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These terms and conditions of use (the “terms” or “Agreement”) govern our social media-based websites, accounts, pages and applications (or collectively, our “sites”) that belong to, or are managed by Cub Crafters, Inc. a Delaware company (“CubCrafters”, “we”, “our” and/or “us”). By accessing and/or using our sites, you are agreeing to be bound by these terms, all applicable laws and regulations, and any other applicable policies, terms and guidelines established by CubCrafters and those of any third parties that host our sites, as amended from time to time. If you do not agree with all of these terms or cannot form a legally binding contract, you are not permitted to use our sites.
While CubCrafters has official profiles on a number of social networks, this does not mean that we are endorsing their products or services. From time to time we may share content on our sites that we think is interesting. This does not mean we are agreeing or supporting a point of view or endorsing a product or service. We may occasionally mention a user, tweet, re-tweet or repost links to third-party sites. However, this does not constitute an endorsement of the individual, site, product or company.
We cannot and do not guarantee the accuracy of content posted on our sites by us or third parties. We do not, in any way, adopt, endorse, or guarantee the accuracy of content posted by others. We are not legally responsible for content posted by third parties on our sites. We do not endorse clicking on links posted by other social media users, as these links may pose risks to your computer or take you to inappropriate sites. We do not provide investment, legal, tax or other specialist advice through our sites. If you are not able to use or access our sites, or websites linked to through them, we are not responsible for any problems this causes. We may disclose your communications and activities on our sites in response to requests by any government agency.
Those that have a business relationship with CubCrafters and/or any other interests are responsible for adhering to any previous restrictions and/or obligations regarding information that may be deemed non-public. These terms in no way replace terms outlined in any other agreement executed between CubCrafters and you.
Use Limitations and Guidelines
You agree to comply with the social media guidelines outlined herein with regard to any content that you post/share on our sites, and you agree to our right to moderate and delete any content at our sole discretion. You also agree that your activities on our sites will not violate any applicable law, regulation or terms of any existing agreements you may have with CubCrafters. Our sites may only be used for personal purposes. You may not reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of our sites or access to our sites. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited. Your use of our sites is subject to the following guidelines:
CubCrafters is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
CubCrafters may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
We may collect the following information:
What we do with the information we gather
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
CubCrafters, through this web site and our social media accounts, may use certain technologies, including but not limited to browser cookies, tracking pixels, and other similar techniques to gather information about you and your interactions with these sites. By making use of and interacting with our sites, you hereby agree to and acknowledge your permission for CubCrafters and its vendors which provide services and technologies which enable to operation of the sites, including but not limited to Visual Visitor, LLC, to make use of the information gathered from and about you through your use and interaction with these sites.
Controlling Your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
Third Party and Social Media Privacy
Please note that when visiting any CubCrafters site, you are also subject to the terms and conditions of CubCrafters’ privacy notices, as well as the terms of service and privacy policies of third-party hosts, when applicable. Do not send or post personal information via our social media sites. Never disclose any financial or personal information on any CubCrafters social media site or other website. CubCrafters will never ask you for your Social Security number, account information, passwords, PINs or other personally identifiable information via social media. You acknowledge that you assume all responsibility related to the security, privacy and risks inherent in sending any content over the Internet. CubCrafters is not responsible for the privacy or security practices of the social media sites we utilize. Please review their policies.
CubCrafters has no obligation to monitor the use of our sites by users. You acknowledge and agree that CubCrafters reserves the right to, and may from time to time, monitor any and all information transmitted or received through our sites for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of our sites constitutes consent to such monitoring. Furthermore, CubCrafters reserves the right at all times to disclose any information posted on any portion of our sites as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in CubCrafters’ sole and absolute discretion are objectionable or in violation of this Agreement.
