PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE OR VIEW THE SITE.
CHANGES TO AGREEMENT
Cubicle Therapy may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
CHANGES TO SITE AND SERVICES
Cubicle Therapy may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any content, services or material offered on or through out the Site, for any or no reason, and with or without notice.
NO MEDICAL ADVICE
THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CUBICLE THERAPY IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE.
INTELLECTUAL PROPERTY OWNERSHIP
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Cubicle Therapy, its licensors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Cubicle Therapy under the copyright laws of the United States and other countries. Cubicle Therapy may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. Cubicle Therapy reserves all rights not expressly granted in and to the Site and the Content.
TRADEMARKS AND LOGOS
The terms Cubicle Therapy, [Cubicle|Therapy], CubicleTherapy.com and other Cubicle Therapy trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of Cubicle Therapy or its affiliates or licensors. You may not use such marks without the prior written permission of Cubicle Therapy.
All other names, trademarks, logos, product and service marks, designs and slogans on the Site are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or product/service mark displayed on the Site without the owner's prior written permission. Unauthorized use of Cubicle Therapy and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
USE OF THE SITE
Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Cubicle Therapy's prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other websites with any page in the Site.
The Site may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, the “User Submissions”). By making a User Submission, you grant to Cubicle Therapy an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that Cubicle Therapy is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Cubicle Therapy without any monetary or other obligation to you.
You agree not to post on or transmit to the Site any User Submission or other material that:
Is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
Is an advertisement or promotion for any product or service that had not been approved in writing by Cubicle Therapy;
Is false, misleading, or constitutes an unfair or deceptive trade practice;
Promotes the use of alcohol, tobacco, or any illegal substance;
Constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
Infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
Or contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by Cubicle Therapy. Cubicle Therapy shall have no obligation to store, keep copies of or return any User Submissions. Cubicle Therapy further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements.
You will be solely responsible and liable for, and will indemnify Cubicle Therapy and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
THIRD PARTY CONTENT
Cubicle Therapy may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Cubicle Therapy. Cubicle Therapy does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
DISCLAIMERS/LIMITATION OF LIABILITY
While Cubicle Therapy uses reasonable efforts to include accurate and up to date information on the Site, Cubicle Therapy makes no warranties or representations as to its accuracy. Cubicle Therapy assumes no liability or responsibility for any errors or omissions in the Content of the Site.
THE MATERIALS ON, OR ACCESSIBLE FROM, THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUBICLE THERAPY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUBICLE THERAPY DOES NOT WARRANT THAT THE ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUBICLE THERAPY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CUBICLE THERAPY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF CUBICLE THERAPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement.
THIRD PARTY SITES
Certain links on this Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom Cubicle Therapy has no control. Cubicle Therapy accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Cubicle Therapy makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
Cubicle Therapy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on Site, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. 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 and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
E. A statement that your claim of infringement is based on a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement shall be sent to Cubicle Therapy's copyright agent, who can be contacted via our form here.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its conflicts of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between Cubicle Therapy and users of the Site relating to the subject matter contained herein. No delay or failure by Cubicle Therapy to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Cubicle Therapy. No single waiver will constitute a continuing or subsequent waiver.
You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.