Terms and Conditions
Agreement between User and CUBO BEVERAGES LLC
Welcome to cubopods.com. The cubopods.com website (the “Site”) is comprised of various web pages operated by CUBO Beverages LLC (“CUBO”). cubopods.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of cubopods.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
cubopods.com is an E-Commerce Site.
CUBO provides a Machine and CUBOPods that work directly with the CUBO Machine and will not work with any other Machine. CUBOPods are delivered to you at your convenience and ready to be made within minutes. The CUBO Machine prepares each beverage—some of them hot or cold—and also offers promotions through QR codes and has a self-cleaning system. Order a CUBO Machine and subscribe to CUBOPods of your choice from cubopods.com. We will deliver the Machine and CUBOPods straight to your door based on your frequency preferences.
Visiting cubopods.com or sending emails to CUBO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
CUBO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use cubopods.com only with permission of a parent or guardian.
You can make changes to your subscription at any time through your account portal. Orders can be skipped, canceled, or changes may be altered to your upcoming CUBOPods shipment in accordance with the dates and hours posted on the account portal. After receiving your first order of CUBOPods, you have 30 days to notify CUBO via phone at 1-844-ONE-CUBO of your intent to return the machine and a refund will only be accepted upon CUBO receiving the machine undamaged in its original shipping box and packaging. Customers will be required to pay for shipping the returned machine. CUBOPods are not refundable.
The Machine has a Limited Warranty that covers any defects in material or workmanship under home use only for one year from the date of purchase. During the Warranty Period, CUBO will repair or replace, at no charge, Machine or Machine parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance. This Limited Warranty excludes liability for consequential loss, or any other loss or damage caused to property or person arising from any cause whatsoever. It also excludes defects caused by the product not being used in accordance with instructions, accidental damage, misuse, being tampered with by unauthorized persons, improper maintenance, consumable items or normal wear and tear and does not cover the cost of claiming under the warranty.
Except to the extent applicable by law, the terms of this warranty do not exclude, restrict or modify, and are in addition to, the mandatory statutory rights applicable to the sale of the product to you. Only the use of CUBOPods will guarantee the proper functioning and lifetime of your CUBO machine. Any defect resulting from the usage of non-genuine CUBOPods will not be covered by this warranty.
To obtain warranty service, you must first contact CUBO at [email protected] to determine the problem and the most appropriate solution for you.
Links to Third Party Sites/Third Party Services
cubopods.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CUBO and CUBO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CUBO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CUBO of the site or any association with its operators.
Certain services made available via cubopods.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the cubopods.com domain, you hereby acknowledge and consent that CUBO may share such information and data with any third party with whom CUBO has a contractual relationship to provide the requested product, service or functionality on behalf of cubopods.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CUBO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site, machine or CUBOPods. CUBO content, machine or CUBOPods are not for resale. Your use of the Site or CUBO machines does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of CUBO and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CUBO or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by CUBO from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CUBO Content accessed through cubopods.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CUBO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CUBO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CUBO in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CUBO agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CUBO BEVERAGES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CUBO BEVERAGES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CUBO BEVERAGES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CUBO BEVERAGES IS NOT LIABLE FOR ANY MISUSE OR OPERATION NOT IN ACCORDANCE WITH THE USER MANUAL OR INSTRUCTIONS. CUBO BEVERAGES IS NOT LIABLE FOR ANY DAMAGE, INJURIES, OR ILLNESSES IN CONNECTION WITH THE USE OF THE MACHINE OR ITS BEVERAGES, EG: FOOD POISONING, BURNS, DEATH, OR DAMAGE TO PROPERTY.
CUBO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CUBO as a result of this agreement or use of the Site. CUBO’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CUBO’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CUBO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CUBO with respect to the Site and its products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CUBO with respect to the Site and its products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CUBO reserves the right, in its sole discretion, to change the Terms under which cubopods.com, Machine and CUBOPods is offered. The most current version of the Terms will supersede all previous versions. CUBO encourages you to periodically review the Terms to stay informed of our updates.
CUBO welcomes your questions or comments regarding the Terms:
5805 Sepulveda Blvd #501
Sherman Oaks, California 91411
Email Address: [email protected]
Telephone number: +1 (844) ONE-CUBO
Effective as of April 13, 2021