Terms of Service

CUBETREE, INC.

END USER LICENSE AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY: This License Agreement (“Agreement”) is a legal agreement between you, an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, or entity (“You” or, collectively, “Users”) and CubeTree, Inc. (“CubeTree”) regarding your use of the CubeTree website, as well as any other websites, subdomains, platforms, or services owned or controlled by CubeTree (collectively, the “Service”). The Service allows you to submit, store, and access your company profile, interact with your colleagues and receive updated information related to your colleagues’ projects, assignments, travels and similar activities. By installing, copying, or otherwise using the Service, you agree to be bound by the terms of this Agreement.

BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH CUBETREE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, THE “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; (II) HAVE READ AND UNDERSTAND THESE TERMS; AND (III) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

YOU AGREE THAT ACCESS TO THE SERVICE SHALL BE LIMITED TO THE SUBSCRIBING ORGANIZATION’S AUTHORIZED USERS. EACH AUTHORIZED USER SHALL HAVE A UNIQUE USERNAME AND PASSWORD COMBINATION THAT SUCH AUTHORIZED USER SHALL USE TO ACCESS THE TECHNOLOGY (A “LOGIN”). YOU AGREE THAT EACH LOGIN WILL BE USED ONLY BY THE AUTHORIZED USER TO WHOM IT WAS FIRST ASSIGNED AND BY NO OTHER EMPLOYEE OR AGENT OF THE SUBSCRIBING ORGANIZATION.

  1. Privacy. Please review CubeTree’s Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information. By using the Service, you are consenting to have your personal data transferred to and processed in the United States. CubeTree reserves the right to modify the Privacy Policy in its reasonable discretion from time to time.
  2. License Grant. Subject to the terms and conditions of this Agreement, CubeTree hereby grants to you a limited, personal, non-transferable license to access and use the Service in the manner contemplated by this Agreement solely for the purpose of enhancing communication in the workplace. Users shall have no right to sub-license or resell the Service or any component thereof.
  3. Restrictions on Use.
    1. You may use the Service only for your internal business purposes and shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) copy, distribute, or disclose any part of the Service in any medium; (iii) alter or modify the Service in any way without the prior written consent of CubeTree; (iv) reverse engineer, reverse assemble, reverse compile or otherwise attempt to create the source code from the Service; (v) interfere with, or compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (vi) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Service; (viii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Service; (ix) use the Service or the CubeTree website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the CubeTree website; (x) bypass the measures we may use to prevent or restrict access to the Service; (xi) use any robot, spider, scraper, script, or other automated technology to access the Service for any purpose without our express written permission; (xii) gain unauthorized access to the Service, its user accounts, computer systems or networks through unauthorized means such as hacking or password mining; and (xiii) collect or harvest any personally identifiable information, including account names, from the Service.
  4. Account Information and Data.
    1. User Accounts. In order to use certain aspects of the Service, you will have to register and create an account (“User Account”). You may not use another User’s account without permission. When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify CubeTree. You may be liable for the losses incurred by CubeTree or others due to any unauthorized use of your account.
    2. Account Settings; Customer Communication and Notice. You may use your Account Settings to control your user profile and how other Users communicate with you. By providing CubeTree your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Account Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
    3. System Access. You may choose to allow CubeTree to automatically retrieve data from your system(s) account on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow CubeTree to so automatically access such system(s) and you hereby grant CubeTree permission to access your system(s) and retrieve information therefrom by indicating the same within your Service User Account. CubeTree disclaims any and all liability associated with accessing and retrieving information from your system(s) on your or your Subscribing Organization’s behalf. IF AT ANYTIME YOU DO NOT HAVE THE RIGHT AND AUTHORITY TO ALLOW CUBETREE AUTOMATIC ACCESS TO YOUR SYSTEM(S), THEN YOU HEREBY AGREE TO IMMEDIATELY DISABLE SUCH FUNCTIONALITY WITHIN YOUR SUBSCRIBER AND/OR SUBSCRIBING ORGANIZATION ACCOUNT.
    4. Account Information. You acknowledge and agree that CubeTree may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this Agreement; (c) respond to claims that any information provided by you violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CubeTree, its users, or the public.
  5. User Responsibilities.
    1. You are responsible for all activities occurring under your User Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
    2. You are solely responsible for your interactions with other CubeTree Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CubeTree shall have no liability for your interactions with other Users, or for any User’s action or inaction.
  6. User Content.
    1. Definition of User Content; Ownership. CubeTree may now or in the future permit the uploading of information through the Service (“User Content”), and the hosting, sharing, display and/or analysis of such User Content. Users may use their account settings to control other Users’ access to their User Content (“User Permissions”). CubeTree will use its commercially reasonable efforts to apply User Permissions. However, CubeTree does not guarantee that User Permissions will always be applied, or that your User Content will be kept secure from viewing by others, or from damage or loss. CubeTree takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility. If you want CubeTree to remove your User Content from the Service, please delete it as specified in the Service. However, other Users may have already copied or forwarded your User Content to others, making recovery impossible. CubeTree is not responsible for any public display or misuse of your User Content. You understand that whether or not such User Content is displayed, CubeTree does not guarantee any confidentiality with respect to any User Content. Users retain all right, title, and interest in and to all User Content.
    2. License Grant to CubeTree. By submitting User Content to the Service, you hereby grant to CubeTree a worldwide, non-exclusive, sublicensable, transferable, perpetual, irrevocable, fully paid-up, and royalty-free license to use, display, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze your User Content within the Service in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Service and improving the way the Service work and look, and to create new features and functionality. This license does not grant CubeTree the right to use your User Content for any other commercial purposes.
    3. Limited License Grant to other CubeTree Users. By submitting User Content to the Service, in cases where you display your User Content for other Users to view or when you directly exchange or otherwise provide your User Content to other Users as permitted by certain Service functionality and these this Agreement, you hereby grant to such Users of the Service a non-exclusive license to use, display, and reproduce such User Content as necessary for such Users to use the relevant Service functionality or features.
    4. License Termination. The foregoing licenses granted by you terminate as to specific User Content once you remove or delete such User Content from the Service; except for CubeTree’s right to archive such User Content in accordance with its standard policies and to use such Information in aggregate form to improve the way the Service work and look, and to create new features and functionality.
    5. Required Rights. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize CubeTree and CubeTree’s Users to use the User Content uploaded by you as necessary to exercise the licenses granted by you in this Section 6, and otherwise in the manner contemplated by CubeTree and this Agreement.
    6. User Content Representations. You agree not to submit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. CubeTree reserves the right, but is not obligated, to reject and/or remove any User Content that CubeTree believes, in its sole discretion, violates these provisions.
    7. User Content Disclaimer. You understand that when using the Service you will be exposed to User Content from a variety of sources, and that CubeTree is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CubeTree with respect thereto, and agree to indemnify and hold CubeTree, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Content. CubeTree does not endorse any User Content or any opinion, recommendation or advice expressed therein or based upon such User Content, and CubeTree expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to this Agreement, CubeTree may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content, which it reserves the right to do at any time. CubeTree does not permit copyright infringing activities on the Service.
  7. Intellectual Property Ownership.
    1. The Service is owned and operated by CubeTree. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by CubeTree, but expressly excluding any of the foregoing owned or licensed by and posted to the Service at the direction of Users (including without limitation User Content) (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any technology licensed by CubeTree, which is owned by and provided by our third-party licensors, all Materials contained in the Service, including without limitation the intellectual property rights therein and thereto, are the property of CubeTree or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to CubeTree or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
    2. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CubeTree under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, CubeTree does not waive any rights to use similar or related ideas previously known to CubeTree, or developed by its employees, or obtained from sources other than you.
  8. Payment of Fees.
    1. You are responsible for paying any applicable fees and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Service. You agree to pay for all services that you purchase through the Service, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify CubeTree if your selected payment method is cancelled (e.g., for loss or theft).
    2. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Service, including, but not limited to, sales, use, or value-added taxes. To the extent CubeTree is obligated to collect such taxes, the applicable tax will be added to your billing account.
    3. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences; provided, however, that such notice will not affect charges submitted before CubeTree could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
    4. CubeTree reserves the right to change the amount of, or basis for determining, any fees or charges for the Service we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that CubeTree can charge these unpaid fees to any payment method that you have previously provided.
    5. Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (i) every month for monthly subscriptions; (ii) upon every one year anniversary for annual subscriptions; (iii) such other periodic rate you have selected from among the options offered on the Service.
  9. Term and Termination. This license is effective until terminated. You agree that CubeTree, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with CubeTree. In addition, CubeTree reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any Information. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that CubeTree will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CubeTree may have at law or in equity.
  10. Modification of the Terms. CubeTree reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. You agree to review these Agreement periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. If any such revision is unacceptable to you, your only remedy is to terminate your CubeTree User Account. For any material changes to this Agreement, such amended terms will automatically be effective thirty days after they are initially posted on the Service.
  11. Eligibility. The Service is not available to persons under 18 years of age or to any Users previously suspended or removed from the Service by CubeTree. CubeTree may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. By clicking the “I Agree” button or by otherwise subscribing to or using the Service you represent that you are at least 18 years of age.
  12. Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide personal or sensitive information in order to use the Service, and that you provide any personal or sensitive information at your own risk.
  13. Electronic Communication. You acknowledge that you are solely responsible for the use of electronic mail in connection with the Service. You represent and warrant that you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in your use of the Service.
  14. DMCA Notice.

