Cubitt Health App Terms & Conditions
TERMS OF USE
Last updated: 07/16/2018
Welcome to https://cubittofficial.com/. Kenex Trading SA, its subsidiaries and/or affiliates ("Kenex Trading SA", "we", "us" or "our") provide website features and other products and services to you when you visit at https://cubittofficial.com/, use Cubitt health products or services, use Cubitt health applications for mobile, or use software provided by Cubitt health in connection with any of the foregoing (collectively, "Services"). Cubitt health provides the Services subject to the following terms.
By using the Services, you agree to these terms. Please read them carefully.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CAN'T USE OR ACCESS THE SERVICES IN ANY MANNER. YOUR USE OF THE SERVICES IN ANY WAY MEANS THAT YOU AGREE TO ALL TERMS, AND TERMS WILL REMAIN IN EFFECT WHILE YOU USE THE SERVICES.
INTELLECTUAL PROPERTY
All content displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services, text, graphics, articles, photos, images, illustrations, User Submissions, and so forth is the property of Cubitt health and protected by U.S. and international copyright laws, and other intellectual property laws. You understand that Cubitt health owns the Services.
LIMITED LICENSES
Subject to your compliance with these Terms, Cubitt health grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written approval of Cubitt health.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.
The licenses granted by Cubitt health terminate if you do not comply with these Terms.
SERVICE DESCRIPTIONS AND UPDATES
Cubitt health attempts to be as accurate as possible. However we do not warrant that descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered by Cubitt health itself is not as described, your sole remedy is to return it in unused condition.
Service may change over time, as we improve them. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice. You understand that Cubitt health owns the Services. You will not attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
YOUR ACCOUNT
In order to use the Services, you may need to sign up for an account, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Cubitt health does provide Services for children. If you are under 18, you may use the Services only with involvement of a parent or guardian. Cubitt health reserves the right to refuse service, terminate accounts, terminate your rights to use Cubitt health Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, AND OTHER CONTENT
You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cubitt health reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Cubitt health a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cubitt health and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cubitt health for all claims resulting from content you supply. Cubitt health has the right but not the obligation to monitor and edit or remove any activity or content. Cubitt health takes no responsibility and assumes no liability for any content posted by you or any third party.
FEES
We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new changes upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Use of the Services by you following such notification constitutes your acceptance of any or new changed charges.
RESTRICTIONS
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in any manners that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions:
You may not use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else;
Violates any law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your account or anyone else’s;
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
Copies or stores any significant portion of the Content (as defined below);
Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
THIRD-PARTY SERVICES
You accept that Cubitt health is not responsible for the risks you take associated with links or connections to third-party applications or services. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. In addition, a link to third-party Website does not imply that Cubitt health endorses the site or the products or services referenced therein.
CHANGES TO TERMS
These Terms may change at any time during our Services. In the event that we need to change it, we may place a notice on the Site and may also send you an email. If you do not agree with any new Terms, you may reject them. However, you cannot use the Services thereafter. Your continued use of the Service after a change of Terms means you agree to all of the changes.
Changes, amendments, or modifications made to the Terms are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.
TERMINATION
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your Content in the event that you stop using the Services. Account termination may result in destruction of any Personal Submissions and/or Device Submissions associated with your account; however, you understand and agree that we may retain copies of such Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Cubitt health.
If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY Cubitt health ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Cubitt health MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Cubitt health DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cubitt health DOES NOT WARRANT THAT THESERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM Cubitt health ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Cubitt health WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
ELECTRONIC COMMUNICATIONS
When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ASSIGNMENT
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Cubitt health’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
DISPUTES AND APPLICABLE LAW
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute or claim relating in any way to your use of any Services, or to any products or services sold or distributed by Cubitt health will be resolved by binding arbitration, rather than in court. Any dispute or claim shall be finally settled in California, in English, employing a commercial arbitrator of our choosing.
Judgment upon the award rendered by such an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction and venue in the state or federal courts located in, respectively, Orange County, California, or the Central District of California.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
PLEASE REVIEW OUR OTHER POLICIES, SUCH AS OUR PRICING POLICY, POSTED ON THIS SITE. THESE POLICIES ALSO GOVERN YOUR USE OF Cubitt health SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, SERVICE TERMS, AND THESE TERMS OF USE AT ANY TIME. IF ANY OF THESE TERMS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.
OUR ADDRESS
Ave Samuel Lewis, Obarrio Panama.