Legal Disclaimer

Terms of Service

This website is operated by Cubed3 Life Sciences, Inc. (“Cubed3”).  Throughout the site, the terms “we”, “us” and “our” refer to Cubed3.  The terms and conditions set forth in this document govern your relationship with Cubed3 and your use of the website located at https://cubed3.us (“Website”).

Your access to and your use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions, policies and notices (the “Terms of Service”). By using the Services you are agreeing to each of these Terms of Service.  If you do not agree to the entirety of the Terms of Service, then you may not access the Service.  CUBED3 may make changes to the content and Services offered on the Website at any time. CUBED3 can change, update, or add or remove provisions of these Terms of Service, at any time by posting the updated Terms of Service on this Website. By using this Website after CUBED3 has updated the Terms of Service, you are agreeing to all the updated Terms of Service; if you do not agree with any of the updated Terms of Service, you must stop using the Website. You should check this page regularly to take notice of any changes that Cubed3 may have made to these Terms of Service.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CUBED3.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

By using this Website, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Website at any time or in any manner or submit any information to the CUBED3 or the Website.

CUBED3 provides content through the Website and through the Services that is copyrighted and/or trademarked work of CUBED3 or CUBED3’s third-party licensors and suppliers or other users of the Website (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms of Service, and your compliance with these Terms of Service, CUBED3 hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Website solely for your personal use.  Except for the foregoing license, you have no other rights in the Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Materials in any manner.

If you breach any of these Terms of Service, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Access to this Website is permitted on a temporary basis, and Cubed3 reserves the right to withdraw or amend the Services without notice. Cubed3 will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, Cubed3 may restrict access to some parts or to all of this Website. Cubed3 will not be liable if for any reason some or any portion of this Website is unavailable at any time or for any period.

This Website may contain links to other websites that are not operated by Cubed3 (the “Linked Sites”). Cubed3 has no control over the Linked Sites and accepts no responsibility for them, nor for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Linked Sites.  CUBED3 is providing links to the Linked Sites to you as a convenience, and CUBED3 does not verify, make any representations or take responsibility for such Linked Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Linked Sites. YOU AGREE THAT CUBED3 WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY LINKED SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.  Any reference on the Website to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply CUBED3’s endorsement or recommendation.

Privacy Policy

Cubed3’s privacy policy and cookie policy, which describe how Cubed3 will use your information, can be found at https://cubed3.us/privacy-policy/. By using this Website, you acknowledge, agree and consent to the processing described therein, and warrant that all data that you provide is truthful and accurate. Further, you acknowledge the information stored and possessed by Cubed3 is proprietary to Cubed3. You agree to refrain from any activity that would result in unauthorized possession or use of such information.

Prohibitions

By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; (h) engage in, assist or facilitate any use of ransomware to threaten or extort publication of Cubed3 information or lock down any of its systems; or (i) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and Cubed3 will report any such breach to the relevant law enforcement authorities and disclose your identity to them, along with any civil remedies available at law.

Cubed3 will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary materials due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. You acknowledge, agree and consent to irrevocably waive, and cause to be waived, any and all liability against Cubed3 for such related damages incurred. 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Cubed3 or its licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by Cubed3 and its licensors. You may store, print and display the content supplied solely for your own personal non-commercial use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, directly or indirectly, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise or transaction. 

Account

You can simply view the Site and not use any Services on the Site.  You need not register with CUBED3 to simply visit and view the Site. However, to use certain other Services and Materials offered on and throughout the Website, including but not limited to saving your information for faster check out or to leave a comment or review of the products, you must create an account. Once you have submitted your account registration information, the CUBED3 administrator shall have the right to approve or reject the requested registration, in the CUBED3 administrator’s sole discretion.  If your account is approved by the CUBED3 administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password for the first time you log into your account on the Site to complete the account registration process.

You are responsible for maintaining the confidentiality of your CUBED3 Password (“Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password.  You agree to notify CUBED3 if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account directly.

