ENERGY CUBES INTERNATIONAL
WEBSITE TERMS AND CONDITION OF USE
The following terms and conditions (the “Terms and Conditions”) are the Terms and Conditions for our website www.energycubesusa.com (the “Site”) made available by Energy Cubes International (“Energy Cubes”, “we”, “us” or “our”).
Before continuing to use the Site, please read these Terms and Conditions and contact us if you have any questions.
The content of the Site is designated to provide information and resources to promote healthy life habits for kids. The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Site includes all of the Contents.
1. Use of the Site by You
All use of the Site is subject to the Terms and Conditions. Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations.
In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Energy Cubes will always be accurate, correct and up to date.
Unless you have been specifically permitted to do so in a separate agreement with Energy Cubes, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any Energy Cubes products and services for any purpose.
You agree that you are solely responsible for (and that Energy Cubes has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which Energy Cubes may suffer) of any such breach.
2. Accepting the Terms and Conditions and Additional Terms
By accessing and using the Site in any manner, you acknowledge that you have read these Terms and Conditions and all of the terms and conditions contained herein.
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you. Energy Cubes reserves the right to amend, modify and supplement these Terms and Conditions from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms and Conditions from time to time to ensure that you are aware of and understand any Additional Terms.
The Additional Terms and the Privacy Policy (located on the Site) are hereby incorporated by reference into these Terms and Conditions and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall govern. These Terms and Conditions will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms and Conditions and any Additional Terms.
You acknowledge and agree that Energy Cubes may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Energy Cubes’ sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform us when you stop using the Site or any of its features.
You acknowledge and agree that if Energy Cubes disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
3. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of Energy Cubes, and Energy Cubes is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Energy Cubes of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Energy Cubes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
4. Privacy and Personal Information
By accessing or using the Site, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our privacy policy at www.energycubesusa.com. Questions or requests with respect to your personal information may be sent via email to
[email protected]
5. Ownership of Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Energy Cubes, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with Energy Cubes, nothing in these Terms and Conditions gives you a right to use any of the Contents, Energy Cubes’ trademarks or other intellectual property of Energy Cubes. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.
No information or statement contained in these Terms and Conditions or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Energy Cubes or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without our prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Energy Cubes or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
The limited rights granted to you under these Terms and Conditions may be revoked by Energy Cubes at any time for any reason whatsoever.
6. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by Energy Cubes on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Energy Cubes. Reliance on any individual, information, product or service appearing on the Site is solely at your own risk. ENERGY CUBES DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
7. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENERGY CUBES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ENERGY CUBES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENERGY CUBES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON ENERGY CUBES’ LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ENERGY CUBES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. Termination
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with Energy Cubes, you may do so by closing your account, where Energy Cubes has made this option available to you.
When these Terms and Conditions come to an end, all of the legal rights, obligations and liabilities that you and Energy Cubes have benefited from, been subject to (or which have accrued over time while the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
10. General
These Terms and Conditions, together with any Additional Terms, including the Privacy Policy, constitute the entire agreement between you and Energy Cubes relating to your use and our provision of the Site.
You agree that Energy Cubes may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, or postings on the Site.
You agree that if Energy Cubes does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions e (or which Energy Cubes has the benefit of under any applicable law), this will not be taken to be a formal waiver of Energy Cubes’ rights and that those rights or remedies will still be available to Energy Cubes.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and Conditions and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Quebec, Canada and the federal laws applicable therein shall govern these Terms and Conditions in all respects, without giving effect to conflicts of laws principles.
11. Obtaining Energy Cubes' Consent
To request the consent of Energy Cubes for any of the actions for which such consent is required under these Terms and Conditions, please send an e-mail to
[email protected] reserves the right to refuse any such requests in its sole discretion.
ENERGY CUBES INTERNATIONAL
privacy policy
Energy Cubes International (the “Energy Cubes” or “we”) is committed to respecting your privacy and using your personal information carefully and sensibly. Energy Cubes gather certain types of information from visitors to our web sites and social media pages (the “Site”). We have developed the following privacy policy (the “Privacy Policy”) to help you understand the terms and conditions surrounding the collection and use of that information. The Privacy Policy may change from time to time to address new issues and to reflect changes on our Site. We invite you to refer back to the Privacy Policy regularly.
