Terms of service

These Terms of Use constitute a legally binding agreement between you and Medicube covering your access to and use of the website located at www.medicubes.it.com, together with any other media forms, media channels, mobile websites, or mobile applications that are related to, linked with, or otherwise connected to that site (collectively referred to as the “Site”). By accessing the Site, you confirm that you have read, understood, and agreed to be bound by all of the provisions contained in these Terms of Use. If you do not accept any part of these terms, you are expressly prohibited from using the Site and must stop accessing it without delay.

Any supplemental terms, conditions, or documents that may appear on the Site from time to time are incorporated into this agreement by reference. We reserve the right, at our sole discretion and for any reason, to change or modify these Terms of Use at any time. We will inform you of any revisions by updating the “Last updated” date shown on these Terms of Use, and you waive any right to receive specific notice of each individual change. It is your responsibility to review these Terms of Use periodically to stay aware of updates. By continuing to use the Site after a revised version has been posted, you will be considered to have been made aware of and to have accepted the changes contained in that revised version.

The information made available on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would conflict with applicable laws or regulations, or where such use would subject us to any registration requirement within that jurisdiction or country. Accordingly, individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for complying with local laws, to the extent those laws apply.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction where they reside (generally individuals under the age of 18) must have the permission and direct supervision of a parent or guardian in order to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before you may use the Site.

Unless otherwise indicated, the Site is our proprietary property, and all of its source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), along with the trademarks, service marks, and logos contained within it (the “Marks”), are owned or controlled by us, or licensed to us, and are protected by copyright and trademark laws as well as various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site on an “as is” basis for your information and personal use only. Except as expressly stated in these Terms of Use, no part of the Site, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in relation to the Site, the Content, and the Marks.

By using the Site, you represent and warrant that all registration information you submit will be true, accurate, current, and complete; that you will maintain the accuracy of such information and promptly update it as necessary; that you have the legal capacity and agree to comply with these Terms of Use; that you are not under the age of 13; that you are not a minor in the jurisdiction in which you reside, or, if you are a minor, that you have received parental permission to use the Site; that you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; that you will not use the Site for any illegal or unauthorized purpose; and that your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Site or any portion of it.

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username that you select if we determine, at our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.

We make every effort to display the colors, features, specifications, and details of the products available on the Site as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will remain in stock. We reserve the right to discontinue any products at any time and for any reason. Prices for all products are subject to change.

We accept the following forms of payment: PayPal and Shopify Payments (credit card). You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site, and you further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery, and of value added tax and any other tax or duty that must be added to the price payable where applicable. We may change prices at any time, and all payments shall be made in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases, together with any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site and may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Please review our Return Policy posted on the Site before making any purchases.

You may not access or use the Site for any purpose other than that for which we make it available, and the Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; not to make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; not to use a buying agent or purchasing agent to make purchases on the Site; not to use the Site to advertise or offer to sell goods and services; not to circumvent, disable, or otherwise interfere with security-related features of the Site; not to engage in unauthorized framing of or linking to the Site; not to trick, defraud, or mislead us and other users; not to make improper use of our support services or submit false reports of abuse or misconduct; not to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; not to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to it; not to attempt to impersonate another user or person or use the username of another user; not to sell or otherwise transfer your profile; not to use any information obtained from the Site to harass, abuse, or harm another person; not to use the Site as part of any effort to compete with us or to use the Site or its Content for any revenue-generating endeavor or commercial enterprise; not to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up part of the Site; not to attempt to bypass any measures designed to prevent or restrict access to the Site; not to harass, annoy, intimidate, or threaten any of our employees or agents; not to delete the copyright or other proprietary rights notice from any Content; not to copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; not to upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site; not to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats, one-by-one pixels, web bugs, cookies, or other similar devices sometimes referred to as spyware or passive collection mechanisms; not to use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or to use or launch any unauthorized script or other software; not to disparage, tarnish, or otherwise harm us or the Site; and not to use the Site in a manner inconsistent with any applicable laws or regulations.

The Site may invite you to review, chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites, and any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that the creation, distribution, transmission, public display, or performance of your Contributions does not and will not infringe the proprietary rights, including copyright, patent, trademark, trade secret, or moral rights, of any third party; that you are the creator and owner of them or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users to use them in any manner contemplated by the Site and these Terms of Use; that you have the written consent, release, and permission of each identifiable individual person appearing in your Contributions to use their name or likeness; that your Contributions are not false, inaccurate, or misleading; that they are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; that they are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable; that they do not ridicule, mock, disparage, intimidate, or abuse anyone; that they do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another; that they do not violate any applicable law, regulation, or rule; that they do not violate the privacy or publicity rights of any third party; that they do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner; that they do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors; and that they do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

By posting your Contributions to any part of the Site, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions, including without limitation your image and voice, for any purpose, whether commercial, advertising, or otherwise, and to prepare derivative works of them or incorporate them into other works, and to grant and authorize sublicenses of the foregoing. This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that such moral rights have not otherwise been asserted. We do not assert any ownership over your Contributions, and you retain full ownership of them and any intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions, and you are solely responsible for them, expressly agreeing to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, at our sole and absolute discretion, to edit, redact, or otherwise change any Contributions, to re-categorize them, and to pre-screen or delete them at any time and for any reason, without notice, and we have no obligation to monitor your Contributions.

