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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 or simply, Cubicles. Cubicles, Inc. offers this website (hereafter 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. Most importantly, our Payment Terms, our Return Policy and our Self Assembly Agreement.

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.

 

CONDITIONS OF WEBSITE 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 includes, 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.

 

ORDER SUBMISSION & ACCEPTANCE

By signing project documents (or by completing a purchase via our website) you acknowledge that the documents represent correct space dimensioning and product specifications, and you approve proceeding with the order as described.

You confirm that you’ve reviewed and accept all products, colors, materials, sizes, prices, descriptions, services, space plan drawings and renderings, lead times, shipping details, fees and terms as stated in your signed project documents (or online cart summary). Lead times will vary based on the products and services selected; refer to your quote and confirm with your project manager for details.

You waive your right to dispute the colors and/or finishes of delivered products if you have not requested, received and approved physical color swatch samples.  Don’t rely on computer monitors or printed materials to reflect accurate colors.  Please keep in mind and make accommodations for color variations when viewed in your space, with your lighting.

By signing project documents (or completing a purchase via our website), you attest that you are an authorized agent of the company with the authority to bind it to all terms and conditions stated or implied; you will be held personally responsible for abiding by these terms. Your submission of an order signifies your agreement to our Terms of Service, Payment Terms, and Return Policy.

CONFIRMATIONS: Our written or verbal confirmation of receipt of your signed documents does not indicate that your order is in process. Order processing begins after receipt of payment in accordance with our payment terms. We reserve the right to accept or decline an order for any reason.

CHANGES & CANCELLATIONS: Once you’ve submitted payment, orders cannot be changed or cancelled without written consent. Custom or Made-to-Order items enter production within 2 business days of payment, cannot be easily changed, and cannot be cancelled under any circumstances. Deposit payments are non-refundable once production has begun. Standard or stocked items are subject to a minimum 35% restocking fee and cannot be cancelled if the product has already shipped. Any approved changes may incur a minimum $100 change order fee.

PRICE CHANGES, ERRORS & OMISSIONS: All prices, product descriptions, estimates, quotations, acknowledgments and invoices are subject to corrections. We’re not obligated to honor typographical errors. If a product or service is listed with incorrect information, we reserve the right to cancel the order. If your payment has already been received and we determine we need to cancel, we’ll promptly issue a refund or credit to your account.

OTHER CHARGES: If applicable, other charges including but not limited to: overland freight, local delivery, installation and ancillary services, governmental induced tariffs, fuel related surcharges, and your state’s sales tax will be applied to your order and clearly listed as part of the grand total. You’re responsible for all applicable charges associated with your order.

PROJECT DELAYS & STORAGE FEES: We understand that in any project, changes and setbacks can happen. We’re here to work with you in any way that we can. As soon as possible, let your project manager know of any changes to your original timeline. If the products have already entered final production or shipped to our assembly crew’s warehouse, we’ll offer free storage for up to 30 days past the original estimated delivery date. If your project is delayed by more than 30 days, you’ll incur storage fees at a minimum rate of 10% your total order cost, which will be due on the first of each month until you’re ready for delivery. If your project is delayed by more than 30 days, any balance owing on goods or services already rendered will immediately become due and payable. Any remaining charges for goods or services not yet incurred will be billed when the project resumes.

RETURNS & CREDITS: All products are subject to our Return Policy.

GSA ORDERS: Purchase orders and payments may require submission to different GSA specific entities.

OVERSEAS ORDERS: We ship to any dock within the contiguous United States; client is responsible for further transit and installation.

 

ORDER SHIPMENT & DELIVERY

We ship to physical street addresses in the contiguous United States. Shipments to US territories or any location requiring ocean freight are by special arrangement only. Furniture or other large related items cannot ship to post office boxes. Shipping methods vary depending on the nature and size of the items and are stated clearly on your order. It’s your responsibility to ensure that you can receive the type of shipment and delivery noted.

Please check with your building manager about any special rules or paperwork required to accept large deliveries and/or allow assembly services to be performed in your space. If you provide incomplete or inaccurate information regarding your shipping, delivery, or assembly requirements, you may be subject to additional charges and delays to successfully complete your order. 

If you’re self-managing the receipt and installation of products, please note the following:

FREIGHT TO DOCK DELIVERIES: If you’re receiving a large freight order directly by truck with no additional services, it will require specialized equipment (loading dock, ramps, forklift, pallet jack, etc.) and appropriate personnel to unload heavy palletized or crated items.  Truck drivers do not assist with unloading. Most freight 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’ll be subject to a re-delivery fee. A date specific and approximate time window call-ahead service is not included or guaranteed but may be requested.

INSPECTION: If you’re receiving your order directly without the benefit of our service crew’s equipment and skills, please inspect the condition of your shipment the day it arrives. If part of the order appears to be missing, note “INCOMPLETE SHIPMENT” on the delivery receipt and contact us. If there’s visible damage to any box, note “DAMAGED BOX” on the delivery receipt.  Inspect to see if the product inside is damaged.  If so, TAKE PHOTOS and contact us immediately so we can process a replacement quickly.