The content provided in our sites is owned or licensed by CubCrafters, unless otherwise indicated. Unless expressly noted otherwise, everything on our sites is protected by intellectual property rights held by CubCrafters or other parties that have allowed CubCrafters to use their materials. All rights not expressly granted are reserved. Permission is granted to temporarily download one copy of CubCrafters-provided content on CubCrafters’ sites for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by CubCrafters at any time. Upon completing your review of the content or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
DMCA Copyright Policy and Copyright Agent
CubCrafters may remove content that appears in its sole discretion to infringe the intellectual property rights of others. CubCrafters also has a policy of terminating the accounts of repeat infringers in appropriate circumstances. If you believe that content available on or through the sites infringes one or more of your intellectual property rights, please immediately notify CubCrafters (“Notification”) providing the information described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the sites infringes your rights, you should consider first contacting an attorney.
All Notifications should include the following:
Notifications should be sent to CubCrafters as follows:
CubCrafters Group, LLC.
1918 South 16th Avenue
Yakima, WA 98903
The materials on CubCrafters’ sites are provided “as is.” CubCrafters makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, CubCrafters does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its sites or otherwise relating to such materials or on any sites linked to these sites. CubCrafters does not guarantee that our sites will be without errors or viruses, or that any site defects will be corrected, even if CubCrafters is aware of them. The information and content provided on our sites, including without limitation text, graphics and images, are for informational purposes only, not as an offer to sell or the solicitation for the purchase of stock of CubCrafters, or any other issuer or company. CubCrafters is not responsible for any content posted by users, including posts made by employees or agents who are not authorized administrators of our sites. Content posted by others is not edited by CubCrafters and does not necessarily represent the views or positions of CubCrafters. CubCrafters is not liable for the acts or omissions of third-party service providers or hosts of the sites.
The use of our sites is entirely at your own risk, and in no event shall CubCrafters, its affiliates or its suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties, or liabilities (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or relating to our sites, your use or inability to use the content on our sites, even if CubCrafters has been notified orally or in writing of the possibility of such damage. Your sole and exclusive remedy for dissatisfaction with our sites is to stop using our sites. CubCrafters will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our sites. CubCrafters may use third party providers in providing our sites. CubCrafters is not liable for the acts or omissions of any such third-party service providers. Users must comply with any third-party provider’s terms.
You agree to indemnify, defend, and hold harmless and its employees, and agents from any and all losses, damages, liabilities, and costs of every nature (including without limitation judgments, expenses and reasonable attorneys’ fees and costs) incurred by any of them in connection with any claim, damage, or loss related to your use of our sites or any materials contained on our sites, or the breach or alleged breach by you of these terms.
Site Modification or Termination
CubCrafters may modify the features, content and functionality of its sites, or terminate entirely any of its sites, at any time without prior notice or liability to you. Modification or termination of these terms will not affect, or result in the termination or modification, of any other existing agreements you may have with CubCrafters.
Your accessing of our sites in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and CubCrafters, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our sites, that no relationship is formed between you and CubCrafters that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.
Termination of Use
CubCrafters may, in its sole discretion, terminate your use of our sites at any time. CubCrafters reserves the right to change, suspend or discontinue all or any aspects of our sites at any time without prior notice.
Jurisdiction and Miscellaneous
This Agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to the principles of conflicts of law. This Agreement is a personal agreement between you and Wilshire, and no one shall be a third-party beneficiary to this Agreement. Although you acknowledge that CubCrafters will have the ability to enforce its rights in any court of competent jurisdiction, you hereby acknowledge and agree that the courts of the State of New York in the county of New York shall have exclusive jurisdiction over any dispute relating to these terms and your use of our sites, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non conveniens. You acknowledge and agree that you may not bring a claim against CubCrafters relating to your use of our sites after more than one year has passed since the event occurred that gave rise to the claim, while there is no such limitation on CubCrafters’ right to bring claims against you. You acknowledge and agree that the disclaimers, including the warranty disclaimers, and the liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by CubCrafters to provide our sites hereunder. You waive your right to trial by jury of any or all issues arising in any action or proceeding between you, or your successors, and CubCrafters or its successors, under or connected with this Agreement or any of its provisions. 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, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.