These Terms of Use (“Terms”) apply to our websites, microsites, mobile versions of these websites and
mobile applications (“Sites”) that expressly adopt and display or link to these Terms and that are owned,
operated or controlled by Pycube, Inc. or any of its Affiliates (collectively, “Pycube”). We provide these
Sites to you subject to these Terms. By visiting, registering with, or shopping at a Site or downloading
any documents, videos, posts or any other material, downloading any apps including mobile apps with a
link to these Terms, you agree to accept and be bound by these Terms, which can be modified from time
to time, and our privacy policy. Please read them carefully.
COPYRIGHT: All content included on this Site, such as HTML code, scripts, text, graphics, logos, button
icons, images, video, software created to provide mobile applications and audio (collectively,
“Materials”), is our property or the property of our content suppliers and protected by United States
and international copyright laws. All software used on this site is our property or the property of our
service provider or its suppliers and protected by United States and international copyright laws.
TRADEMARKS: Pycube retains all rights regarding its trademarks, trade names, brand names, logos and
trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or
images are registered and/or common law trademarks and are protected by U.S. and international laws
and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of
this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.
LICENSE AND SITE ACCESS: We grant you a limited license to access and make personal use of this Site.
No right, title or interest in our Materials is conveyed to you. You may not download (other than page
caching) or modify this Site, or any portion of it, except with our express written consent. This license
does not include any resale or commercial use of this Site or its Materials; any collection and use of any
product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading
or copying of account information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be
reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any
commercial purpose without our express written consent. All rights not expressly granted are reserved
by Pycube.
Special Notice: We have a no-tolerance policy regarding the use of our Marks or names in metatags
and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark
infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for
purposes of gaining higher rankings from search engines is unfair competition. You may not, without our
express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta
tags or any other “hidden text” utilizing our Marks or names; or (c) frame, inline link or utilize other
techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or
other information not originating from our Site.
Any unauthorized use terminates your limited license, and we may revoke this limited license at any
time for any or no reason. In the event of a violation of these Terms, Pycube reserves the right to seek
all remedies available by law and in equity. Pycube retains the right at our sole discretion to deny access
to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of
these Terms. You are also advised that Pycube will aggressively enforce its intellectual property rights to
the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
COMMENTS, COMMUNICATIONS AND OTHER CONTENT: This Site may permit visitors to submit
reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information
(“User Submissions”). You understand that such User Submissions may be accessed and viewed by
others, including by the general public, and, whether or not such User Submissions are published,
Pycube does not guarantee any confidentiality with respect to any User Submissions. You are solely
responsible for your own User Submissions and the consequences of publishing them on this Site. We
have the right, but not the obligation, to monitor or remove any User Submission. We take no
responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an
unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right,
but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in
part, throughout the world in any media or technology now known or hereafter developed for any
purpose whatsoever without any payment to or further authorization by you. You grant us and our
sublicensees the right to use the name that you submit in connection with such content if they choose.
In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your
User Submission(s) is original (no lifts from previously published material, including music); (ii) you own
all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all
intellectual property and other proprietary rights embodied by the User Submissions or represented by
such User Submissions) to license all of the rights therein to Pycube as set forth in the license granted
above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this
Site or otherwise by Pycube, in whole or in part, will not infringe upon the rights of any third party
including, without limitation, any intellectual property or privacy rights; (v) you have obtained written
permission from any other person named, photographed or otherwise depicted or whose voice is used
in your User Submission(s) which will allow Pycube to utilize the User Submission(s) without
compensation or objection; and (vi) you will indemnify us for all claims resulting from your User
Submission(s).
REPORT VULNERABILITIES: Pycube is committed to ensuring the safety and security of our employees,
contractors, customers and others who use our products and services. As part of this commitment,
we’ve established a coordinated vulnerability disclosure program to provide guidance for our digital
products and information systems.
We recognize that cyber security groups make valuable contributions frequently to the security of
organizations and the broader Internet and that fostering a close relationship with the group will help
improve our own security. You are encouraged to disclose to us any vulnerabilities in Pycube products,
website or applications.
If you have found a vulnerability, we ask that you navigate here as this is our mechanism designed
specifically for managing reports of this type.
