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CubeSnackBits, Inc. (“Company,” “CubeSnackBits,” “we,” or “us”) provides users (“Users” or “you”) of the web pages located at cubesnackBits.com (“Site”) and the CubesnackBits mobile app (“Mobile App”) with a platform to perform electronic business transactions and a platform for buyers and sellers of goods and services (collectively, “Services”).
This Terms of Use Agreement (“Agreement”) details the terms, conditions, disclaimers, and limitations of liability governing your access and use of this Site, the Mobile App, and the Services. You are responsible for carefully reading this entire Agreement. We recommend that you print or save a copy of this Agreement for your records and review it with your legal and other advisers prior to acceptance. By accessing or using this Site, Mobile App, or Services, you accept and agree that the terms in this Agreement form a legally binding agreement between you and Company each time you access and/or use this Site, the Mobile App, or the Services. If you do not agree with all terms in this Agreement, you are not authorized to use this Site, the Mobile App, or the Services. Company may amend this Agreement at any time by posting an amended version on this Site.
In addition, you and Company shall be subject to any additional terms, guidelines, or rules applicable to this Site, the Mobile App, and/or the Services, which may be posted from time to time on this Site. All such additional terms, guidelines, and rules are hereby fully incorporated by reference into this Agreement. Also, Company may offer other Services from time to time that are governed by different terms.
Disclaimers, Limitations of Liability, and Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MOBILE APP, AND THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS OR GOODWILL; (III) DAMAGES FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR PERSONAL INJURY, OR FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE; AND (IV) ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOUR USE OF THE SERVICES, OR THIS SITE, OR THE MOBILE APP ARE AT YOUR SOLE RISK. THE SERVICES, THIS SITE, AND THE MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR CORRESPOND TO ANY CONDITION, (III) RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, OR THIS SITE, OR THE MOBILE APP, OR ANY PRODUCT OR SERVICE PROCURED THROUGH ANY OF THEM, WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES, OR THIS SITE, OR THE MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR SERVICES, OR ONE HUNDRED U.S. DOLLARS ($100).
THE INFORMATION PROVIDED ON THIS SITE AND THE MOBILE APP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. COMPANY DOES NOT WARRANT THAT PRODUCTS AVAILABLE THROUGH THIS SITE OR THE MOBILE APP ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS.
Information regarding products may be provided by users or other third parties. Company does not guarantee that such information or other content provided through the Site, the Mobile App, and/or the Services is accurate, complete, or up-to-date. You agree and acknowledge that Company is not responsible for verifying or guaranteeing the information or content provided by users or other third parties through the Site, the Mobile App, and/or the Services. You agree and acknowledge that you will not attempt to hold us or our affiliates and agents liable for any inaccuracies or incomplete information.
Intellectual Property
All intellectual property rights associated with individual products referenced on or offered through this Site or the Mobile App are owned by the respective entities that created such products (collectively, “Third Parties”). As between you and Company, Company owns all intellectual property rights, including all copyrights, patents, trademarks, and trade dress associated with the Site and/or the Mobile App, including all associated software, logos, text, and graphics. You agree not to use any Third Parties’ intellectual property or any Company intellectual property without prior written permission from such Third Parties or Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site so long as such link is not related to any portrayal of Company, this Site, the Mobile App, or the Services in any false, misleading, derogatory, or otherwise offensive manner.
Please be aware that when you provide any content to us, the Site, or the Mobile App using our Services, you are doing the following: (a) you grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to exercise any and all intellectual property rights you have in that content in connection with our provision and/or promotion of our Services, in any media known now or developed in the future; (b) you waive any right to enforce your intellectual property rights, if any, in that content against Company, or our sublicensees or other agents, in connection with any use of that content in connection with our Services or promotion of such Services. Company retains the right to use all publicly-published or posted content for Company’s business purposes, including but not limited to marketing and promotional purposes.
