Terms And Conditions
Last Updated Effective Date: 1/10/2020
These terms and conditions outline the rules and regulations for the use of Cubitize Website.
Universal Terminology Definition
The following terminology applies to these Terms and Conditions, Privacy Statement, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States (U.S.).
Agreement To Terms And Conditions
By accessing this website, we assume you have read, understood, and agreed to these terms and conditions in full. Do not continue to use our website if you do not accept all of the terms and conditions stated on this page.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference.
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Amendment To Terms And Conditions
We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated Effective Date” on the top of these terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the website after the date such revised terms and conditions are posted.
License And Ownership
The source code, databases, functionality, software, text, graphics, images, audio, video, design, organization, compilation, look and feel, advertising (collectively, the “Content”), trademarks, service marks, logos, and all other protectable intellectual property (the “Marks”) available on the website and of which can be downloaded is our proprietary property and are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws of the U.S., foreign jurisdictions, and international conventions. The Content and the Marks are provided on the website “AS IS” for your information and personal use only.
Limitations Of Website Use
Unless if prior written consent is granted from us, your access to and use of the website is limited as follows:
- You may not forward, distribute, upload, translate, encode, license, publish, sell, copy, broadcast, or transmit any excerpts of the Content or Marks in any way.
- You may not rearrange, aggregate, reproduce, or modify the Content or Marks.
- You may not access or use the website for any purpose other than that for which we make the website available.
- You may not systematically retrieve data or other Content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory.
- You may not make any unauthorized use of the website, including collecting names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
- You may not use the website to advertise or offer to sell goods and services.
- You may not circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein.
- You may not engage in unauthorized framing of or linking to the website.
- You may not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- You may not interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
- You may not attempt to impersonate another user or person or use the name of another user.
- You may not use any information obtained from the website in order to harass, abuse, or harm another person.
- You may not use the website as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise.
- You may not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
- You may not attempt to bypass any measures of the website designed to prevent or restrict access to the Website, or any portion of the website.
- You may not harass, annoy, intimidate, or threaten any of us engaged in providing any portion of the website to you.
- You may not delete the copyright or other proprietary rights notice from any Content.
- You may not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malware, or other malicious material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
- You may not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- You may not, except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
- You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
- You may not use the website in a manner inconsistent with any applicable laws or regulations.
Guidelines For Leaving Reviews
We may provide you areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post any false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We reserve the right, but not the obligation, to:
- Monitor the website for violations of these terms and conditions;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website
Modifications And Interruptions
We reserve the right to change, modify, or remove the Content of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update the Content on our website nor do we guarantee such Content will be the most up to date.
We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.
We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website. Nothing in these terms and conditions will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.
We shall in no event be held liable or responsible to you or any third party for any loss or damages (including but not limited to direct, indirect, punitive, exemplary, special, incidental, and/or other consequential damages or for any loss of profits, revenue, use of data, or other damages) arising from your use of the website or reliance on any information provided on the website whether or not characterized in negligence, use, misuse, tort, contract, or other theory of liability of the Content on the website, which is provided “as-is”, and without warranties, messages posted or received into through or from the website, or material provided or downloaded from third party links (see Third Party Links section below), even if we have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.
We will assume no liability or responsibility including but not limited to:
- Errors, mistakes, or inaccuracies of Content and materials;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website;
- Damages or data loss from any interruption or cessation of transmission to or from the website due to without limitation technological difficulties, poor latency, system crashes, network connectivity issues, and/or other functionality bottlenecks;
- Damages to your computer, software, mobile device, or data by any viruses, bugs, trojan horses, or other malicious attacks which may be transmitted to or through the website by any third party; and/or
- Any errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the website.
If you wish to use the Content contained on the website, you are taking full responsibility of your own actions and accept any and all of the limitations of liability contained in this agreement.
If any applicable authority holds any portion of this section to be unenforceable, then our liability will be limited to the fullest possible extent permitted by applicable law.
