Terms of Service


Last Updated: March 2nd, 2016

These terms of use (this “Agreement”) apply to your access and use of our website located at http://www.cuebiq.com/ and all of our other websites to which this Agreement is posted (collectively, the “Cuebiq Site”) and any services or features made available by us through the Cuebiq Site (together with the Cuebiq Site, the “Services”). In this Agreement, “Cuebiq,” “we,” “us,” and “our” mean Cuebiq Inc., and “you,” “your,” and “yourself” mean any user of the Services. By accessing or using the Services, you agree to this Agreement.

We may update or revise this Agreement from time to time in our sole discretion, subject to applicable law. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services. Except as otherwise expressly stated by us, your use of the Services is subject to the version of this Agreement in effect at the time of use.

1. Use of the Services and Cuebiq Content

We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, “Cuebiq Content”) solely for your personal use for the purposes described therein and in this Agreement. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Cuebiq Content. We may modify the Services and Cuebiq Content from time to time in our sole discretion and without liability to you and reserve the right, in our sole discretion, to remove certain of the Services or Cuebiq Content and deny or limit access to the Services.

The Services and Cuebiq Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all its rights and remedies under applicable law. Except as expressly provided by this Agreement or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services or any Cuebiq Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Cuebiq Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Cuebiq Content to a third party; (e) use any portion of the Services or Cuebiq Content to provide, or incorporate any portion of the Services or Cuebiq Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services; (g) modify the Services or Cuebiq Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Cuebiq Content; or (i) use the Services or Cuebiq Content for any illegal purpose. We may, but are not obligated to, monitor your use of the Services and Cuebiq Content.

We do not grant you any licenses, express or implied, to the intellectual property of Cuebiq or our licensors, except as expressly stated in this Agreement. We and our third-party licensors retain all right, title, and interest in and to the Services, any Cuebiq Content, and any associated patents, trademarks, copyrights, mask works, trade secrets, and other intellectual property.

2.    Privacy Policy

Our Privacy Policy http://www.cuebiq.com/privacypolicy applies to your use of the Services, and its terms are made a part of this Agreement by this reference. Please review our Privacy Policy for details on how we collect and use information in connection with the Services.

3.     Third-party Links

The Services may contain links to websites and applications operated by parties other than Cuebiq. We provide such links for your reference only. We do not control such third-party websites and applications and are not responsible for their availability or content. Our inclusion of such links does not imply Cuebiq’s endorsement of the material on such third-party websites and applications or any association with their operators. We assume no liability whatsoever for such third-party websites and applications or any content, features, products, or services made available through such third-party websites and applications.

4.    Compliance with Applicable Law

We make no representations that the Services are appropriate or available for use in all locations. If you access the Cuebiq Site, you do so at your own risk, and you are responsible for complying with all applicable laws, rules, and regulations.  We may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.  

5.    Indemnification

You agree to indemnify, hold harmless, and (at our request) defend Cuebiq, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims and demands (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services, your breach or alleged breach of this Agreement, or your violation of any rights of another.

6.    Disclaimers and Limitation of Liability

The services, all Cuebiq content, and any other information, products, and materials contained in or accessed through the services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind.  All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. Cuebiq does not warrant that your use of the services will be uninterrupted or error-free, that Cuebiq will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Cuebiq will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Cuebiq’s reasonable control.

To the maximum extent permitted by applicable law, in no event will Cuebiq be liable to you or any third party for any damages or injury of any kind or under any legal theory, including, but not limited to, direct, indirect, consequential, exemplary, incidental, special, or punitive damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are in any way connected with this agreement, any use of the services or Cuebiq content, or any failure or delay relating to the services. Some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances, so the above limitations and exclusions may not apply to you.

7.    Term and Termination

This Agreement is effective as of the date of you first access or use the Services and will remain in effect for the duration of your access or use, unless earlier terminated as provided herein. We may terminate or suspend your ability to use any or all of the Services and may terminate this Agreement effective immediately, without notice or explanation to you. Without limiting the foregoing, we may suspend your access to the Services if we believe you have breached any term of this Agreement. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement, and you agree that Cuebiq will not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are free to discontinue your use of the Services at any time.

8.    General

This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of this Agreement by its express terms. This Agreement, including our Privacy Policy, constitutes the entire agreement between you and us relating to your use of the Services and supersedes and replaces any prior agreement and communication between you and us, except as otherwise set forth herein. This Agreement and any rights hereunder may not be transferred or assigned by you, but you agree that we may assign this Agreement without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. If any provision of this Agreement, including the Privacy Policy, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force. The section headings used herein are for convenience only and will not be given any legal import.

9.     Contact Us

If you have any questions about this Agreement, please contact us at privacy@cuebiq.com.