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that your copyright rights have been infringed, please provide to our copyright agent ALL of the following information:
Contact our copyright agent:
By mail: CubesnackBits, Inc., c/o Copyright Agent, 3 Audrey Avenue, Oyster Bay, NY 11771
By email: copyright@cubesnack.com
Registration
Only registered and verified users may buy and sell on the Site and the Mobile App. Registration is completely free of charge. In registering for an account, you agree to provide us with true, accurate, complete, and current information and must not create an account for fraudulent or misleading purposes. If you do not, or if Company has reasonable grounds to suspect that you have not, or if Company has grounds in its discretion to suspect that you have violated this Agreement, Company has the right to suspend or terminate your current or future use of the Site, the Mobile App, and/or the Services.
Multiple Accounts: To prevent abuse and misconduct, users are limited to one (1) active CubeSnackBits Buyer account, one (1) active CubeSnackBits Seller account, and one (1) active CubeSnackBits Freelancer account. Any additional account determined in Company’s discretion to be created to circumvent guidelines, promote competitive advantages, or mislead the other users on CubeSnackBits will be permanently disabled. Mass account creation may result in disabling of all related accounts.
Account, Password, Security
You may receive a password and a username upon completing the registration process. You are fully and solely responsible for maintaining the confidentiality of your password and account information, and are fully and solely responsible for all activities that occur under your password or account. You expressly agree not to share your username and password with anyone. You agree to (i) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Company is not and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
You agree to provide true, accurate, current, and complete payment information where prompted. If you do not, or if Company has reasonable grounds to suspect that you have not, or if Company has grounds in its discretion to suspect that you have violated this Agreement, Company has the right to suspend or terminate your current or future use of the Site, the Mobile App, and/or the Services.
Third-Party Sites
This Site or the Mobile App may provide you with links to third-party websites that may be of interest to you. Such third-party sites and content are not controlled or operated by Company. Company is not responsible or liable in any way for, and makes no representations or warranties about, the privacy, security, data policies, practices, quality, accuracy, timeliness, reliability of any third-party sites or their content, advertisements, functionality, and links.
We encourage you to be aware when you leave the Site or the Mobile App and to read the terms of use and privacy policies of any other website or app that you visit, even if you access them through links on this Site or the Mobile App. Company does not endorse and is not responsible or liable for any third-party content, applications, advertising, products, further links, or other material on or available through such websites or apps. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTIES, OR YOUR ACCESS OR USE OF ANY THIRD-PARTY SITE, APP, CONTENT, OR PLATFORM.
Representations & Warranties
You represent and warrant that:
Force Majeure
Company will not be liable for non-performance or delay in performance caused by any event beyond the reasonable control of Company, including, but not limited to, war, hostilities, revolutions, riots, civil commotion, terrorist activity or threat, national or state emergency, epidemic, pandemic, fire, flood, earthquake, force of nature, explosion, embargo, any act of God, or any other event of a similar nature.
Indemnification and Release
You hereby agree to indemnify and hold harmless, and upon Company’s request, defend, Company and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding made by a third party arising from: (i) actual or alleged breach of any warranty, representation, covenant, or obligation of yours under this Agreement or applicable law, including but not limited to your agreements, acceptance, representations, and warranties set forth above; or (ii) actual or alleged infringement or violation by you of any intellectual property or privacy or other right of any other. Company shall have the right, at its expense, to participate in its defense with counsel of its choosing.
You hereby expressly and perpetually release Company and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns (collectively, “Releasees”), from any and all claims of any kind related to or arising out of access, attempted access, or use of the Site, the Mobile App, the Services, or any product or service procured using one or more of them, including but not limited to any injury, loss, or damage arising out of or attributable to such access, attempted access, or use of the Site, the Mobile App, the Services, or any product or service procured using one or more of them. You expressly and perpetually waive, and covenant not to make or bring, any such claim against Company or any other Releasee, and forever release and discharge Company and all other Releasees from liability under such claims.