We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: you should have firsthand experience with the person or entity being reviewed; your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language; they should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; they should not contain references to illegal activity; you should not be affiliated with competitors if posting negative reviews; you should not make any conclusions as to the legality of conduct; you may not post any false or misleading statements; and you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews at our sole discretion, and we have absolutely no obligation to screen reviews or to delete them, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to reviews.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to such submissions and warrant that they are original with you or that you have the right to submit them, and you agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

The Site may contain links to other websites and third-party content, including articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content originating from third parties. Such third-party websites and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party websites accessed through the Site or any third-party content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in them. Inclusion of, linking to, or permitting the use or installation of any third-party websites or content does not imply approval or endorsement by us. If you decide to leave the Site and access third-party websites or to use or install third-party content, you do so at your own risk and should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and shall hold us harmless from any harm caused by your purchase of such products or services, as well as from any losses sustained by you or harm caused to you relating to or resulting in any way from third-party content or any contact with third-party websites.

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use; to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; to refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion of them; to remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems; and to otherwise manage the Site in a manner designed to protect our rights and property and facilitate the proper functioning of the Site.

We care about data privacy and security. Please review our Privacy Policy posted on the Site, and by using the Site you agree to be bound by it, as it is incorporated into these Terms of Use. Please be advised that the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site you are transferring your data to the United States and expressly consent to having your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, you may immediately notify our Designated Copyright Agent using the contact information provided below, and a copy of your notification will be sent to the person who posted or stored the material addressed in it. Please be advised that, pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a notification. If you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. All notifications should meet the requirements of the DMCA and include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered, a representative list of such works; identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; information reasonably sufficient to permit us to contact the complaining party; a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent, which must include identification of the material that has been removed or disabled and the location where it appeared; a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or, if your address is outside the United States, for any judicial district in which we are located; a statement that you will accept service of process from the party that filed the notification or the party’s agent; your name, address, and telephone number; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and your physical or electronic signature. If you send us a valid, written counter notification meeting the requirements described above, we will restore the removed or disabled material unless we first receive notice from the party filing the notification that it has filed a court action to restrain you from engaging in infringing activity related to the material. Please note that if you materially misrepresent that disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees, and filing a false counter notification constitutes perjury. Our copyright agent may be contacted at APR US INC, 41 Greenfield, Irvine, CA 92614, at help@medicubes.it.com.

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site, including blocking certain IP addresses, to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason, at our sole discretion, without notice, and we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee that the Site will be available at all times, and we may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance, and nothing in these Terms of Use obligates us to maintain and support the Site or to supply any corrections, updates, or releases.

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within that state, without regard to its conflict-of-law principles. Any legal action brought by either party shall be commenced or prosecuted in the state and federal courts located in Orange County, California, and the parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either party related in any way to the Site be commenced more than one year after the cause of action arose. To expedite resolution and control the cost of any dispute, the parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. You understand that without this provision you would have the right to sue in court and have a jury trial. The arbitration may be conducted in person, through the submission of documents, by phone, or online, and, except where otherwise required by the applicable AAA rules or law, will take place in Orange County, California. Any arbitration shall be limited to the dispute between the parties individually, and there is no right or authority for any dispute to be arbitrated on a class-action basis or in a representative capacity. Certain disputes are not subject to the provisions concerning informal negotiation and binding arbitration, including disputes seeking to enforce or protect intellectual property rights, disputes related to theft, piracy, invasion of privacy, or unauthorized use, and any claim for injunctive relief.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

The Site is provided on an as-is and as-available basis, and you agree that your use of the Site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to it and will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials; personal injury or property damage of any nature resulting from your access to and use of the Site; any unauthorized access to or use of our secure servers and any personal or financial information stored therein; any interruption or cessation of transmission to or from the Site; any bugs, viruses, Trojan horses, or the like transmitted to or through the Site by any third party; or any errors or omissions in any content and materials or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions; your use of the Site; breach of these Terms of Use; any breach of your representations and warranties set forth in these Terms of Use; your violation of the rights of a third party, including intellectual property rights; or any overt harmful act toward any other user of the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with the defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site, and you agree that we shall have no liability to you for any loss or corruption of such data and waive any right of action against us arising from such loss or corruption.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site, and you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them, and you waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties.

To resolve a complaint regarding the Site or to receive further information regarding its use, you may contact us at APR US INC, Business Center, Suite 200, Irvine, California, 92618, United States of America, or by email at help@medicubes.it.com.