PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (“TERMS”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE OR PURCHASING CUBEGUARD PRODUCTS FROM THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SITE OR PURCHASE PRODUCTS FROM SITE.
CubeGuard.com (“Site”) is owned by CubeGuard, Inc. (“CubeGuard”) and is currently provided free of charge to users who agree to abide by these Terms. CubeGuard reserves the right to change the nature of this relationship at any time, and to revise these Terms from time to time as CubeGuard sees fit. Users should check these Terms periodically. By using the Site after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them.
The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by CubeGuard, Inc. ALL RIGHTS RESERVED. CubeGuard.com, CubeGuard, Get Your Message Across, other trademarks and all page headers, custom graphics, and custom icons are service marks and trademarks of CubeGuard, Inc. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations and copy (the “Materials”) are the property of CubeGuard and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by CubeGuard and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site without CubeGuard’s prior written permission.
Some products offered on the Site are available in select retail and online stores throughout the United States, however, prices and availability may vary. Prices shown on the Site apply to products and services on the Site, and are quoted as U.S. dollars. Price and availability are subject to change without notice.
We strive to consistently deliver high quality photo-quality prints, and to display all products shown on the Site in an accurate manner; however, because of the complexities of resolution and color-matching across devices, we do not provide any guarantees that printed images will look as they might appear on your computer monitor, printer, or other proofing device.The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
By processing and submitting your CubeGuard order on the Site, or posting or publishing any content to the Site CubeGuard.com, you (i) represent and warrant to CubeGuard, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates and third parties providing information or services on the Site (collectively, the “CubeGuard Parties”), that you own and possess all rights or own sufficient rights and consents of third parties necessary for CubeGuard and its providers to copy, produce, publish, print or imprint each and every posting, message, image, and portion thereof you submit (“User Submission”); and (ii) you agree and covenant that at CubeGuard’s request, and without further consideration, you will promptly provide CubeGuard with reasonable evidence of such adequate and enforceable rights of third parties (i.e. consents, approvals, licenses or sublicenses).
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CubeGuard, you hereby grant CubeGuard a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and the promotion of the Site in any manner and in any media now known or hereafter developed.
If you choose to submit a CubeGuard custom message or post User Submissions on CubeGuard.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of CubeGuard.com reflects your respect for the legal rights of users connected with CubeGuard.com. You understand that CubeGuard does not guarantee any confidentiality with respect to any User Submission.
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which CubeGuard considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.CubeGuard expressly disclaims any and all liability in connection with User Submissions. CubeGuard reserves the right to refuse custom message orders or remove content provided by you and/or User Submissions in its sole discretion and without prior notice and without liability to you.
All items purchased through CubeGuard are purchased under a shipment contract where risk of loss and title pass to you upon delivery to the carrier for shipment. We’ll charge your credit card only after shipment. We reserve the right to ship and charge for partial orders, but partial shipments will not result in increased shipping charges to you. CubeGuard endeavors to process and ship orders within 2 business days (Monday – Friday, excluding U.S. holidays); however, CubeGuard does not guarantee shipping times, especially during peak periods such as holidays. Returns are subject to our Returns & Replacements Policy included in the FAQs on the Site, which is incorporated herein by reference.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of CubeGuard, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Terms, please contact us.
a. Governing Law. These Terms shall be governed by and interpreted in accordance with the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California. You agree that conflicts of laws principles of such laws and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. The parties consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all claims arising out of or relating to these Terms or the relationship between the parties.
b. Warranty Disclaimer. THE SITE AND PRODUCTS AND MERCHANDISE OBTAINED BY USING THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUBEGUARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUBEGUARD DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE CUBEGUARD SITE OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE CUBEGUARD SITE OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (III) ANY MERCHANDISE OR PRODUCT OBTAINED THROUGH THE SITE WILL BE FREE FROM DEFECT OR ERROR; OR (IV) ANY ERRORS IN THE CUBEGUARD SITE OR THE PRODUCTS BE CORRECTED TO YOUR SATISFACTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE CUBEGUARD SITE AND THE PRODUCTS REMAINS WITH YOU.
c. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUBEGUARD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE CUBEGUARD SITE, THE SOFTWARE OR THE SERVICES OR OTHERWISE, OR WITH RESPECT TO ANY PURCHASES MADE BY YOU THROUGH THE CUBEGUARD SITE, UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CUBEGUARD OR ANY SUPPLIER, AND EVEN IF CUBEGUARD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
d. Indemnification. You agree to indemnify, defend and hold CubeGuard and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) an violation or breach of these Terms by you, (ii) any activity related to access to of use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account, or (iii) CubeGuard’s authorized use of data or User Submissions provided by you or data obtained by CubeGuard as authorized by you under these Terms.
e. General. Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of CubeGuard. Any assignment in derogation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. CubeGuard shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between CubeGuard and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Following the requirements of 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information on how to obtain such protections see GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). CubeGuard does not endorse any particular provider or service that enables parental controls. As required under California Civil Code Section 1789.3, CubeGuard provides you with the following specific consumer rights notice regarding: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2009 CubeGuard, Inc.Last updated July 29, 2009