PROHIBITED USES OF THIS SITE: You shall not post, transmit, redistribute, upload, or promote any
communications, content or materials that: (a) are illegal, obscene, vulgar, profane, indecent, sexually
explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive
of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar
software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain
political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to
other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any
form of “spam”; (e) use a false email address, impersonates another person or entity, including Pycube
and its employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage
conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any
law; or (i) in doing so, amounts to any conduct that, in the judgment of Pycube, restricts, impairs,
interferes or inhibits any other user from using or enjoying this Site and/or our related services and
products.
NOTICE OF COPYRIGHT INFRINGEMENT: Pycube does not permit copyright infringing activities on this
Site and may remove any content of any kind, for example, if properly informed that the content
infringes upon another's copyright rights. Pycube may terminate the ability to submit content if, under
appropriate circumstances, a person submitting content to this Site is determined to be a repeat
infringer. If you are a copyright owner or an agent thereof and believe that any content on this Site
infringes upon your copyrights, you may notify Pycube by providing the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
copyright right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists;
Identification of the material that is claimed to be infringing and a description of the infringing activity
and information reasonably sufficient to permit Pycube to locate the same;
Information reasonably sufficient to permit Pycube to contact you, such as an address, telephone
number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Pycube, Inc.
21525 Ridgetop Circle, Suite 110, Sterling Virginia. USA.
Attn: Thomas Dunlap, Esq.
Phone: (571) 266-1992
Email: legal@pycube.com
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be
valid.
OUR PRODUCTS: We attempt to be as accurate as possible regarding product descriptions, pricing and
availability. However, unless specifically stated otherwise in writing on this Site, we do not warrant that
product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free.
From time to time there may be information on this Site that contains typographical errors,
inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve
the right to make changes in information about price, description, or availability without notice. We
reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service
to any customer. We have made every effort to display as accurately as possible the colors of our
products that appear on this Site; however, the actual color you will see will depend on many factors,
including your computer, and we cannot guarantee that your computer will accurately display our
colors. The inclusion of any products on this Site does not imply or warrant that these products will be
available over the internet at any particular time.
LINKING: Links may be established from this Site to one or more external websites or resources
operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide
links to this Site. None of such links should be deemed to imply that Pycube endorses the Third Party
Sites or any content therein. Unless the link is to another Pycube website, Pycube does not control and
is not responsible or liable for any Third Party Sites or any content, advertising, products, or other
materials on or available from such Third-Party Sites. Access to any Third Party Sites is at your own risk
and Pycube will have no liability arising out of or related to such websites and/or their content or for any
damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance
on any such content, goods, or services available on or through any such Third Party Site.
APPLICABLE LAW: By visiting our Site, you agree that the laws of the State of Virginia, United States of
America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any
sort that might arise between us.
DISPUTES: Any dispute between you and Pycube concerning this Site or the Materials located on this
Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such
controversy or dispute, provided, however that Pycube may commence action against you in a court of
law for infringement of Pycube’s intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY
IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any
claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one
(1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve
disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final
and binding and the award so rendered may be entered in any court having jurisdiction thereof. The
arbitration shall be held and the award shall be deemed to be made in the County of Loudoun,
Commonwealth of Virginia, United States of America, or such other place agreed to by the parties. Each
party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided
equally between the parties. The arbitrator shall have no authority to amend or modify these Terms or
to award punitive or exemplary damages, and the award may be enforced by judgment in a United
States Court of Law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: WEBSITE: THIS SITE AND ALL
INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR
EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTS: WITH
RESPECT TO PRODUCTS SOLD ON THIS SITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE
SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM
ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE TO ANY
PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY
INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES,
COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM
USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PYCUBE IS EXPRESSLY ADVISED ABOUT
THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: Under the New Jersey Truth-in-Consumer Contract,
Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any
written contract which includes any provision that violates any clearly established legal right of a
consumer, or responsibility of a seller, as established by state or federal law. In addition, under the
TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable
or inapplicable in some jurisdictions without specifying which provisions are or are not void,
unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall
not be applicable to New Jersey residents: (1) in the Disclaimer of Warranties and Limitation of Liability
section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New
Jersey residents to the extent we were negligent or have breached our obligation to you, and (b) the
provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey
residents with respect to punitive damages, loss of data, and loss of or damage to property; (2) in the
Comments, Communications and Other Content section, the provision concerning the indemnification
by you is not applicable to New Jersey residents unless you were negligent or have breached these
Terms; and (3) in the Disputes section, (a) the provisions which limit the time within which claims
against us must be brought, and (b) the provision concerning the exclusion or limitation of certain
damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and
loss of or damage to property.
