IMPORTANT – PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING LOGICUBE PRODUCTS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IN NO EVENT WILL LOGICUBE BE LIABLE (WHETHER UNDER THIS AGREEMENT, RESULTING FROM THE PERFORMANCE OR USE OF LOGICUBE PRODUCTS, OR OTHERWISE) FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OR DELAYS OF BUSINESS, LOSS OF TIME, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, PROPERTY DAMAGE, OR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF A PURCHASER OR USER OF LOGICUBE PRODUCTS OR ANY THIRD PARTY. LOGICUBE’S AGGREGATE LIABILITY IN CONTRACT, TORT, OR OTHERWISE (WHETHER UNDER THIS AGREEMENT, RESULTING FROM THE PERFORMANCE OR USE OF LOGICUBE PRODUCTS, OR OTHERWISE) TO A PURCHASER OR USER OF LOGICUBE PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER FOR THE LOGICUBE PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF LOGICUBE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
LOGICUBE MAKES EVERY EFFORT TO ENSURE PROPER OPERATION OF ITS PRODUCTS. HOWEVER, THE PURCHASER IS RESPONSIBLE FOR VERIFYING THAT THE OUTPUT OF A LOGICUBE PRODUCT MEETS THE PURCHASER’S REQUIREMENTS. THE PURCHASER FURTHER ACKNOWLEDGES THAT IMPROPER OPERATION OF LOGICUBE PRODUCTS CAN CAUSE LOSS OF DATA, DEFECTIVE FORMATTING, OR DEFECTIVE DATA LOADING. LOGICUBE WILL MAKE EFFORTS TO SOLVE OR REPAIR ANY PROBLEMS IDENTIFIED BY PURCHASER, EITHER UNDER THE WARRANTY SET FORTH BELOW OR ON A TIME AND MATERIALS BASIS.
FOR ONE YEAR FROM THE DATE OF SALE (THE “WARRANTY PERIOD”) LOGICUBE WARRANTS THAT THE PRODUCT (EXCLUDING CABLES, ADAPTERS, AND OTHER “CONSUMABLE” ITEMS) IS FREE FROM MANUFACTURING DEFECTS IN MATERIAL AND WORKMANSHIP. THIS LIMITED WARRANTY COVERS DEFECTS ENCOUNTERED IN THE NORMAL USE OF THE PRODUCT DURING THE WARRANTY PERIOD AND DOES NOT APPLY TO: PRODUCTS DAMAGED DUE TO PHYSICAL ABUSE, MISHANDLING, ACCIDENT, NEGLIGENCE, OR FAILURE TO FOLLOW ALL OPERATING INSTRUCTIONS CONTAINED IN THE OPERATING MANUAL; PRODUCTS WHICH ARE MODIFIED; PRODUCTS WHICH ARE USED IN ANY MANNER OTHER THAN THE MANNER FOR WHICH THEY WERE INTENDED, AS SET FORTH IN THE OPERATING MANUAL; PRODUCTS WHICH ARE DAMAGED OR DEFECTS CAUSED BY THE USE OF UNAUTHORIZED PARTS OR BY UNAUTHORIZED SERVICE; PRODUCTS DAMAGED DUE TO UNSUITABLE OPERATING OR PHYSICAL CONDITIONS DIFFERING FROM THOSE RECOMMENDED IN THE OPERATING MANUAL OR PRODUCT SPECIFICATIONS PROVIDED BY LOGICUBE; ANY PRODUCT WHICH HAS HAD ANY OF ITS SERIAL NUMBERS ALTERED OR REMOVED; OR ANY PRODUCT DAMAGED DUE TO IMPROPER PACKAGING OF THE WARRANTY RETURN TO LOGICUBE. AT LOGICUBE’S OPTION, ANY PRODUCT PROVEN TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD WILL EITHER BE REPAIRED OR REPLACED USING NEW OR REFURBISHED COMPONENTS AT NO COST. THIS WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. IF A PRODUCT IS HAS BECOME OBSOLETE OR IS NO LONGER SUPPORTED BY LOGICUBE THE PRODUCT MAY BE REPLACED WITH AN EQUIVALENT OR SUCCESSOR PRODUCT AT LOGICUBE’S DISCRETION. THIS WARRANTY EXTENDS ONLY TO THE END PURCHASER OF LOGICUBE PRODUCTS. THIS WARRANTY DOES NOT APPLY TO, AND IS NOT FOR THE BENEFIT OF, RESELLERS OR DISTRIBUTORS OF LOGICUBE PRODUCTS. UNLESS OTHERWISE AGREED IN WRITING BY LOGICUBE, NO WARRANTY IS PROVIDED TO RESELLERS OR DISTRIBUTORS OF LOGICUBE PRODUCTS.
