OVERVIEW
This website is operated by DealCubby. Throughout the site, the terms “we,” “us,” and “our” refer to DealCubby. DealCubby provides this website, including all information, tools, products, and services available through this site, to you, the user, subject to your acceptance of these Terms of Service.
By visiting our website, browsing our products, creating an account, or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein or available through the website.
These Terms of Service apply to all users of the website, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the website or use any of our services.
Any new features, tools, products, or services added to the website will also be subject to these Terms of Service.
Our online store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to offer our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have given us permission to allow any minor dependents to use this website under your supervision.
You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any applicable laws or regulations, including copyright laws, while using the website or our services.
You must not transmit or introduce any worms, viruses, malware, or any other destructive or harmful code.
A violation of any of these Terms may result in the immediate termination of your access to our services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason and at any time, to the extent permitted by applicable law.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmission over various networks or technical adaptations required to connect devices and networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, your use of the Service, access to the Service, or any contact through which the Service is provided, without our express written permission.
The headings used throughout these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is inaccurate, incomplete, or not current. The information provided on this website is intended for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.
Any reliance on information provided on this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only.
We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify, suspend, or discontinue the Service, or any part of the Service or its content, without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange only in accordance with our applicable Return and Refund Policy.
We make reasonable efforts to display product images, colors, descriptions, and other product information as accurately as possible. However, we cannot guarantee that your device or monitor will accurately display every color or visual detail.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time.
Any offer for a product or service made on this website is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained through the website will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed through our website. We may, at our sole discretion, limit or cancel quantities purchased per person, household, account, order, credit card, or billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, telephone number, or other contact information provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers, distributors, or other unauthorized commercial purchasers.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website.
You agree to promptly update your account information, including your email address, credit card information, and credit card expiration date, so that we can complete your transactions and contact you when necessary.
For additional information regarding returns, refunds, or other order-related matters, please review our applicable Return and Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor, control, or have direct involvement.
You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement by DealCubby.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider.
Any new services, features, tools, or resources added to the website in the future will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to websites that are not affiliated with DealCubby.
We are not responsible for examining or evaluating the content, accuracy, or reliability of third-party materials, websites, products, or services, and we do not warrant or assume any responsibility or liability for them.
We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites.
Please carefully review the third party’s policies and practices before engaging in any transaction with them.
Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, materials, feedback, reviews, or other information, whether online, by email, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use such comments in any medium.
We are and shall be under no obligation to:
- Maintain any comments in confidence.
- Pay compensation for any comments.
- Respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or otherwise in violation of these Terms or any third party’s intellectual property rights.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive, obscene, or otherwise objectionable material, or contain any computer virus, malware, or other harmful code that could affect the operation of the Service or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for comments posted by you or any other user.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
Please review our Privacy Policy for information about how DealCubby collects, uses, and handles personal information.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, including after you have submitted an order, without prior notice.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.
No specified update or refresh date applied to the website or related content should be taken to indicate that all information has been updated or modified.
SECTION 12 – PROHIBITED USES
In addition to other restrictions set forth in these Terms of Service, you are prohibited from using the website or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in unlawful acts.
- To violate any applicable international, federal, state, or local laws, rules, regulations, or ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic.
- To submit false or misleading information.
- To upload or transmit viruses, malware, or any other malicious code that may affect the functionality or operation of the Service or related websites.
- To collect or track the personal information of others without proper authorization.
- To spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise collect information through unauthorized automated methods.
- For any obscene, immoral, or unlawful purpose.
- To interfere with or circumvent the security features of the Service, related websites, or any connected network or system.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through the Service are provided on an “as is” and “as available” basis, unless otherwise expressly stated by DealCubby, without any express or implied warranties or conditions of any kind, including warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by applicable law, DealCubby and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Service or any products or services purchased through the Service, or for any other claim related in any way to your use of the Service or any product or service, including any errors or omissions in any content or any loss or damage incurred as a result of the use of the Service or any content made available through the Service, even if advised of the possibility of such damages.
In jurisdictions or states that do not allow the exclusion or limitation of liability for certain types of damages, our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DealCubby and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be considered severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all applicable purposes.
These Terms of Service are effective unless and until terminated by either you or DealCubby.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have violated these Terms, we may terminate your access to the Service without notice.
You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to the Service or any part of it following termination.
SECTION 17 – ENTIRE AGREEMENT
The failure of DealCubby to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and DealCubby and govern your use of the Service.
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide services to you shall be governed by and construed in accordance with the laws of the United States, without regard to conflict-of-law principles to the extent applicable.
SECTION 19 – 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.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact DealCubby using the contact information provided on our website.