    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify CubeTree's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

    1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    2. Identification of the copyrighted work that you claim has been infringed;
    3. Identification of the material that is claimed to be infringing and where it is located on the Service;
    4. Information reasonably sufficient to permit CubeTree to contact you, such as your address, telephone number, and, e-mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

    The above information must be submitted to the following DMCA Agent:

    • Name: Carlin Wiegner
    • Attn: DMCA Notice
    • CubeTree: CubeTree, Inc.
    • Address: 901 Marshall Street, Suite 100, Redwood City, CA 94063
    • Telephone: 650 599 9660
    • Fax: 650 599 9858
    • Email: support@cubetree.com

    UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

    Please note that this procedure is exclusively for notifying CubeTree that your copyrighted material has been infringed. The preceding requirements are intended to comply with CubeTree's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

  15. Third-Party Websites, Advertisers or Services. The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by CubeTree. CubeTree has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and CubeTree’s Privacy Policy do not apply to your use of such sites. You expressly relieve CubeTree from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on CubeTree, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CubeTree shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
  16. Indemnity. You agree to defend, indemnify and hold harmless CubeTree and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any other data that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. CubeTree will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by CubeTree. CubeTree will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
    1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CUBETREE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
    2. CUBETREE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CUBETREE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CUBETREE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  18. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUBETREE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CUBETREE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUBETREE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CUBETREE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CUBETREE HEREUNDER.
    3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CUBETREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    4. The Service is controlled and operated from its facilities in the United States. CubeTree makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
  19. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CubeTree without restriction.
  20. General.
    1. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over CubeTree, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and CubeTree that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, unless submitted to arbitration as set forth in the following paragraph.
    2. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. Notification Procedures. CubeTree may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by CubeTree in our sole discretion. CubeTree reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
    4. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by CubeTree via the Service, shall constitute the entire agreement between you and CubeTree concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
    5. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CubeTree's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us at support@cubetree.com with any questions regarding this Agreement.