Terms of Sale

Placing an order for products means that you are offering to purchase that product on and subject to the following terms and conditions of sale.

All purchasers must be at least eighteen (18) years of age and must possess a valid credit or debit card issued by a bank acceptable to Cubed3. Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to Cubed3 are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.

All orders placed on this Website are subject to: (1) product availability and (2) Cubed3’s confirmation of the order quantity and price. Cubed3 retains the right to refuse any orders. 

Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which Cubed3 will not be responsible.

(a) Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until Cubed3 transmit an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.

(b) Pricing and Availability

Errors in product details, descriptions and prices may occur despite efforts to ensure accuracy. If Cubed3 discovers an error in the price of any goods that you have ordered, then Cubed3 will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If Cubed3 is unable to contact you, then Cubed3 will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a full refund.

Delivery costs are in addition to product prices.  We offer free shipping on valid orders of $75 or more before taxes and promotions.  We ship via USPS Priority Mail, which may take 4-7 business days, depending on location and product mix.  No international shipping is available at this time. 

(c) Payment

On receipt of your order Cubed3 will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.

(d) Returns and Refunds

All products are sold with a thirty (30) day refund policy. If you are not satisfied with your purchase for any reason within thirty days after your purchase, then Cubed3 give you a full refund of your purchase price. You will be responsible for return shipping costs.  Product must be returned to receive a refund.  Once product is received a refund will be issue.

To return product to us, simply send an email to refunds@cubed3.us or fill out our contact form.

(e) User Comments, Feedback, Content and Other Submissions

If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You acknowledge, consent and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Cubed3, are entirely responsible for all Content that you upload, post, email, transmit, transfer, store or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Cubed3, are similarly responsible for all Content they upload, post, email, transmit, transfer, store or otherwise make available through the Service (“User Content”). You grant Cubed3 and its service providers an irrevocable, perpetual, worldwide, royalty-free, fully-paid-up, non-exclusive, sub-licensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) for any lawful purpose. Additionally, you irrevocably waive, and cause to be waived, against Cubed3, its service providers, and its users any claims and assertions of moral rights or attribution with respect to Your Content.

To the extent you have made Your Content accessible to others through the Service, you acknowledge and agree that we may continue to make Your Content, and associated Content, accessible to others through the Service even after you have deleted your user account.

We may, but have no obligation to, monitor, edit or remove Content within the Service that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

To the extent that you submit any Content or Comments, you represent and warrant that Your Content or Comments do not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content or Comments do not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of Your Content or Comments. You are solely responsible for Your Content and Comments you make and their accuracy. We take no responsibility and assume no liability for Your Content or Comments, or any Content posted by any third party.

Intellectual Property Infringement

CUBED3 respects the intellectual property rights of others, and we ask you to do the same.  CUBED3 may, in appropriate circumstances and at our discretion, terminate service and/or access to this Website for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide CUBED3’s designated agent the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit CUBED3 to locate the material.
  4. Information reasonably sufficient to permit CUBED3 to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  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 and/or trademark owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CUBED3’s agent for notice of claims of copyright or trademark infringement on this Website can be reached as follows:

legal@cubed3.us

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to CUBED3 designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CUBED3 may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

CUBED3 reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of Warranties; Limitation of Liability

The information on the Site is provided “As Is”.  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 that may be obtained from the use of the Service will be accurate or reliable, nor do we warrant any results or effects will occur in any particular way.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK AND CUBED3 HAS NOT INDUCED OR COMPELLED YOU TO USE THE SERVICE. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. CUBED3 DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

IN NO CASE SHALL CUBED3, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE, MATERIALS OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE, MATERIALS OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL CUBED3’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY CUBED3 FOR USE OF, OR IN CONNECTION WITH, THE WEBSITE.

Proprietary Rights

CUBED3 is a trademark of CUBED3 in the United States.  Other trademarks, names and logos on this Website are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CUBED3, Copyright © 2020 CUBED3.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Disclaimer

Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Cubed3.

