- Use of a Cubic Site; Intellectual Property. In consideration of your access to and use of the Site, you agree to use the Site only for those purposes that are permitted by this Agreement, applicable law, or generally accepted practices in the relevant jurisdictions. You shall use the Site strictly in accordance with this Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any part of the Site; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Site; or (c) violate any applicable laws, rules or regulations in connection with your access or use of the Site.
All information, text, software, audio, video, photographs, images, and other data contained on this Site (“Site Content”) are the property of Cubic and are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with Cubic, you may not access, load, modify, copy, reproduce, republish, upload, post, transmit, transfer, perform, display or distribute in any way any of the Site Content. The trademarks, service marks, logos and slogans appearing on this Site are the registered or common law marks of Cubic or designated third parties. You acknowledge and agree that the Site and the Site Content and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Cubic. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Site or Site Content by implication, estoppel or other legal theory, and all rights in and to the Site and the Site Content not expressly granted in this Agreement are hereby reserved and retained by Cubic.
Nothing in these materials is an offer to sell any products or devices referenced on the Site.
You acknowledge that the Site, or the websites to which this Site links, may provide materials created and provided by third parties (including, without limitation, advertisers, publishers, content partners, marketing agents and vendors) or forums, blogs or other interactive social features and user-generated content (collectively “Third Party Content”). You acknowledge that Cubic does not investigate, monitor, represent or endorse the Third Party Content (including any user-generated content, third party websites or third party data). Furthermore, your access to and use of the Third Party Content is at your sole discretion and risk, and Cubic and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content.
Cubic hereby disclaims any representation, warranty or guaranty regarding the Third Party Content, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content. You acknowledge and agree that the provision of access to and the listing of any Third Party Content (including any user generated content, third party websites or third party data available through the Site) shall not constitute or imply any endorsement by Cubic or its affiliates of such Third Party Content.
You understand that by accessing and using the Third Party Content, you may encounter information, materials and subject matter that you or others may deem offensive, indecent, or objectionable and which may or may not be identified as such. Notwithstanding the foregoing, you agree to use the Third Party Content at your sole risk and that Cubic and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
- Additional Terms for Forums, Blogs, and Other Social Media. The Site may include links to forums, blogs, or other interactive or social media features or sites (“Forums”) for visitors to our Site or link to Forums on other websites. If you use the Forums, in addition to any other terms we may require when you register to use the Forums or that are posted on the Forums, you agree to the following:
- Restrictions. You agree not to use the Forums for any purpose not expressly authorized by Cubic. The material on Cubic Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on a Forum (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from a Forum.
- Postings. If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting and its content, or you have been granted sufficient rights in and to the Posting necessary to allow you to post such Posting; (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise offensive; (c) you must not breach obligations of confidentiality that you owe to any third party either in posting or using a Posting; (d) any Postings you make to the Site or Forums do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law; and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this Agreement or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.
Cubic reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this Agreement or in breach of any obligation of confidentiality you owe Cubic, or infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums. Cubic will not be liable in relation to the removal of, or failure to remove, any Postings.
- Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the products, services, or employment opportunities offered by Cubic and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send any type of unsolicited commercial message; or (2) to send any message that is vulgar, sexually-orientated, hateful or threatening, or that otherwise violates any laws.
- Cubic Employees. If you are a Cubic employee, you must also follow Cubic’s Electronic Communications Policy and any other published social media policies in your Postings.
- Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
- Disclaimer. The materials on the Site and on the Forums are provided "as is", “as available” and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance. Your use of or reliance upon the Site, the Site Content and any Third Party Content accessed thereby are at your sole risk and discretion.
To the fullest extent permissible pursuant to applicable law, Cubic and its affiliates, partners, suppliers and licensors hereby disclaim all representations, warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Cubic does not warrant that the Site, the Site Content or the Third Party Content will meet your requirements or be uninterrupted, available, timely, current, accurate, reliable, complete, secure or error -free, that defects will be corrected, or that the Site, the Site Content, the Third Party Content, or the server that makes any of the foregoing available, are free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from Cubic or from the Site shall create any representation, warranty or guaranty. Furthermore, you acknowledge and agree that Cubic has no obligation to support or maintain the Site or the Site Content.
- Limitation of liability. Under no circumstances shall Cubic, its affiliates, partners, suppliers and licensors, be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages including damages for lost profits, lost revenue or loss of use (whether based in contract, negligence, strict liability, statute or other theory of liability) that arise from or are related to the use of, or the inability to use, the Site or any of the links or Postings made available on or through the Site whether or not the damages were foreseeable and whether or not Cubic was advised of the possibility of such damages. Without limiting the generality of the foregoing, Cubic’s aggregate liability to you (whether based in contract, negligence, strict liability, statute or other theory of liability) shall not exceed $100. You specifically acknowledge and agree that Cubic, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site or Forums. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
- Termination. Cubic reserves the right in its sole discretion to terminate your access to or use of this Site for any reason, including a failure by you to comply with these Terms. Cubic may choose to take legal action against you for your failure to comply with these Terms.
- Revisions to the Site. Cubic may revise or withdraw all or any portion of the Site or the Site Content and discontinue any products or services at any time without notice.
- Modifications to this Agreement. Cubic may modify or amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the Cubic website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Site following the date in which the modified or amended Agreement is posted on the Cubic website. You agree that you will visit the Site regularly to view the then-current Agreement.
- Applicable Law. This Site is controlled, operated and administered by Cubic from its offices within the United States of America. Cubic makes no representation that information available on or through this Site is appropriate, available or lawful for use at other locations outside of the U.S. Access to some information through this Site from countries and areas outside of the U.S. may be prohibited by country or local law. You are responsible for complying with country and local law in using and accessing the Site and the information provided. You may not use or access this Site or export the information available through this Site in violation of U.S. export laws and regulations.
You agree that the laws and statutes of the United States and the state of California, USA, without regard to conflict of laws principles, will apply to all matters relating to this Site and that all litigation in connection with this Site shall be subject to the exclusive jurisdiction of the state or federal courts in California, USA.
Effective: March 15, 2011