Applicable Law
This Agreement and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any dispute arising in connection with this Agreement, the Site, Mobile App, and/or Services shall be submitted to arbitration conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Arbitration Rules (as applicable). Three arbitrators will be selected for the proceeding: one selected by you, one selected by Company, and one selected by those two arbitrators within seven (7) days of the appointment of the first two. The arbitrators will decide the substance of all claims in accordance with applicable law. The arbitrators’ award shall be final and binding and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim or dispute you may have against Company and/or its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or remove you as a participant in the suit. You agree to pay the attorneys’ fees and costs that Company incurs in seeking such relief. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
Disputes Between Users and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves using the message tools provided within the Site and Mobile App. If for any reason users are unable to resolve any issues mutually, or if you encounter non-permitted usage on the Site, users can contact CubeSnackBits Customer Support for assistance. For more information about disputes, order cancellations, returns, and refunds please refer to the FAQs.
International
The Site is hosted and the Services are offered in the United States of America (“U.S.”), and are intended to comply with U.S. laws and be used only in the U.S. You agree that you will not access the Site or Services outside the U.S. You agree to not use the Site, or any portion of the Site, in violation of U.S. law including but not limited to export regulations. You are responsible for adhering to all relevant local and national laws wherever you are. If you are located in the European Economic Area (EEA), you should not use this Site. If you use this Site, it is an unauthorized use and you understand that your information is stored and transmitted outside of the EEA. Your information would be treated as described in this Agreement and Company privacy policy, but you understand that this Site is not intended or authorized for use by those located in EEA and is not subject to the General Data Protection Regulation (GDPR).
Notices
Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to CubesnackBits, Inc., 3 Audrey Avenue, Oyster Bay, NY 11771, Attn: Legal Department.
General
This Agreement along with any additional terms, policies, rules, or regulations posted on this Site or the Mobile App constitute the entire agreement between you and Company and govern your use of the Site, the Mobile App, and the Services, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer your rights or obligations under this Agreement, in whole or in part. Company may assign or transfer its rights and obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the respective heirs, successors, and permitted assigns of you and Company.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be curtailed only to the extent necessary to bring it within legal and enforceable requirements and all other provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are for convenience only and shall not affect the meaning of any provisions of this Agreement.
Violations
Without limiting other remedies, Company may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and/or use of the Site and/or the Mobile App, and/or access and use of the Services if: (i) you breach this Agreement or the documents it incorporates by reference, or breach any other agreement between you and Company in any way; (ii) we are unable to verify or authenticate information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us, or other Users. Company may cancel accounts that have been inactive for a substantial period of time or unverified accounts. Company reserves the right to refuse, suspend, or terminate the Services to anyone for any reason at Company’s sole discretion.
Users may receive a warning to their account for violations of these Terms of Use or any user misconduct reported to the CubeSnackBits team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller privileges or being permanently disabled based on the severity of the violation and in Company’s sole discretion.
User Abuse and Misconduct: CubeSnackBits enables people across the United States to create, sell, share, and purchase nearly any product or service they need at a reasonable cost. Registered users of CubeSnackBits communicate and engage through orders and in-app messaging features.
CubeSnackBits encourages friendly, community-spirited, and professional behavior in an effort to promote a favorable marketplace experience for our users. Users must strictly adhere to this code of conduct while interacting with other users on CubeSnackBits.
To report a violation of these Terms of Use, to report user misconduct, and/or to submit inquiries regarding your account, please contact CubeSnackBits Customer Support.
Targeted Abuse:
CubeSnackBits does not tolerate users who engage in targeted abuse or harassment towards other users on the CubeSnackBits Site or Mobile App. This includes creating new or multiple accounts to harass members through our message or ordering system.
Buying or selling of CubeSnackBits accounts is strictly prohibited.
CubeSnackBits complies with the regulations of its payment processors and other partners with whom CubeSnackBits works in connection with the Site, the Mobile App, and/or the Services.
