TERMS OF SERVICE
Last updated on September 30, 2023
OVERVIEW
Please read these Terms of Service carefully before accessing or using our website. Throughout the site and other platforms (the "Site" and the "Services"), the terms “we”, “us” and “our” refer to Kube4Sure. Kube4Sure offers this website and the applications, including all information, tools and services available from us. By accessing or using any part of the site and services, you agree to be bound by these Terms of Service (“Terms”, “Terms and Conditions”).
These Terms of Service apply to all users of the site and the services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 2 - REGISTRATION & LICENSE ACCOUNT
Certain of the Services or portions of the Site may require you to register for a License, becoming a "Registered User". As part of the License creation process, you may be asked to provide an email unique to the Account ("Login Information"). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf.
SECTION 3 - PERMITTED USES/LICENSE
You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device. You may not, and shall not permit any other person, to: copy the Services, in whole or in part; modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of any Services; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services to any person; reverse engineer, disassemble, decompile, decode or adapt the Services.
SECTION 4 - USE OF THE SERVICES
Some of the Services may be used to develop, manage, and support databases ("Databases"). You may only use the Services to develop, manage, and support Databases that you control or which you have been legally granted access to. You acknowledge and agree that your use of the Services can affect your Databases, and you accept sole responsibility for any errors, malfunctions, or corruption of any Databases caused by your use of the Services.
SECTION 5 - THIRD PARTY SITES
The Site may contain links to websites we do not operate, control, or maintain ("Third Party Websites"). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience.
SECTION 6 - USER CONTENT GENERALLY
When you post content and information to the Site or in connection with the Services ("User Content"), you represent and warrant to us that you own or have rights to use the User Content, the posting of the User Content does not violate any rights of any person or entity, and you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used.
SECTION 7 - USER CONDUCT
You agree not to use the Site or the Services to take any action or actions that are patently offensive in any manner, involve commercial activities without our prior written consent, are contrary to our public image, goodwill, or reputation, infringe on our or any third party's intellectual property rights, or violate any law or any third party's legal rights.
SECTION 8 - YOUR PRIVACY
At Kube4Sure, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of data as outlined therein.
SECTION 9 - PAID SERVICES
Our order process is conducted by PayPal.com. PayPal.com is the Merchant of Record for all our orders. PayPal provides all customer service inquiries and handles returns.
SECTION 10 - COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please contact us at kube4sure@gmail.com
SECTION 11 - WARRANTY DISCLAIMER
You agree that the Services are available on an "as is" basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied.
SECTION 12 - LIMITATION OF LIABILITY
IN NO EVENT SHALL KUBE4SURE OR ITS SUPPLIERS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
SECTION 13 - INDEMNIFICATION
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and Services in violation of these Terms.
SECTION 14 - MISCELLANEOUS
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision.
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kube4sure@gmail.com