow to be excluded in consumer sales.

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21. Limitation of Liability

 

21.1 EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, DANET HUB AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE "DANET PARTIES"), WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY TRANSACTION. THIS APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF A DANET PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DANET PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO DANET HUB IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

21.3 Transactions Between Members. THE DANET PARTIES ARE NOT LIABLE FOR THE ACTS, OMISSIONS, CONTENT, GOODS, SERVICES, OR CONDUCT OF ANY MEMBER OR THIRD PARTY, INCLUDING ANY ON- OR OFF-PLATFORM INTERACTION OR MEETING BETWEEN MEMBERS.

21.4 Exceptions. Sections 21.1–21.3 do not limit liability for (a) a DANET Party's fraud, gross negligence, or willful misconduct; (b) death or personal injury caused by a DANET Party's negligence; or (c) any liability that cannot be limited under applicable law.

21.5 Basis of the Bargain. These limitations are an essential part of the bargain between you and DANET Hub. They apply even if a limited remedy fails of its essential purpose.

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22. Indemnification

 

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the DANET Parties from and against all third-party claims, and all related losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to:

  • (a) your User Content or Listings;

  • (b) your Goods, Services, Job Postings, hiring practices, or Transactions;

  • (c) your breach of these Terms or the law; or

  • (d) your violation of any third-party right.

We may take exclusive control of the defense at your expense, and you will cooperate. You may not settle any claim without our prior written consent. If you are a Consumer, this Section applies only to the extent the claim arises from your breach of these Terms, your violation of law, or your willful misconduct or negligence.

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23. Release for Disputes Between Members

 

If you have a dispute with one or more Members, then to the fullest extent permitted by law you release the DANET Parties from all claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising out of or connected with that dispute. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other states waive any similar statute or principle. This Section does not release a DANET Party's own fraud, gross negligence, or willful misconduct.

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24. Dispute Resolution; Binding Arbitration; Class Action Waiver

 

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DANET HUB TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION, WAIVES JURY TRIALS AND CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE TO YOU.

24.1 Informal Resolution First. Before starting arbitration or a small-claims case, the party with a claim must send the other party a written Notice of Dispute. Notices to DANET Hub go to support@danethub.com. Notices to you go to your Account email. The notice must include:

  • the claimant's name and contact information;

  • Account email (if any);

  • a description of the claim; and

  • the relief sought.

The notice must be personally signed by the claimant, even if the claimant is represented by counsel. For 60 days after the notice is received, the parties will try in good faith to resolve the dispute, including through at least one individual telephone or video conference if either party asks. Statutes of limitations and filing-fee deadlines are suspended during this period. Completing this process is a condition of starting arbitration.

24.2 Agreement to Arbitrate. Except as provided in Section 24.6, you and DANET Hub agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with DANET Hub ("Dispute") will be resolved by final and binding individual arbitration. This includes Disputes about the existence, scope, validity, enforceability, or formation of this arbitration agreement, which the arbitrator decides, except as stated in Sections 24.5 and 24.8. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

24.3 Rules and Forum. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules (for Consumers) or its Commercial Arbitration Rules (for Business Users), and any applicable AAA mass-arbitration supplementary rules, as modified by this Section. The AAA's rules are available at www.adr.org. If the AAA is unavailable, the parties will agree on another administrator, or a court will appoint one. Arbitration will take place in the county where you live (for Consumers) or in King County, Washington state (for Business Users). Arbitration may also be conducted by video or on written submissions where the rules allow.

24.4 Fees. Payment of filing, administration, and arbitrator fees will follow the applicable AAA rules. For Consumers, DANET Hub will pay all such fees beyond the amount the Consumer would have paid to file a lawsuit in court, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own attorneys' fees, unless applicable law or the arbitrator's award provides otherwise.