Prohibited Items
CubeSnackBits prohibits the listing or sale of any item included in the following list of Prohibited Items. If a Seller lists a Prohibited Item, it will be deemed to be a violation of these Terms of Use regardless of whether the Seller acted intentionally or not. If CubeSnackBits determines that a listing is in violation or is otherwise inappropriate, CubeSnackBits may, in its sole discretion, remove the listing and/or cancel any related transactions and/or suspend or terminate any related accounts.
The list of Prohibited Items may be updated from time to time in CubeSnackBits’s sole discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
The CubeSnackBits marketplace, Site, Mobile App, and Services may not be used to list or sell any of the following products or services listed below:
Anything illegal under applicable U.S. law, regulations, or rules
Drugs including:
Illegal drugs or narcotics
Prescription medicines or devices, pharmaceuticals, or behind-the-counter drugs
Products, tools, or services specifically offered or intended to be used to create or use drugs
Grow ingredients for drugs (such as seeds for cannabis plants)
FDA-restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies, and homemade cosmetics (including but not limited to any ingestibles):
Items (or listings/descriptions thereof) that offer “miracle” cures (e.g., “anti-aging,” “cancer protection/prevention”)
Items (or listings/descriptions thereof) that make false health claims or misuse terms (e.g., “virus,” “pandemic”)
Items that contain cannabidiol (CBD)
Inflated prices where listings attempt to profit from tragedies and disasters (e.g., “Paradise fire,” “coronavirus outbreak”)
Stolen goods:
Note: If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
Counterfeit goods or goods infringing on any third party’s intellectual property rights:
Items that are non-brand, off-brand, non-genuine, imitation, fake, or replica
Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
Note: For brand-name products, serial numbers or receipts must be available when listing the item.
Weapons, including but not limited to:
Firearms and firearm parts, including but not limited to “airsoft” and “bb” guns
Knives, including but not limited to switchblades, butterfly knives, knives that are concealed or hidden within other objects/material, or are made of materials that cannot be detected with a metal detector
Explosives or military ordinance
Self-defense weapons
Alcohol and alcoholic beverages
Tobacco products:
Cigarettes
E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine or are associated with tobacco or nicotine usage
Vaporizing liquid without nicotine
Items used for identity theft (such as account credentials, user login information, and/or account access codes)
Items not in your possession:
Drop-shipping
Advertisements or listings for objects being sought
Items you do not currently have (e.g., items that are on order but not yet received)
Coupons for any products or services
Items that are a safety hazard
Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the “ship on your own” option
Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright-protected materials (including but not limited to “mod chips” to break the encryption on game computers to allow the playing of unlicensed game copies)
Age-restricted products or products that require a legal approval, seller/buyer registration with authorities or agencies, or licenses to be sold
Gambling, including but not limited to using this Site, the Mobile App, and/or the Services for raffles or “mystery” purchases
Financial products and services such as:
Bonds, securities, warranties, and insurance
All currency in circulation of any denomination except collectibles
Precious metals including bullion or bars
Buying and selling gift cards or prepaid cards
Live animals
Trafficked materials or import-restricted materials (e.g., ivory or shark fins)
Any item that contains a computer virus, malware, or spyware
Humans, human body parts, organs, cells, blood, bodily fluids, and items that are soiled with human materials (e.g., used underwear or undergarments)
Explicit items:
Sexually-explicit items, including but not limited to sex toys and fetish items
Offensive items or listings:
Items, listings, photos, images, descriptions, or any other content that promotes or glorifies hatred, violence, abuse, insurrection, racism, discrimination, or unlawful activity are NOT allowed (and are determined or categorized as such in Company’s sole discretion)
CubeSnackBits reserves the right to remove – at any time, for any reason, with or without notice to Seller, in Company’s sole discretion – any and all listings that fail to comply with these Terms of Use.