The website is provided on an “as-is” and “as-available” basis. You agree that your use of the website and our services will be at your sole risk.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions, express or implied, relating to our website and the use of this website including, without limitation, any guarantees, liabilities (express or implied), satisfactory quality, merchantability, fitness for any particular purpose, non-infringement, and/or the use of reasonable care and skill. Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may not be excluded under applicable law.
We have used our best efforts in preparing all information on the website in good faith, however we make no representations or warranties of any kind, express or implied, regarding the accuracy, applicability, adequacy, fitness, effectiveness, validity, reliability, availability, and/or completeness of the website’s content or the content of any websites linked to the website.
All opinions expressed and information and data provided on the website are subject to change without notice.
Third Party Links
Our website may contain, or you may be sent outside of the website, links to other external websites (“Third-Party Websites”) or services or links to websites and features in banners or other advertising as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”) that are not owned, operated, or controlled by us.
These external links are for your convenience and information purposes only and are not investigated, monitored, or checked by us for accuracy, applicability, adequacy, fitness, effectiveness, validity, reliability, availability, and/or completeness or any other implied or explicit purpose.
We have no control over, and assume no responsibility for monitoring the content, privacy policies, practices, accuracy, appropriateness, opinions, reliability, adequacy, and/or completeness of any Third-Party Websites or Third-Party Content available through or accessed, posted, or installed on our website. Any purchases you make through Third-Party Websites will be through other websites and from other companies. We will not be a party to or in any way be responsible for monitoring these or any other transactions between you and Third-Party Websites and Third-Party Content of products or services.
Nevertheless, in the event a third-party link is dead or broken, we encourage feedback to preserve the integrity of our website’s Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our website to Third-Party Websites.
You agree and acknowledge that we do not warrant, endorse, guarantee, or assume responsibility for the accuracy, reliability, performance, effectiveness, or applicability of any the products or services offered on Third-Party Websites and/or Third-Party Content and you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damages or losses caused by or in connection with use of or reliance on any such content, Third-Party Content, or any contact with Third-Party Websites.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our website.
Reservation Of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.
Removal Of Links From Our Website
If you find any link on our website or any linked website objectionable for any reason, you may contact us at [email protected] about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
Federal Copyright Law
All of the website’s Content are copyrighted by Cubitize and protected under the U.S. Copyright Act of 1976 and all other applicable international, federal, state and local laws, with ALL rights reserved, including resale rights. No part of the Content including without limitation, the code, design, text, images, graphics, audio, video, and/or software, shall be reproduced, modified, copied, republished, uploaded, auctioned, posted, transmitted, or distributed in any manner without the express written consent of Cubitize.
Any unauthorized duplication, modification, reproduction, and/or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a $250,000 fine. Violators will be prosecuted to the full extent of the law.
Electronic Communications, Transactions, and Signatures
Visiting the website, sending us emails, and/or submitting product reviews constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Notice For Claims Of Intellectual Property Violations
We respect the intellectual property rights of others. If you believe in good faith that any material available on or through the website infringes upon any copyright you own or control, then you (or your agent) may notify (a “Notification”) us at [email protected] that we remove or block access to the infringing material immediately.
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.
These Terms and Conditions and your use of the website are governed by and construed in accordance with the laws of the U.S. and the State of California applicable to agreements made and to be entirely performed within the State/Commonwealth of California, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
The laws of the state of California (other than conflicts of laws rules) shall apply. This is the sole remedy to resolve any disputes between us.
We shall have no responsibility or liability for any content appearing on your website. You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Use of the website;
- Breach of these terms and conditions;
- Any breach of your representations and warranties set forth in these terms and conditions
- Your violation of the rights of a third party, including but not limited to intellectual property rights; and
- Any overt harmful act toward any other user of the website with whom you connected via the website
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
This indemnity survives termination of these terms and conditions.
These terms and conditions and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision. These terms and conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms and conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of the website.
You agree that these terms and conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.