24.5 Class Action and Jury Waiver. YOU AND DANET HUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND DANET HUB WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of different persons or award relief to anyone other than the individual claimant. A court, not an arbitrator, decides any dispute about the enforceability of this Section 24.5. If a court finally decides (after any appeals) that this waiver cannot be enforced as to a particular claim or request for relief, that claim or request will be severed and heard in court under Section 25, after any arbitrable claims are resolved. The rest of this Section 24 remains in effect.

24.6 Exceptions. Either party may:

  • (a) bring an individual claim in small-claims court, if it qualifies and stays there;

  • (b) seek injunctive or equitable relief in court for infringement or misappropriation of intellectual property; and

  • (c) report conduct to government agencies.

Public Injunctive Relief: If a request for public injunctive relief cannot lawfully be waived or arbitrated under applicable law, that request will be severed and decided by a court under Section 25. The court will decide it after the individual arbitration ends, and the court proceedings will be stayed until then.

Sexual Harassment and Sexual Assault Disputes: If the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402) applies to a Dispute, the claimant may choose to pursue it in court.

24.7 Mass Arbitration. If 25 or more similar Demands for Arbitration against DANET Hub are filed by or with the help of the same or coordinated counsel or organizations ("Mass Filing"), the following apply in addition to the AAA rules:

  • (a) The parties will select 10 Demands (half chosen by each side) to proceed first as bellwether arbitrations. All other Demands are held in abeyance, and no fees for them are due until the bellwethers are resolved.

  • (b) After the bellwethers, the parties will mediate the remaining Demands in good faith for at least 60 days.

  • (c) If mediation fails, the remaining Demands proceed in staged batches of no more than 100 Demands, with one arbitrator per batch where the rules permit.

  • (d) Statutes of limitations are suspended for held Demands.

A court may enforce this Section 24.7, including by enjoining the filing or prosecution of Demands that do not comply with it.

24.8 Severability. If any part of this Section 24 is found unenforceable, the rest remains in effect, except as provided in Section 24.5.

24.9 30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to support@danethub.com within 30 days after you first accept these Terms. The notice must include your name, address, Account email, and a clear statement that you are opting out of arbitration. Opting out does not affect the rest of these Terms or any separate arbitration agreement.

24.10 Changes. If we change this Section 24 (other than changing our notice address), you may reject the change by notifying us within 30 days after the change takes effect. If you do, the most recent version of Section 24 that you accepted will continue to apply.

24.11 Time to Bring Claims. To the extent permitted by applicable law, any claim must be filed within one (1) year after it arises; otherwise it is permanently barred.

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25. Changes to These Terms

We may change these Terms from time to time. For material changes, we will give at least 30 days' notice by email or Platform notice, and, where required, we will ask for your affirmative acceptance. Changes take effect on the stated effective date. They do not apply to Disputes that arose, or Transactions completed, before that date. If you keep using the Platform after a change takes effect, you accept the change. If you do not agree, you must stop using the Platform and may close your Account.

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26. General Provisions

 

26.1 Entire Agreement. These Terms and the Policies are the entire agreement between you and DANET Hub about the Platform. They replace all prior agreements on that subject.

26.2 Assignment. You may not assign these Terms without our prior written consent. We may assign them, without consent, in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.

26.3 Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control. This does not excuse payment obligations or the Buyer cancellation and refund rights in Sections 11.4 and 12.

26.4 Severability; No Waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions stay in effect. Not enforcing a provision is not a waiver of it.

26.5 Notices. We may send notices to your Account email or post them on the Platform. Send notices to DANET Hub at support@danethub.com.

26.6 Export and Sanctions. You will comply with all U.S. export control and sanctions laws.

26.7 Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.

26.8 New Jersey Residents. Provisions that limit liability, require indemnification, or waive rights apply to New Jersey residents only to the extent permitted by New Jersey law. Nothing in these Terms limits rights that a New Jersey Consumer cannot waive.

26.9 California Residents. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

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27. Contact

 

Zengara, LLC dba DANET Hub · Issaquah, 98027 · support@danethub.com · +1 (425) 571-9475.

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