IN ORDER TO RECEIVE WARRANTY SERVICES CONTACT LOGICUBE’S TECHNICAL SUPPORT DEPARTMENT VIA PHONE OR E-MAIL. PRODUCTS RETURNED TO LOGICUBE FOR REPAIR UNDER WARRANTY MUST REFERENCE A LOGICUBE RETURN MATERIAL AUTHORIZATION NUMBER (“RMA”). ANY PRODUCT RECEIVED BY LOGICUBE WITHOUT AN RMA# WILL BE REFUSED AND RETURNED TO PURCHASER. THE PURCHASER MUST CONTACT LOGICUBE’S TECHNICAL SUPPORT DEPARTMENT VIA E-MAIL (SUPPORT@LOGICUBE.COM) OR VIA PHONE AT +1-818-700-8488 OPT. 3 TO OBTAIN A VALID RMA#. THE PURCHASER MAY BE REQUIRED TO PERFORM CERTAIN DIAGNOSTIC TESTS ON A PRODUCT PRIOR TO LOGICUBE ISSUING AN RMA#. THE PURCHASER MUST PROVIDE THE PRODUCT MODEL, SERIAL NUMBER, PURCHASER NAME AND ADDRESS, EMAIL ADDRESS AND A DESCRIPTION OF THE PROBLEM WITH AS MUCH DETAIL AS POSSIBLE. REASONABLE TELEPHONE AND EMAIL SUPPORT ARE ALSO AVAILABLE FOR THE LIFE OF THE PRODUCT AS DEFINED BY LOGICUBE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, LOGICUBE PRODUCTS ARE PROVIDED AS-IS AND AS-AVAILABLE, AND LOGICUBE DISCLAIMS ANY AND ALL OTHER WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY) INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
During the sales process, through trade shows, marketing events, our Website, and other activities Logicube may collect information from you. For example, we request information from you when you:
1)Fill out a form on our Website
2)Request marketing information
3)Request quotes or pricing information
4)Register for our online events
5)Place an order
6)Participate in our promotions
7)Subscribe to our newsletters or mailing lists.
We may also collect information automatically through the use of electronic tools.Our server may automatically recognize your domain name and other information each time you visit the Website. We may log the name of your internet service provider, IP address, or use “cookie” technology to store your preferences and record session information (as discussed more thoroughly below). As we adopt additional technology, we may also gather information through other means.
Additionally, we may use log files to track how the Website is being accessed and used. Log files track anonymous user information such as IP addresses, browser types, Internet service providers, referring and exit pages, platform type, date and time stamps, and number of clicks to, from, and within the Website. We may use clear GIF Tracking Pixels to track user movement through our Website for aggregated Website traffic measuring. Finally, if you arrive at the Website through a referral device such as a banner ad, we may track how you arrived at the Website, including any clicks that might have impacted our servers.
How we use your information
We use your information to further our relationship with you. We will never sell your personal information. We disclose information to our employees and service providers so that they can contact and assist you.