If everything looks fine, carefully open your new item(s) and begin assembly and set-up. Save all packaging materials until you’ve confirmed nothing is missing, damaged, defective, or unsatisfactory. Damages or incomplete shipments must be reported to us within 3 days of receipt of delivery or may be considered invalid. After 5 days, damage claims will not be honored by our factories and you may be charged for replacement parts including freight.  We cannot be responsible for damages resulting from improper handling or opening of product packaging.

REFUSAL: Do not refuse deliveries without contacting us first, or you may be subject to a minimum delivery refusal fee of $149.

DELAYS & MISHAPS: We strive to get everything delivered on time and in excellent condition. However we cannot be held responsible for arrival delays due to events beyond our control, including but not limited to: inaccurate or insufficient delivery details provided by the client, unforeseen manufacturing delays related to raw material shortages, backorders, equipment failures, transportation failures, severe weather, labor strikes, or acts of God/Force Majeure.

 

LABOR SERVICES

INSIDE DELIVERY SERVICES: If you’re handling assembly on your own, please do not opt for a freight shipment to save money if you have no loading dock available to receive a freight shipment; this will only cause you delays, hassle, and extra fees on an order you cannot cancel. Make sure your order includes our Inside Delivery Service and our local delivery crew will receive and inspect the shipment for you, call to schedule an appointment to deliver the items in your room of choice, and dispose of the pallets for you.

INSTALLATION (ASSEMBLY) SERVICES: These typically include a prescheduled appointment for delivery, assembly, and trash removal, plus a return visit for any needed “fixes”. If your order involves integrated electrical/data cabling, you must provide your own electrician and IT service provider or contact us for these additional services. If you require additional labor not in the original scope of work, we can provide it at a minimum rate starting at $100 per man hour (higher for overtime or union labor).

If we’re not providing installation you’ll need to decline our assembly services, sign a Self-Installation Agreement, and understand we can’t be responsible for damages once a delivery is accepted, or for the cost of any additional trips required by your labor crew.  

ADDITIONAL LABOR SERVICES: We provide many facility management services, including but not limited to: furniture disassembly, moving, storage, liquidation, inventory/asset management, carpet installation, painting, refinishing, acoustic management, IT or electrical services, and freight forwarding. All services are subject to man-hour rates on a case by case basis and will be noted on your custom order. If a service is not on your order but you’d like to request one, contact your project manager for details.

RETURNS & CREDITS: Monetary credits or refunds cannot be granted for any labor services performed as agreed and executed with best intentions.

 

SPACE PLANNING & DESIGN SERVICES

We provide free office space planning services for projects over $10,500. This includes furniture product only (non-architectural), and up to 3 revisions after which any further changes will be invoiced starting at $100/hour. Architectural layouts can also be included starting at $150/hour (walls, doors, etc.).

You’re responsible for verifying any architectural layout suggestions with your building manager or contractor to ensure compliance with building codes, local laws and any other regulations including those for electrical, HVAC, plumbing, and structural requirements.

If you provide us with your own measurements or those from your architect or building manager, please make sure they’re exact. We cannot be responsible for issues resulting from inaccuracies. If you’re unsure, we can send a representative to verify dimensions before any orders are placed. These billable services are non-refundable.

 

WARRANTY AND LIMITATIONS

We Stand Behind Where You Sit® to ensure your complete satisfaction and exceed your expectations. If for any reason there’s an issue related to an error, omission, or failure (ours or yours) we will jump through hoops and bend over backwards to make it right.

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. Minimum 1 Year up to Limited Lifetime Warranties (excluding normal wear & tear) will vary based on product brand; see your product details for specifics.

REMANUFACTURED PRODUCTS: Are guaranteed to be free from defects in material and workmanship and are backed by a 10 Year Warranty applicable to the original purchaser (1 year coverage on high contact and moving parts). All products, parts, and components must be installed and maintained in accordance with the guidelines published by the 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 are guaranteed to include all necessary components, parts, and pieces. Minor material defects carry no warranty, and you understand that USED product is purchased AS-IS and can be scratched, lightly soiled, dusty or otherwise have the appearance of not being brand new. Keys are generally not included with used cubicles or furniture with locking storage but can be purchased separately (new).

LIABILITY: The warranty period starts from the date of purchase. Our liability shall be limited solely to the repair and/or replacement of the products sold (including parts and labor), should any aspect of a product be deemed defective. We shall have no liability for any product that has been subject to abuse, misuse, negligence, alteration, or repair by anyone other than us. Product must be used in combination with compatible components either from the OEM or from us. We’re not 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 our products.

 

APPLICABLE LAW AND LEGAL DISPUTES

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding use of our products and services. Any infractions or legal claims to our Terms of Service shall be governed by the laws of the State of NY and Federal Law, disregarding any conflict of law provisions of your state of incorporation or organization, and/or the state where our products/services were supplied.

If a dispute arises and adjudication by a court of law is necessary, litigation shall be addressed in courts located within our state of domicile (or in your state at our discretion).  You agree to arbitration if we choose to be heard by an arbitrator. If any provision of our Terms of Service is found by a court to be invalid, parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of the Terms of Service remain in full force and effect. Any failure on our part to exercise or enforce any right or provision of our Terms of Service shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action related to the use of our Terms of Service must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. No terms of this agreement may be changed except by written consent of cubicles.com.

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 hello@cubicles.com

 

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