Indemnity

You agree to indemnify, defend, protect and hold harmless Cubed3, its shareholders, directors, officers, employees, consultants, agents, licensors, business partners, and affiliates, from any and all third party claims, penalties, suits, action, investigation, administrative action, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or the use of this Website by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party, or your breach of the Terms of Service.

Variation

Cubed3 reserves the right in its absolute discretion to amend, remove or vary the Services and/or any page of this Website at any time and without notice.

Dispute Resolution and Arbitration; Class Action Waiver.

Please read the following (this “Provision”) carefully.  It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@cubed3.us.  This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and CUBED3.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully.  It provides that all Disputes between you and CUBED3 shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “CUBED3” means CUBED3 and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and CUBED3 regarding, arising out of or relating to any aspect of your relationship with CUBED3, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as CUBED3’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give CUBED3 an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to CUBED3, support@cubed3.us
. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.  If CUBED3 does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or CUBED3 may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to CUBED3, support@cubed3.us
.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with CUBED3 through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with CUBED3.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or CUBED3 may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or CUBED3 may initiate arbitration in either San Francisco or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – CUBED3 will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with CUBED3 as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and CUBED3 specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into these Terms you and CUBED3 are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and CUBED3 might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with CUBED3 or its affiliates.  Notwithstanding any provision in these Terms to the contrary, we agree that if CUBED3 makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require CUBED3 to adhere to the present language in this Provision if a dispute between us arises.

General

CUBED3 prefers to advise you if we feel you are not complying with these Terms of Service and to recommend any necessary corrective action.  However, certain violations of these Terms of Service , as determined by CUBED3, may result in immediate termination of your access to this Site without prior notice to you.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms of Service .  Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.  Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in San Francisco County in the State of California.  If any of these Terms of Service is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  CUBED3’s failure to enforce any of these Terms of Service is not a waiver of such term.  These Terms of Service are the entire agreement between you and CUBED3 and supersede all prior or contemporaneous negotiations, discussions or agreements between you and CUBED3 about this Website.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Service.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by CUBED3. If you have purchased anything from the Website or through the Service, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for this Website (please consult your individual purchase confirmation e-mail for the charges you incurred).  If you have a question or complaint regarding the Website or Service, please contact Customer Service at support@cubed3.us.  You may also contact us by writing us at the following contact information:

CUBED3

support@cubed3.us
2269 Chestnut Street #182
San Francisco, CA 94123. 

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Privacy Policy

This Privacy Policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

 

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize your experience and to allow us to deliver accurate and customer desired content and product offerings.
  • To improve our website.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To process your transactions.
  • To ask for ratings and reviews of services or products
  • To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

 We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

 

We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.

 

“Do Not Sell” Requests & Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information to third parties without your consent. Unless Cubed3 receives a communication, you agree that we may transfer your PII to third parties, so that they can send you content about goods or services they offer which may be of interest to you. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. If you would like us to stop sharing your personal data with third parties, please contact us at support@cubed3.us to process opt-out requests.

Third-party links

We do not include or offer third-party products or services on our website.

 

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

 

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • On our Privacy Policy Page

You can change your personal information:

  • By logging in to your account

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we do not allow third-party behavioral tracking.

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which communicates what operators of websites and online services its obligations to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

  • Within 7 business days

We will notify the users via in-site notification

  • Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

  • Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Cubed3 Life Sciences, Inc.

2269 Chestnut Street #182

San Francisco, CA 94123-2600

support@cubed3.us

RETURNS and REFUNDS

All products are sold with a thirty (30) day refund policy. If you are not satisfied with your purchase for any reason within thirty days after your purchase, then Cubed3 give you a full refund of your purchase price. You will be responsible for return shipping costs.  Product must be returned to receive a refund.  Once product is received a refund will be issue.

To return product to us, simply send an email to refunds@cubed3.us or fill out our contact form.

FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE

These statements have not been evaluated by the Food and Drug Administration (FDA), nor have the products been approved by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease, illness or condition.