TERMS OF SERVICE

Welcome to Cubix Space’s website.

These Terms of Service govern the use of Cubix Space’s services, including its website, mobile apps, APIs, and products (the “Services”), as well as any information, data, data sets, text, images, videos, files, and other content uploaded to or downloaded from, stored on, or transmitted through the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

SECTION 1 – SERVICES

Through its Services, Cubix Space provides an extensive online platform that enables users to post and search commercial rental properties and that offers convenient tools to facilitate related transactions. As a technology platform only, Cubix Space is not a party to any underlying transaction and is not responsible for guaranteeing or authenticating Content provided by users or third parties. Cubix Space does not lease or rent, or offer to lease or rent, or negotiate the lease of any real property. Further, Cubix Space is not a broker and does not act as a real estate agent for any user or third party.

SECTION 2 – USER RESPONSIBILITIES

A.Compliance.

You, and you alone, are responsible for your use of the Services and Content. You must use the Services and Content in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

To access certain features of the Services (such as to search Content), you must create an account. All information you provide as part of this process must be valid and complete. You are responsible for all actions by your account and for safeguarding your username and password. Cubix Space encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). Cubix Space is not liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify Cubix Space and modify your login information. Cubix Space reserves the right to remove or reclaim usernames for any reason.

B. User Accounts.

To access certain features of the Services (such as to search Content), you must create an account. All information you provide as part of this process must be valid and complete. You are responsible for all actions by your account and for safeguarding your username and password. Cubix Space encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). Cubix Space is not liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify Cubix Space and modify your login information. Cubix Space reserves the right to remove or reclaim usernames for any reason.

C. Use and Conduct Restrictions.

You are allowed to use the Services as long as you follow Cubix Space’s basic rules. If Cubix Space determines that you have violated any of the rules below or elsewhere in these Terms, Cubix Space has the right to terminate your use of the Services and to take other actions it deems appropriate. You agree not to: (a) distribute, license, sell, or transfer the Services, any component of the Services, such as computer code, or any Content; (b) reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to provide the Services; (c) attempt to gain unauthorized access to the Services or Content, or to the computers, servers, and networks connected to the Services; (d) probe, scan, or test the vulnerability of any system or network related to the Services, or breach or circumvent Cubix Space’s security measures; (e) access or search, or attempt to access or search, the Services or Content by any means (automated or otherwise) other than through currently available, published interfaces; (f) interfere or disrupt the Services or servers or networks connected to the Services (including by transmitting worms, viruses, spyware, malware, or other code of a disruptive nature); (g) spam, phish, pharm, pretext, spider, crawl, or scrape the Content or the Services; (h) use the Services or Content for any illegal or unauthorized purpose; (i) use the Services or Content, or cause the Services or Content, to infringe upon or violate any intellectual property or proprietary rights; (j) use the Services or Content to harass, defame, slander, or intimidate; (k) advertise, solicit, or transmit advertisements via the Services, except with Cubix Space’s express, written approval; or (l) engage in any act that Cubix Space deems to be in conflict with the spirit or intent of the Services or these Terms.

SECTION 3 – PAYMENT

Certain features throughout the Services require payment. Pricing and related terms may change from time to time at Cubix Space’s discretion. All such payments are processed by Paymentech, LLC (“Chase”), a third-party payment processor, not by Cubix Space. By authorizing payment, you are consenting to Chase’s terms of service and expressly authorizing Chase to charge the selected payment method for the authorized amount and to distribute the applicable fee to Cubix Space. As part of the payment process, you must provide current, complete, and accurate payment information. Please refer to our privacy policy for further information about how we use your personal data. The privacy policy can be found here.

IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN SECTION 12, THE CUBIX SPACE ENTITIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE PAYMENT TOOL AND CHASE AS THE SERVICE PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ONLINE PAYMENT TOOL IS PROVIDED BY CHASE, NOT BY CUBIX SPACE. CUBIX SPACE IS NOT RESPONSIBLE FOR ANY PART OF THE ONLINE PAYMENT TOOL AND HEREBY DISCLAIMS ANY LIABILITY IN THAT REGARD. THE ONLINE PAYMENT TOOL IS DESIGNED SUCH THAT CUBIX SPACE DOES NOT RECEIVE PAYMENT INFORMATION (WHETHER CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR OTHER BANKING DETAILS). BY SUBMITTING PAYMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE DOING SO AT YOUR SOLE RISK AND YOU HEREBY RELEASE THE CUBIX SPACE ENTITIES FROM ANY LIABILITY RELATING TO IT.

