Terms of Service

The use of services re-sold through LicenseCube [hereafter referred to as "Provider"] constitutes an agreement to comply with the Terms of Service between Provider and Customer herein below stated. In addition, Customer agrees to abide by any applicable posted guidelines for all Provider services, which may change from time to time without notice. Should Customer object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with LicenseCube in any way, your only recourse is to immediately discontinue use of LicenseCube. LicenseCube has the right, but is not obligated, to strictly enforce the terms of service through self-help, community moderation, active investigation, litigation and prosecution

Content

Provider services, whether owned, licensed, leased or re-sold by Provider, are provided only for authorized Customer use. The Provider is primarily a reseller of third party licenses, services, applications, programs, and content. Provider's service may contain features and functionalities that may link Customer or provide Customer with access to third party content which is completely independent of Provider, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions the third parties are solely between Customer and such organizations and/or individuals. Customer should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Customer agrees that Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, Customer understands and agrees that Provider is under no obligation to become involved. In the event that you have a dispute with one or more third parties, Customer hereby release Provider, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

All services provided by Provider may only be used for lawful purposes. Use of Provider's services to infringe upon any copyright or trademark is prohibited. Provider reserves the right to refuse service to anyone.

Privacy and Information Disclosure

Provider services may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider services (s) constitutes consent to monitoring for these purposes. Furthermore, Provider may, in its sole discretion, preserve or disclose your Customer information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process or to enforce these Terms of Service.

Payment Information

Customer agrees to supply appropriate payment for the services received from Provider. An invoice for the service provided will be e-mailed to the client 2 days before the next billing due date. Customer agrees that until and unless the Customer notifies Provider of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis automatically to Customer account, and payment will be debited from their funding source.

As a client of Provider, it is Customer's responsibility to ensure that Customer's payment information is up to date, and that all invoices are paid on time. Provider allows a five (5) day grace period from the time the invoice is due and when it must be paid. When an invoice is five (5) days past due the specific service(s) associated with that invoice will be suspended until payment is received and an additional late fee of $9.95 will be accessed to the account. Provider reserves the right to change the monthly payment amount and any other charges at anytime after giving Customer a minimum of thirty (30) days written notice which will be emailed electronically to the email address on the Customers profile. Any violations of the Terms of Service will result in waiver the refund policy.

Cancellations and Refunds

Cancellations must be done by filling out the appropriate license cancellation form located under the support section of the licensecube.com website. Cancelations must be made at least two (2) days before your services due date. Cancelations sent in on or after Customer's service due date will not be subject to a refund. Once Provider receives your cancellation notice and has confirmed all necessary information Provider will inform Customer by e-mail that Customer's account has been canceled and shall make any refund within a reasonable time thereafter, in the opinion of Provider.

No Spam Policy

Customer understand and agree that sending unsolicited email advertisements to Provider email addresses or through Provider computer systems, is expressly prohibited by these Terms. Any unauthorized use of Provider computer systems is a violation of these Terms of Service and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

Termination of Service

Customer acknowledge that Provider reserves the right at any time to modify or discontinue the service(s) (or any part thereof) with or without notice, and that Provider shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the service.

Property Rights

The service of Provider and any third party are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Customer further agree not to reproduce, duplicate or copy content without the express written consent of Provider, and agree to abide by any and all copyright notices displayed by Provider or any third party.

Disclaimer Of Warranties

CUSTOMER AGREE THAT USE OF THE PROVIDER'S SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PROVIDER'S SITE AND THE Services ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to Customer insofar as they relate to implied warranties.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICES OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICES THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider's server.

General Information

These Terms of Service constitute the entire agreement between Customer and Provider and govern your use of the Services, superseding any prior agreements between you and Provider. This agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Henrico, Virginia or the Eastern District of Virginia Federal Court. The failure of Provider to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision. If any provision hereof is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services, interactions with the Provider, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. At the sole option of Provider and dispute may be submitted to mediation or arbitration. In the event of arbitration the dispute shall be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The cost of mediation or arbitration, and all expenses associated therewith, shall be assessed against you.

Account Security

If any of the Services on the Provider's Web Site require Customer to create an account, Customer must complete the registration process by supplying Provider with true, current, complete and accurate information as prompted by the applicable registration form, and Customer will maintain and promptly update such information to keep it true, current, complete and accurate. Provider may provide Customer with tools to assist Customer in evaluating the strength of the password you select to access the Site and Services, but Provider cannot guarantee that such password will provide absolute protection.

Customer is responsible for maintaining the confidentiality of Customer's password and account, and is responsible for any and all activities that occur under the account. Customer agrees to notify Provider immediately of any unauthorized use of Customer's account or any other breach of security. Provider will not be liable for any loss that Customer may incur as a result of account security violations either with or without Customer's knowledge. However, Customer could be held liable for losses incurred by Provider or another party due to account security violations.

Customer may not use other than Customer's assigned account at any time. If Customer provide any information that is false, inaccurate, out of date or incomplete, or if Provider has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Provider may suspend or terminate Customer's account and refuse any and all current or future use of the Services, the Site, or any portion thereof.

Payment Methods Accepted

Provider accepts payments from the following: Visa, MasterCard, American Express, Pay Pal, and Discover Card. An alternative form of payment includes wire transfers; any other account payment method must be agreed with the Provider prior making any payment.

Changes to the Terms of Service

Provider reserves the right to revise its Terms of Service policies at any time without notice. Additionally, the provider does not accept any responsibility for failure to comply with Copyright and Trademark violations that might be infringed upon by the customer. The customer also agrees that all licensing is subject to approval by the software manufacturer and that the provider has limited control over what licenses are revoked for inappropriate usage.

Violation of terms and liquidated damages

Please report any violations of the Terms of Service, by emailing to: abuse@licensecube.com