Terms and Conditions

Terms and Conditions Statement Effective as of June, 2016

This website, located at uniform resource locator www.datacubes.com (the “Site”), is provided by DataCubes Inc., (“Company,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”).

1. You Agree to These Terms by Using the Site

Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Company may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You agree to periodically visit this page to review the current Terms of Use to make yourself aware of any changes. You may not modify these Terms of Use except in a writing signed by Company.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.

2. Permitted Use of the Site

The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or purchasing Company services or products. Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include (among other things): any resale or commercial use of the Site or its contents; any collection and use of any product and/or service listings, descriptions, or prices; any derivate use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose with Company’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You may not use any Company trademark, logo or other proprietary graphic as part of a link without our express written permission.

3. Electronic Communications

When you visit the site or send e-mails to Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Privacy

Please review our Privacy Policy, which also governs your visit to the Site. Company’s Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Company in accordance with the Privacy Policy. Any other material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

5. Disclaimer – Warranty

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT BY THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

6. Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

7. Limitations of Liability

Your use of the Site is at your own risk. Neither Company, nor any of its subsidiaries, affiliates, officers or directors, nor any of its agents or any other party involved in creating, producing, or delivering the Site or its content, are liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Site whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Third-Party Links

In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Company. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Company specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; if the goods and/or services promoted or sold through such sites or the sites themselves are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Company has not reviewed and does not endorse or approve of the content, or any products or services available on such sites. Nonetheless, Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Your participation, correspondence or business dealings with any third party found on or through the Site, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

9. Trademarks

DATACUBES and other graphics, logos, page headers, button icons, scripts and service names are trademarks (including trade dress) of the Company in the United States and other countries, regardless of whether the marks are registered. Company’s trademarks may not be used in connection with any product and/or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All trademarks not owned by Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed or sponsored by Company. We do not have any authority to permit you to use, in any way, trademarks not owned by Company.

10. Copyright

Copyright © 2016, DataCubes Inc. ALL RIGHTS RESERVED. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete the copyright notices or any other proprietary notices from materials printed or downloaded from the site.

11. Copyright Complaints

Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@datacubes.com with “WEBSITE COPYRIGHT” in the subject line.

12. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Illinois, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Illinois, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact. You hereby agree to submit to the personal jurisdiction of these courts.

13. Assignment

Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

14. Questions and Feedback

We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@datacubes.com