SECTION 4 – USER-PROVIDED CONTENT

A. General.

Users submit Content through and onto Cubix Space’s Services. All Content is the sole responsibility of the person or entity that originated the Content. Cubix Space does not take responsibility for user-provided Content, nor does it guarantee its accuracy. Rather, Cubix Space provides users with access to information supplied by other users. Any user that submits Content that offers a property for rent represents that such Content, as submitted, complies with applicable laws and regulations, and that such user has the requisite professional license to submit such Content.

B. Content Submission.

By submitting Content, you represent that your Content and its submission: (a) does not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (b) does not contain viruses, adware, spyware, worms, or other malicious code. You also represent that you have all the rights, power, and authority necessary to grant the rights granted in this agreement regarding Content originating with you. You agree to accept full liability for all user-provided Content submitted by you or on your behalf.

C. License Grant.

You retain your rights in Content that you submit to the Services. But you grant Cubix Space a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display that Content in any and all media or distribution methods (now known or later developed) solely for the following purposes: (1) to provide the Services, as intended; or (2) to improve the Services. Notwithstanding anything else, any feedback, comments, or suggestions you provide to Cubix Space are entirely voluntary and Cubix Space is free to use them as it sees fit and without any obligation to you.

SECTION 5 – ALL CONTENT

A. Reliance on Content.

Your use of, or reliance on, any Content, whether user-provided or not, is at your own risk. Cubix Space does not endorse, support, or guarantee that such Content is complete, truthful, or reliable. Cubix Space is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content.

B. Right to Remove Content.

Cubix Space has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, including user-provided Content, without notice and for any reason.

SECTION 6 – CUBIX SPACE’S RIGHTS

All right, title, and interest in and to the Services and Content (excluding user-provided Content) are Cubix Space’s exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as further discussed in Section 8.

SECTION 7 – YOUR LICENSE TO USE THE SERVICES

Cubix Space gives you a personal, worldwide, royalty-free, revocable, non-assignable, and non-exclusive license to use any software, patented or proprietary protocol, or other proprietary material that Cubix Space provides to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Cubix Space, in the manner permitted by these Terms. You agree not to use the Services or Content for any other purpose. For example, you may not compile Content and use such compilations for commercial purposes.

SECTION 8 – INTELLECTUAL PROPERTY

A. Trademarks.

The trademarks, service marks, logos, and other distinctive brand features used or displayed through the Services (the “Trademarks”) are registered or unregistered trademarks of Cubix Space or third parties. You may not use any of these Trademarks without the prior written approval from the trademark owner. Nothing in the Services or this website grants, expressly or implicitly, any right or license to use any of these Trademarks or may be construed to mean Cubix Space has the authority to grant any right or license on behalf of any third-party trademark owner.

B. Copyright.

Much of Content throughout the Services is protected by copyright laws and may be covered by other restrictions as well. Such Content is proprietary to Cubix Space or used consistent with the owner’s permission or applicable law or regulation. Cubix Space retains all rights it may hold, including copyright, in its Content. Copyrights and other proprietary rights in the Content may also subsist in individuals and entities other than, or in addition to, Cubix Space. Cubix Space expressly prohibits the copying of any such protected Content, except as expressly permitted by these Terms.

C. Reservation of Rights.

All rights not expressly granted by Cubix Space herein are specifically reserved. Nothing in the Services or in these Terms grants, expressly or implicitly, any right or license to use any Content or property of any third party, or may be construed to mean that Cubix Space has the authority to grant any right or license on behalf of any third party.

D. Copyright Policy.

Cubix Space reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without liability to you. Cubix Space will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. Cubix Space’s designated copyright agent for notice of alleged copyright infringement is:

Copyright Agent
Cubix Space, LLC
85 N. Raymond Ave.
Pasadena, CA 91103
support@cubixspace.com

SECTION 9 – PRIVACY

Any information that you provide to Cubix Space is subject to Cubix Space’s privacy policy. The privacy policy, which can be found here is incorporated into this agreement by reference. You understand that by using the Services you consent to the collection and use of your information, as detailed in that policy.

SECTION 10 – ENDING THESE TERMS

These Terms apply until you or Cubix Space terminate this agreement. You may end this legal agreement with Cubix Space by discontinuing your use of the Services and by deactivating your account, if applicable. You do not need to specifically inform Cubix Space when you stop using its Services. Cubix Space may cease providing you with all or part of the Services and terminate this agreement at any time for any reason. This section doesn’t affect Cubix Space’s rights to change, limit, or stop providing the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 4 (User-Provided Content), 5 (All Content), 6 (Cubix Space’s Rights), 8 (Intellectual Property), 9 (Privacy), 12 (Disclaimers and Limitations of Liability), and 14 (Miscellaneous).

