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Terms Of Service


PLEASE READ THESE LAWYERLY TERMS OF USE CAREFULLY BEFORE USING THE SITE This website is operated by Cubicles Inc. Throughout the site, the terms “we”, “us” and “our” refer to cubicles, Inc. a/k/a cubicles.com.
 
Cubicles offers this website (hereinafter referred to as The Site or The Website), including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
 
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content or reviews. Please read these Terms of Service carefully before accessing or using The Website.
 
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access The Website or use any of our services.

TERMS AND CONDITIONS OF USE

USERS: We reserve the right to refuse service to anyone for any reason at any time. We do not discriminate based on age, race, national origin, gender, sexual orientation or religion. No person under the age of 13 (thirteen) should use The Website without the consent of their parents or legal guardians. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of The Website by any user shall be deemed to be a representation that the user is 13 years of age or older.
 
PERSONAL INFORMATION: Our Privacy Policy governs your submission of personal information through The Website. Please view our Privacy Policy.
 
COOKIES: "Cookies" are small-encrypted data files (containing references to user ID information, which is supplied by the user and stored on our secure servers) that may write to your hard drive once you have accessed a Website. Cubicles uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password so you do not have to re-enter it each time you visit The Website.
 
COPYRIGHT, TRADEMARKS AND RESTRICTIONS: The material included herein, including site text, graphics, design and the selection and arrangement thereof are copyrighted by Cubicles Inc. ALL RIGHTS RESERVED. Cubicles.com®, Cubicles’ logo, other trademarks, all page headers, custom icons and custom graphics are trademarks and service marks of Cubicles. All other trademarks, company names and product names or logos cited herein are property of their respective owners. The Website and all materials on The Site, including, but not limited to illustrations, posts, images, video clips and audio clips (hereinafter referred to as the "Materials") are the property of Cubicles Inc. and its affiliates and/or licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Cubicles Inc. and by trademark law, copyright law, international conventions and other intellectual property laws. You may not perform, reproduce, create derivative works from, post, transmit, republish, upload or distribute in any way whatsoever any Materials from The Website (or any other Website owned or operated by Cubicles or its affiliates, or subsidiaries) without Cubicles' prior written permission. However, you may print in hard copy portions of The Website with the sole intent of placing an order with Cubicles or applying for credit. Printing Materials for any other reason or transferring Materials for use on any other Web site, or the distribution, republication or modification of Materials without Cubicles' prior written permission, is strictly prohibited. You may share links from The Website to Social networks, but you are not allowed to change or modify the content of the links in any way. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Cubicles or third parties.
 
CONTENT/USER GENERATED CONTENT: The Website permits the submission of content such as comments, product reviews or blogs generated by you and other users (hereinafter referred to as "User Content").You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, ideas or information that you submit to, or publish, or post on The Site is non-proprietary and non-confidential. By submitting User Content, you represent and warrant to Cubicles that: Your User Content does not violate any copyright, trademark, patent, trade secret or other intellectual property right, any right of publicity or privacy of any third party or any applicable law, rule or regulation; You own or have the legal right to use and authorize Cubicles to use your User Content, including written consent to use any product or the name, likeness, voice, or any other applicable personal rights of each identifiable person featured or referenced in your User Content.By submitting User Content to Cubicles, you hereby grant to Cubicles a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable (through multiple tiers) and transferable right and license to use, edit, modify, reformat, reproduce, distribute, translate, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Cubicles (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.You also hereby grant each user of The Website a non-exclusive license to access your User Content through The Website and to use, watch, access, reproduce, forward, display distribute, transmit and perform such User Content in whole or in part, to the extent permitted by the Site under these Terms of Use.Cubicles does not endorse any User Content or any opinion, advice or recommendation expressed therein. Cubicles reserves the right, but is not obligated, to monitor User Content or other content sent to or through the Site. Cubicles has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Site if Cubicles determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. Cubicles takes no responsibility for and expressly disclaims any and all liability in connection with User Content.
 
LINKS AND THIRD PARTY SITES: Certain content, services and products available via The Website may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for evaluating or examining the content for accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other products, materials or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, resources, services, content, or any other transactions made in connection with any third-party websites. Complaints, concerns, claims or questions regarding third-party products should be directed to the third party.
 
PRODUCT AND SERVICE INFORMATION: Most products (and some services) offered on The Website are available in selected stores throughout the United States. However, prices and availability may vary. Product availability and some prices offered on The Website may vary based on your location. Prices shown on The Website apply to services and products on The Site. Price and availability are subject to change without notice. In order to comply with federal anti-money laundering regulations, we are unable to process gift card orders of more than $2,000.00 in any single transaction. We attempt to display all products shown on the Site in an accurate manner. However, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in shape, size and color of the products. The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
 
NOTICE AND TAKE DOWN PROCEDURE: If you believe any Materials on The Website infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and takedown procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Cubicles and provide the following information: - A clear statement identifying the works or other Materials believed to be infringed. - A statement from the copyright holder or authorized representative that the Materials are believed to be infringing. - Sufficient information about the location of the allegedly infringing Materials so that Cubicles can find and verify its existence. - Your name, telephone number and email address.- A signature or the electronic equivalent from the copyright holder or authorized representative.
 