Information We Collect
The term, “personal information” refers to information that specifically identifies you as an individual and is provided to or collected by us. Such information may include name, age, profession, gender, e-mail address, zip code.
We collect information that is relevant for the purposes of providing our services, meeting our legal obligations and advertising and marketing our services.
When we collect information online, we will make every reasonable effort to avoid excessive or irrelevant collection of data to limit our collection of personal information to that which is necessary to fulfill the purposes we have identified to you. Energy Cubes will take reasonable physical, electronic and managerial measures to safeguard and secure any information you provide to us.
How We Use Your Information
Energy Cubes will not share any information you have provided to us with anyone without your consent other than to provide the services you’ve requested (or as otherwise required or permitted by law).
We may use your personal information to compile and display content and information that we think you might be interested in. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of some service-related communications. We may also use your email address to send you other messages, including changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt out at any time by clicking “Unsubscribe” in any e-mail we send you. If you e-mail us directly, we may e-mail you back and keep records of all of our correspondence. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
Energy Cubes may use certain personal information about you and/or your user content. We do this for such purposes as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.
Some of the personal information or content that you voluntarily disclose for posting to us through the Site (for instance, in profiles or other user content you post) becomes available to the public. If you remove such content, copies may remain viewable in cached and archived pages or if other users have copied or stored your user content
Use of Cookies
Energy Cubes may use a browser feature known as a “cookie”. Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Energy Cubes uses cookies to provide you with the convenience of not having to reenter information, such as your contact details, multiple times during your visits to the Site. Cookies can also be used to help us provide you with information targeted to your interests, based upon your prior browsing on the Site. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent. As the Site has been designed to take advantage of the use of cookies, should you configure your browser to decline their use, certain features of the Site may not function correctly and you may be required to reenter information more frequently. Third parties may collect information about your online activities over time and across different websites when you use this website. Energy Cubes cannot controls the use of cookies by third parties displaying data on the Site or whose sites a user visits or links to from the Site,
Third parties may collect information about your online activities over time and across different websites when you use this website.
How We Disclose Your Information
Energy Cubes may share your personal information with third parties for the purpose of providing services to you. We may store personal information in locations outside the direct control of the Service (for instance, on servers or databases co-located with hosting providers). We do not sell, rent, or trade consumer information to third parties, other than as described below.
In the event that Energy Cubes sells or transfers a particular portion of its business assets, user information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of Energy Cubes are acquired, user information may be transferred as part of the acquisition.
Energy Cubes may be required to disclose personal information by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Energy Cubes, our users or others. Energy Cubes reserves the right at all time to disclose any information uploaded to or appearing on the Site to the extent necessary to comply with any applicable laws and regulations.
We may share non-personal information with interested third parties to help them understand the usage patterns for certain Energy Cubes services. Non-personal information may be collected about your usage of the Site and aggregated with data from other users (“Aggregate Data”). This Aggregate Data is anonymous. Aggregate Data is collected to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users. We may provide statistical information based on this data to advertisers and other current and potential business partners.
How We Protect Your Information
Energy Cubes uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Energy Cubes and you do so at your own risk. Please note that we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time; there is no guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
You are responsible for controlling access to your email communications from Energy Cubes, at all times.
Unauthorized Disclosure of Personal information
In the event that personal information is compromised as a result of a breach of security, Energy Cubes will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Your Choices About Your Personal information
You may withdraw your consent to us collecting, using or disclosing your personal information at any time by giving us reasonable notice, unless doing so will frustrate performance of a legal obligation. If you withdraw your consent for us to collect, use or disclose personal information you have previously provided to us, we may not be able to provide certain services to you.
Accuracy of Your Personal information
We will make reasonable efforts to ensure that the personal information we collect, use or disclose is accurate and complete, but cannot necessarily verify the personal information you provide to us. If you wish to correct any errors or omissions in your personal information that is under our control, contact us using the information below.
Links to Other Web Sites
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including a Web site that has a link on our Web site, is subject to that Web site’s own rules and policies. Please read over those rules and policies before proceeding.
Changes to Our Privacy Policy
If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. You are bound by changes to the Privacy Policy when you use the site after those changes have been posted.
Agreement to Privacy Policy
Your use of this site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site immediately.
Contacting Us
If you have any comments or questions regarding this Privacy Policy, please contact us at
[email protected]