SECTION 11 – DISCLAIMERS AND LIMITATIONS OF LIABILITY

Please read this section carefully since it limits the liability of Cubix Space, and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Cubix Space Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section, may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.

A. The Services are Available “As-Is.”

Your use of the Services and the Content is at your own risk. You agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CUBIX SPACE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.

The Cubix Space Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or the Content, whether user-supplied or not; (ii) the conduct, whether online or offline, of any user; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Content; (iv) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the Cubix Space Entities; and (v) whether the Services will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Cubix Space Entities or through the Services, will create any warranty not expressly made herein.

B. Links.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Cubix Space Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Cubix Space Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUBIX SPACE ENTITIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) THE SERVICES; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT; (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (F) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF ANY CONTENT PROVIDED BY YOU.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CUBIX SPACE ENTITIES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID CUBIX SPACE, IF ANY.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE CUBIX SPACE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF CUBIX SPACE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CUBIX SPACE ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CUBIX SPACE ENTITIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

D. Indemnity.

You hereby indemnify the Cubix Space Entities from any claim, demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of (i) your or your account’s use or misuse of the Services, the Content, or any information that you obtain from the foregoing; (ii) any Content provided or submitted by you or your account; (iii) any breach by you or your account of these Terms, (iv) any misrepresentation made by you or your account in connection with this agreement; and (v) any actual, prospective, or terminated lease or other transaction between you and a third party. Cubix Space reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

SECTION 12 – SERVICES NOT PROVIDED

You acknowledge and agree that Cubix Space does not provide any of the following services: (i) Cubix Space does not participate in any lease transaction, including negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Cubix Space an obligation to perform any services other than those expressly undertaken by Cubix Space; (ii) Cubix Space does not render legal, brokerage, or other professional advice or services and strongly advises all users to obtain such advice and services from appropriate providers; (iii) Cubix Space has no obligation to inspect properties, verify information contained in any Content related to properties, or interview or otherwise screen users.

SECTION 13 – MISCELLANEOUS

A. Evolving Services.

Cubix Space’s Services are always evolving and may change from time to time without notice. Cubix Space may stop (permanently or temporarily) providing the Services (or any Services feature) to you or to users generally and may not be able to provide you with notice. Further, Cubix Space may modify the Services (or any Services feature) at its sole discretion. New features will also be subject to these Terms.

B. Waiver and Severability.

Cubix Space’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in effect.

C. Changes To Terms of Services.

Cubix Space may revise these Terms from time to time. The most current version will always be located here. If the revision, in Cubix Space’s sole discretion, is material it will notify you via email to the email address associated with your account or by posting notice to the website. In consideration for using the Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

D. Controlling Law and Arbitration.

The Terms and any related actions are governed by California law, without regard to or application of California’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE SERVICES, OR THE CONTENT BETWEEN CUBIX SPACE AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN LOS ANGELES, CALIFORNIA. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and Cubix Space are each waiving the right to a trial by jury and to participate in a class action or class arbitration. The following is a list of exceptions to the foregoing dispute resolution requirements:

  • Either you or Cubix Space may assert claims, if they qualify, in small claims court in Los Angeles, California without first engaging in arbitration.
  • Cubix Space may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration.
  • Cubix Space may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
  • If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of those courts. 
E. Territorial Restrictions.

The Services are not intended to be distributed or used by any person or entity in any jurisdiction or country where the distribution or use would be illegal. Cubix Space reserves the right to limit the Services’ availability to any person, geographic area, or jurisdiction, at its sole discretion.

Software and Content related to the Services may be subject to United States export controls. No software or Content from the Services may be downloaded or exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or Content related to the Services, you represent that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

F. Entire Agreement.

The Terms here (and the privacy policy, which is incorporated by reference), are the entire and exclusive agreement between Cubix Space and you regarding the Services and Content (excluding any separate agreement with Cubix Space that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Cubix Space and you regarding the Services and Content.

G. Binding Document.

You may use the Services only if you can form a binding contract with Cubix Space. You must be at least 13 years old to use the Services. If you are over 13 and under 18, you may use the Services only if your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.

H. Construction.

The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words “include” and “including,” and variations, are considered to be followed by the words “without limitation.”

I. Contact Information.

These Services are operated and provided by:

Cubix Space LLC
85 N. Raymond Ave.
Pasadena, CA 91103

Effective: May 1st 2016.