TERMS SPECIFIC TO USERS OF MOBILE APPLICATIONS: In addition to all the remaining Terms herein, if
you are downloading a mobile application provided by us, you understand and agree that we have no
obligation to maintain, support, upgrade or update any mobile applications that we provide. It is also
possible that as you download a mobile application, you may be asked to agree to terms in addition to
these Terms regarding the collection of information, including location information or warranties. If
there is a conflict between these Terms and the terms you agree to at the time of downloading, the
agreed-to downloading terms will control. You understand and acknowledge that the terms of
agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply
when using the downloaded mobile application. As a result, you may be charged by the Mobile Provider
for access to network connection services for the duration of the connection while accessing the mobile
application and you accept responsibility for any such charges. You acknowledge that if you are
downloading a mobile application through Apple® iTunes or Google® Play, neither Apple® nor Google®
have an obligation to provide any support or maintenance services in relation to our mobile
applications. If you have maintenance or support questions in relation to one of our mobile applications,
contact us at (571) 266-1992.
The following additional terms apply to mobile applications that are downloaded from the Apple® App
Store:
With respect to mobile applications accessed through or downloaded from the Apple® App Store (“App
Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple®-
branded product that is owned or controlled by the User; and (ii) as permitted by the “Usage Rules” set
forth in the Apple® App Store Terms of Service. Pycube reserves all rights in and to the mobile
applications not expressly granted to you under these Terms.
You acknowledge and agree that (i) these Terms are concluded between you and Pycube only, and, that
Apple is not a party to these Terms other than as third-party beneficiary as contemplated below, and (ii)
Pycube, not Apple®, is solely responsible for the App Store Sourced Application and the Pycube Sites
content.
To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever
with respect to the App Store Sourced Application, or any other claims, losses, liabilities, damages, costs
or expenses attributable to any failure to conform to any warranty.
Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you
acknowledge that, solely as between Apple® and Pycube, Pycube, and not Apple®, is responsible for
addressing any claims you may have relating to the App Store Sourced Application, or your possession
and/or use thereof, including, but not limited, to (i) product liability claims, (ii) any claim that the App
Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.
Further, you agree that if the App Store Sourced Application, or your possession and use of the App
Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold
Apple® responsible for the investigation, defense, settlement and discharge of any such intellectual
property infringement claims.
You acknowledge and agree that Apple®, and Apple’s subsidiaries, are third-party beneficiaries of these
Terms for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions
of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce
these Terms for App Store Sourced Applications against you as a third-party beneficiary thereof.
Without limiting any provisions of these Terms, you must comply with all applicable third-party terms of
agreement when using the App Store Sourced Application.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government
embargo or that has been designated by the U.S. Government as a “terrorist support” country and (ii)
you are not included in any U.S. Government list of prohibited or restricted parties.
OTHER TERMS AND CONDITIONS, SITE MODIFICATION AND SEVERABILITY: We may offer the
opportunity to participate in sweepstakes, contests or other promotions through this Site. In addition to
these Terms, the sweepstakes, contests or other promotions will be governed by terms and conditions
specific to those sweepstakes, contests or promotions. If there is a conflict between these Terms and
the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions
for the sweepstakes, contests or promotions will control.
We reserve the right to make changes to this Site, our policies and these Terms at any time in our sole
discretion. The most current version of the Terms will supersede all previous versions and can be
reviewed by clicking on the “Terms of Use” link located in the side navigation bar. Your use of the Site
after changes are made to the Terms signifies your agreement to such changes.
If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that
provision shall be deemed severable and shall not affect the validity and enforceability of any remaining
provisions; provided, however, the foregoing severability provision does not apply to residents of New
Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY
RESIDENTS section.
Effective as of: April 21, 2021