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
 
CHANGE OF POLICY: We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to The Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 

DISCLAIMER/LIMITATIONS OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, secure, timely or error-free. You agree that we may remove the service for indefinite periods or cancel the service at any time, without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. In no case shall Cubicles, our directors, officers, agents, contractors, employees, affiliates, interns, service providers, suppliers or licensors be liable for any injury, claim, loss or any direct, indirect, incidental, special, punitive or consequential damages of any kind.
 
This including, without limitation lost profits, lost savings, lost revenue , 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 or for any other claim related in any way to your use of the service, 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 or any content transmitted, posted 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.
 

PRICES

Prices are subject to change without notice. Cubicles is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Cubicles shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cubicles shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cubicles shall promptly issue a credit to your credit card account in the amount of the charge.

 

SURCHARGES, SHIPPING & DELIVERY

If applicable, separate charges including but not limited to shipping, handling, and taxes will be shown on Cubicles’ invoice(s). You are responsible for all applicable charges associated with the order. We ship only to the continental United States, unless otherwise arranged and agreed upon. We reserve the right to refuse any orders. Most shipments are sent by FedEx or UPS and/or comparable small package carrier or by Common Carrier delivered to your home or office.
 
Oversize shipments of less than 8 cartons usually require the use of a Common Carrier (16’ or 24’) box truck, and are typically curbside delivery only. You will be responsible for making sure a box truck has access to your delivery address, and for moving the product inside (the driver may help but is not required to do so).
 
Very large orders, either in size, weight, or quantity, will be palletized and ship on a large freight truck. These items are “Dock Delivered”. Dock Deliveries require either a forklift or a loading dock that can receive pallets, and available personnel to unload the items (the driver may help but is not required to do so).
 
These Dock Deliveries are not scheduled, and may arrive any time during normal business hours. If your dock is unavailable or unattended at the time of delivery, you may be subject to a re-delivery fee. A call ahead service is not included or guaranteed, but may be requested. When this delivery method is not possible, we also sell “Inside Delivery” and/or “Fully Assembled” services, both of which are scheduled at least one day in advance, usually with a 4-hour window for arrival time. These services may add 5-10 business days to the delivery date.
 
Cubicles will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, transportation failures, labor strikes or acts of God. Please take a moment to inspect the condition of your shipment. Should any carton have visible damage, please inspect to see if the product inside is damaged. Only if the product inside is damaged, refuse to take delivery from the driver for the damaged item(s) and make a notation on the shipping document of the item(s) refused. If you do not see any damage to the carton, carefully open your new item. Please take care to keep this box in good condition, as sometimes-concealed damage can occur and you may need to return your item for a replacement.
 

ORDER ACCEPTANCE POLICY

Your receipt of an order confirmation (electronic or otherwise) is merely a confirmation that you have submitted an order request to us, and does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Cubicles reserves the right at any time after receipt of your order to accept or decline your order for any reason.
 

WARRANTY LIMITATIONS

NEW PRODUCTS are guaranteed to be free from defects in material and workmanship. Any defective item(s) will be repaired or replaced at our cost, including transportation to the original ship to location with the qualifications as listed below. Minimum 1 Year up to Limited Lifetime Warranties will vary based on product brand; see your product details for specifics.
 
REMANUFACTURED PRODUCTS are backed by a 10 Year Warranty applicable to the original purchaser. (1 Year coverage on high contact and moving parts). Any product, part, or component must be installed and maintained in accordance with the guidelines published by original equipment manufacturer (OEM) in order to be eligible for coverage under this warranty.
 
USED / AS-IS PRODUCTS are covered by a 30-Day Warranty against substantial material defects, and guaranteed to include all necessary components, parts and pieces. Minor material defects carry no warranty, as the buyer understands that "AS IS" product can be scratched, lightly soiled, dusty or otherwise have the appearance of not being brand new. Keys are generally not included with used furniture or cubicles that come with locking storage, but can be purchased separately (new).
 
Cubicles Inc. shall have no liability under this warranty with respect to any product which has been subject to abuse, misuse, negligence, alteration or repair by anyone other than Cubicles Inc. Product must be used in combination with compatible parts, components whether they be from the OEM or Cubicles Inc. Cost of labor to replace the defective item(s) is the sole responsibility of Cubicles Inc. The warranty period starts from the date of purchase.
 
Cubicles Inc. liability shall be limited solely to repair and/or replacement of products sold, should product in total or any component thereof be deemed defective. Of course Cubicles Inc. cannot be liable for any incidental or consequential damages including, but not limited to, labor costs or loss of profits arising in connection with the use or inability to use the product.
 

PAYMENT TERMS/SECURE PAYMENT INFORMATION

Terms of payment are within Cubicles’ sole discretion, and unless otherwise agreed to by Cubicles, payment must be received by Cubicles prior to Cubicles' acceptance of an order. Payment for the products will be made by wire transfer, credit card, or some other prearranged payment method unless credit terms have been agreed to by Cubicles. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Cubicles may invoice parts of an order separately. Orders are not binding upon Cubicles until accepted by Cubicles. Any quotations given by Cubicles will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
 

AMENDMENTS/APPLICABLE LAW/LEGAL DISPUTES

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of The Website, and your purchase of products and/or services through our website. Any infraction of the Terms and Conditions shall be governed by the laws of the State of New York and the laws of the USA, without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and Cubicles each agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of Cubicles to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Terms and Conditions must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. If you do not agree to be bound by the above terms of use, you should immediately discontinue your use of this site.
 

TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at onlinesales@cubicles.com

 

 

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