Terms of Use

Last updated: May 17, 2024

ACCEPTANCE OF TERMS

The following terms of use apply to all users of this website and govern your access to and use of the site and the available KUBRA services (the “Services”). By using the Services you acknowledge and agree to be bound by the terms of use applicable to those services and applicable laws. Please take notice that with limited exceptions, all disputes between you and us regarding these Terms of Use are subject to binding arbitration on an individual basis rather than jury trials, including class action lawsuits, in courts and only specific remedies are available to you.

PRIVACY POLICY

KUBRA respects your privacy. The information you provide enables us to provide the Services to you. Information collected will be used for the purpose of providing the Services or general enquiries related to the Services or otherwise as required by law. Please refer to KUBRA’s online Privacy Policy for information concerning KUBRA’s use of your information.

UNAUTHORIZED ACCESS

The Services are provided for legitimate business purposes only. Any actual or attempted unauthorized access, use or modification of this system is prohibited. The use of the Services may be monitored for security reasons. Anyone accessing the Services expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity KUBRA may provide evidence of such activity to law enforcement officials.

DISCLAIMERS

The services, information, data features, and all content and all services associated with the services or provided through the services are provided to you on an "as-is" and "as available" basis. KUBRA, its affiliates (and our service providers) expressly disclaim any warranties and conditions of any kind, whether express or implied, as to the content or operation of the site or of the services. You expressly agree that your use of the services is at your sole risk.

Neither KUBRA, its affiliates, or service providers make any representations, warranties, or guarantees, express or implied regarding the accuracy, reliability, or completeness of the content on the site or of the services and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Neither KUBRA, its affiliates, or its suppliers make any representation, warranty or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitious intercept, or expropriate any system data or personal information.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

GOVERNING LAW AND SEVERABILITY

The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

The Terms of Use (including the Privacy Policy) constitutes the entire agreement between you and KUBRA regarding the use of the Service.

If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and KUBRA arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Services.

You agree that by agreeing to these terms of use, you and KUBRA are each waiving the right to trial by jury or to participate in a class action. You and KUBRA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and KUBRA must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Tempe, AZ or New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

INTELLECTUAL PROPERTY

This website and the Services, the content and all related intellectual property are owned by KUBRA or third parties and all right, title, and interest therein shall remain the property of KUBRA and/or such other third parties. The misuse of any of the intellectual property is expressly prohibited.

Any feedback, ideas, or suggestions you provide at this site shall be deemed to be non-confidential. KUBRA is free to use such information on an unrestricted basis.