THIS WEBSITE IS OWNED AND OPERATED BY ZADA VENTURES, LLC AND ITS AFFILIATES ("CUBBINGTON’S CABINET", "WE", “OUR” AND "US"). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES, AND WEB PAGES (COLLECTIVELY, THE "SITE"), AND YOUR PURCHASE OF ANY SERVICES AND/OR PRODUCTS FROM CUBBINGTON’S CABINET ARE PROVIDED BY CUBBINGTON’S CABINET TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS AND CONDITIONS, AND BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS YOU SHOULD NOT ACCESS OR USE THIS SITE.
These Terms and Conditions, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor ("you") and Cubbington’s Cabinet with respect to your use of the this Site. You agree that the agreement formed by these Terms and Conditions is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.
We reserve the right at any time to change: (i) these Terms and Conditions; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service or product on or available through this Site or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Site.
Any changes we make to these Terms and Conditions will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms and Conditions.
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
1. JURISDICTION
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms and Conditions, you may not enter into this agreement or use this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services/products offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
2. DISCLAIMERS
Cubbington’s Cabinet shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by Cubbington’s Cabinet are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. PRIVACY
Cubbington’s Cabinet is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policyfor further information.
4. USER ACCOUNTS
In order to access and use certain services and/or purchase products available on this Site, you may be required to open and maintain an account ("Account") with us. During the registration process, we will collect personal information that you provide. All of the information you provide to us or that we collect from you in connection with your use of the Site will be governed by these Terms and Conditions and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your Account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.
You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Account at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
Information submitted by users will be transmitted to and shared with third parties that may be located in other countries, in order to provide services and products to such users, including but not limited to transaction processing and fraud prevention.
5. USER CONTRIBUTIONS
The Site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the Site and used by Cubbington’s Cabinet in providing you services and products. You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by Cubbington’s Cabinet.
You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected harm any person or entity (such User Content, “Offensive User Content”), whether or not such material is protected by law. You agree that you will not use your Account or any Site to publish or disseminate, or allow any other person to use your Account to publish, republish, or disseminate, any Offensive User Content, nor us profanity in any posting to any Site.
You may also expose yourself to liability to Cubbington’s Cabinet or third parties if, for example, you hold an Account and User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with Cubbington’s Cabinet or any third party, or write defamatory or inflammatory comments through the Site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.
We may use your User Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably granter the users of the Site the right to access your User Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against Cubbington’s Cabinet and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.
We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to you. By submitting User Content to Cubbington’s Cabinet through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) Cubbington’s Cabinet may have something similar to the User Content already under consideration or in development; (c) We have no obligation to retain or provide you with copies of user Content, nor do we guarantee any confidentiality with respect to your User Content.
6. PERSONAL USE ONLY
This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
7. CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Cubbington’s Cabinet's computer systems or perform functions that you are not authorized to perform pursuant to these Terms and Conditions. While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.
8. COPYRIGHT INFRINGEMENT
If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may make a copyright infringement claim by utilizing the contact methods in the CONTACTING US section below.
9. AVAILABILITY
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
10. CURRENCY OF WEBSITE
Cubbington’s Cabinet updates the information on this Site periodically. However, Cubbington’s Cabinet cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Cubbington’s Cabinet may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
11. LINKED WEBSITES
This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Cubbington’s Cabinet monitors or endorses these websites or their respective practices. Cubbington’s Cabinet does not accept any responsibility for such websites. Cubbington’s Cabinet shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms and Conditions and our Privacy Policydo not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.
12. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Cubbington’s Cabinet shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. Cubbington’s Cabinet recommends that you install appropriate anti-virus or other protective software.
13. OUR MATERIALS
This Site is owned and operated by Cubbington’s Cabinet in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Cubbington’s Cabinet and its licensors. ALL RIGHTS RESERVED.