We may use your information to alert you to product upgrades, promotional offers, various marketing materials around our products, and to market or sell Logicube products to you. Additionally, we may combine the information you provide us with information that is collected from public records, or with information that Logicube may acquire from third parties.
How we share your information
Information regarding you or your order and the products you purchase will never be given or sold to any outside organization for its use in marketing or solicitation (except for such activities on our behalf) without your consent. Occasionally Logicube will share information with third parties with whom we have partnered to provide specific services to Logicube or services on behalf of Logicube. For instance, there may be third party service providers for our operations or business activities with whom we have an agreement for services who transmit, store, analyze or otherwise use such personal information in connection with their services to us. We may share your information with our network of distributors and resellers. Further, we use the technical information collected from cookies and other sources to study how the Website is being used and to improve the Website.
In addition, Logicube may be required to disclose your information in connection with law enforcement, fraud prevention, regulation, and other legal action or if Logicube reasonably believes it is necessary to do so to protect Logicube, its customers, or the public.
Logicube is a rapidly expanding business, and sometimes we acquire or divest business units. As part of such transfers we may convey the business assets of the particular business unit, including your information.
Changing Your Information
You may contact Logicube at any time to review the information you have given us and to provide us additional or updated information, or to modify or delete the personal information you have previously provided to us, by emailing us at firstname.lastname@example.org or calling us at 818-700-8488 x123.
Data Security and Responsibility
Logicube is committed to keeping the data you provide us secure, and will take reasonable precautions to protect your information from loss, misuse or alteration. Vendors, contactors, or partners of Logicube who have access to your information in connection with providing services to Logicube are required to keep the information confidential and are not allowed to use this information for any other purpose than to carry out the services they are performing for Logicube. However, we cannot guarantee the security of any information you disclose and you do so at your own risk. We will not be responsible for the transmission of viruses or the occurrence of data corruption arising out of your use of the Website.
Notice regarding children
Logicube’s Website is intended for adults. We do not intend for this Website to collect information from anyone under the age of 13. Information provided on this Website is not intended for anyone under the age of 13. We do not knowingly collect any personal information from children under the age of 13. If we obtain actual knowledge that we have collected such personal information, that personal information will be immediately destroyed and/or deleted from our databases.
Intellectual Property Rights
“Logicube” and our logos and other marks are trademarks of Logicube (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks and all content, graphics, designs, documentation, software, data, and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (collectively, the “Intellectual Property”). The posting of information or materials on the Website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair Logicube’s ownership of the Website and the content therein or the validity or enforceability of Logicube’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website at any time without notice. Nothing contained in this Agreement will be construed by implication, estoppel, or otherwise as granting to you an ownership interest in the Intellectual Property or any other intellectual property right of Logicube or any third party. None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted, modified, reverse engineered, or copied in any form or by any means.
From time to time we make mistakes on our Website. The materials on the Website could include inaccuracies or typographical errors and are subject to change at any time. You understand and agree that the operation of the Website may involve bugs, errors, problems, or other limitations. We will have no liability whatsoever for your use of the Website or the use of any information, products, or services accessed through the Website. No advise or information obtained by you through the Website will create any representation, warranty, or guarantee by us of any kind. The Website is provided “as is” and “as available” without any warranty of any kind. To the maximum permitted by applicable law, Logicube and its suppliers hereby disclaim all warranties of any kind, whether expressed, implied, or statutory, including without limitation any warranties concerning quality, performance, suitability, merchantability, fitness for a particular purpose, title, and non-infringement.
Limitations of Liability
Our postal address is:19755 Nordhoff Place, Chatsworth, CA 91311
We can be reached via email at email@example.com or you can reach us by telephone at 818-700-8488 x123.
Effective Date: February 3, 2012
The products listed below may be covered by one or more of U.S. Patent
No. 6,813,682, U.S. Patent No. 7,159,086, and U.S. Patent No. 7,228,379:
All Logicube products.