Cubbington’s Cabinet may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "Cubbington’s Cabinet Materials") available to you from this Site, from time to time. If you download or use Cubbington’s Cabinet Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Cubbington’s Cabinet 's prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Cubbington’s Cabinet does not transfer either the title or the intellectual property rights to the Cubbington’s Cabinet Materials, and retains full and complete title to the Cubbington’s Cabinet Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Cubbington’s Cabinet Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Cubbington’s Cabinet Materials into a human-perceivable form. Cubbington’s Cabinet or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by Cubbington’s Cabinet. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, including its organization and presentation and Cubbington’s Cabinet Materials, is the property of Cubbington’s Cabinet and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
14. DISCLAIMER OF WARRANTIES
THIS SITE, THE SERVICES AND THE PRODUCTS CUBBINGTON’S CABINET PROVIDES, AND THE CUBBINGTON’S CABINET MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CUBBINGTON’S CABINET DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, ANY PRODUCTS, OR THE CUBBINGTON’S CABINET MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
15. DRUG TESTING DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND ACCEPT THAT USE OF PRODUCTS SOLD BY CUBBINGTON’S CABINET MAY RESULT IN A POSITIVE DRUG TEST. ACCORDINGLY, IF YOU ARE SUBJECT TO ANY FORM OF DRUG TESTING OR SCREENING, WE RECOMMEND THAT YOU DO NOT USE OUR PRODUCTS. CUBBINGTON’S CABINET MAKES NO REPRESENTATION OR WARRANTY THAT YOU WILL PASS A DRUG TEST WHILE USING PRODUCTS SOLD BY CUBBINGTON’S CABINET. CUBBINGTON’S CABINET HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO YOU EXPERIENCING A POSTIVIE DRUG TEST BY VIRTUE OF YOUR USE OF PRODUCTS SOLD BY CUBBINGTON’S CABINET AND CUBBINGTON’S CABINET SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, COSTS, EXPENSES, OR CLAIMS ARISING OUT OF OR RELATING TO A POSITIVE DRUG TEST.
16. HEMP PRODUCTS DISCLAIMER OF WARRANTIES
BECAUSE OF CONSTANTLY EVOLVING LAWS, ITS IS YOUR SOLE RESPONSIBILITY TO CONFIRM THAT HEMP PRODUCTS ARE LEGAL IN YOUR LOCALITY, STATE, COUNTY, OR TERRITORY. CUBBINGTON’S CABINET MAKES NO EXPRESS OR IMPLED WARRANTIES OR REPRESENTATIONS THAT ITS PRODUCTS ARE IN COMPLIANCE WITH THE LAWS OR REGULATIONS OF YOUR JURISDICTION.
17. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SERVICES AND THE PRODUCTS THAT CUBBINGTON’S CABINET PROVIDES, AND THE CUBBINGTON’S CABINET MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL CUBBINGTON’S CABINET OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CUBBINGTON’S CABINET MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE DURING THE PREVIOUS 12 MONTHS FROM THE DATE OF THE EVENTS GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. INDEMNIFICATION
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms and Conditions for which you are responsible; (2) your use of this Site; or (3) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party. Cubbington’s Cabinet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Cubbington’s Cabinet. This indemnification section will survive any termination or expiration of these Terms and Conditions.
18. CONTACTING US
If you need to contact us regarding this Site or these Terms and Conditions, please contact us at the contact methods below:
Cubbington’s Cabinet
2015 W. Roscoe St.
Chicago, IL 60618
contact@cubbingtons.com
773-697-7050 (Monday – Friday 9am-5pm CT)
19. MISCELLANEOUS
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the city of Chicago, Illinois, United States of America, in any matter arising from or related to these Terms and Conditions and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any arbitration under these Terms and Conditions will take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a privacy attorney general action against the other. Unless both you and Cubbington’s Cabinet agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms and Conditions are not assignable, transferable or sub-licensable by you except with Cubbington’s Cabinet’s prior written consent. These Terms and Conditions provide only for the use of this Site. These Terms and Conditions shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
LAST UPDATE: AUGUST 28TH, 2020