Terms of service
OVERVIEW
Welcome to Tricube. The terms “we,” “us,” and “our” refer to Tricube LLC (“Tricube”). Tricube operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a shopping experience (the “Services”). Tricube is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and responsibilities, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, or by purchasing products from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you permit a minor to use the Services, you are responsible for that minor's use of the Services and compliance with these Terms.
To use certain Services or make a purchase, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping information. You represent and warrant that the information you provide is accurate, current, and complete and that you have the right to provide such information.
You are responsible for maintaining the security of any account credentials associated with your use of the Services and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately display and describe our products. However, colors, dimensions, finishes, and other product characteristics may appear differently depending on your device, screen, lighting, and other factors.
Product descriptions, specifications, pricing, availability, and other information may be changed or updated from time to time.
We reserve the right to discontinue products, limit quantities, restrict sales to particular persons or geographic areas, or otherwise modify product offerings at our discretion, subject to applicable law.
Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or limited under applicable law.
SECTION 3 - ORDERS
When you place an order through the Services, you are submitting an offer to purchase the products identified in your order. Tricube reserves the right to accept or decline an order for legitimate reasons, including product availability, pricing or listing errors, suspected fraud or unauthorized activity, shipping restrictions, or other circumstances permitted by law.
Your order is not accepted until we confirm acceptance of your order. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Once an order has been accepted, we may not be able to accommodate cancellation requests.
If we do not accept, modify, or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided with the order and will issue any required refund.
Your purchases are subject to our Refund and Return Policy and Limited Warranty, each of which is incorporated into these Terms by reference.
You represent that purchases made through the Services are for personal or household use and not for unauthorized resale or export, unless we have expressly agreed otherwise.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and availability are subject to change without notice.
The price charged for a product will generally be the price displayed at the time the order is placed and will be reflected in your order confirmation, subject to correction of pricing or listing errors.
Unless otherwise stated, posted prices do not necessarily include applicable taxes, shipping, handling, customs duties, or other charges.
We may offer promotions that are subject to additional terms. If there is a conflict between promotional terms and these Terms, the promotional terms will control for that promotion.
You agree to provide current, complete, and accurate purchase, payment, billing, and account information.
You represent that you are authorized to use the payment method provided for your purchase and agree to pay all charges associated with your order, including applicable taxes and shipping charges.
SECTION 5 - SHIPPING AND DELIVERY
We currently ship products within the geographic areas identified on the Services.
Shipping and delivery dates are estimates only and are not guaranteed unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs processing, weather, natural disasters, government actions, or other circumstances outside our reasonable control.
You are responsible for providing an accurate shipping address. If an order cannot be delivered because of an incorrect or incomplete address provided by you, additional shipping charges may apply.
Nothing in this section limits any rights you may have under applicable law concerning delivery, damaged goods, or risk of loss.
SECTION 6 - INTELLECTUAL PROPERTY
The Services and their contents, including but not limited to trademarks, logos, text, graphics, photographs, product images, videos, audio, designs, product descriptions, reviews, and the selection and arrangement of such materials, are owned by Tricube, its affiliates, or its licensors and are protected by applicable intellectual property laws.
These Terms permit you to access and use the Services for personal, non-commercial purposes.
Except as expressly permitted by us, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit materials from the Services without our prior written permission.
Nothing in these Terms grants you any ownership interest or license in any Tricube intellectual property except for the limited right to use the Services as permitted by these Terms.
“Tricube,” our logos, product names, designs, slogans, and related marks are trademarks of Tricube or their respective owners. You may not use our trademarks without prior written permission.
Shopify's trademarks and intellectual property belong to Shopify or its licensors. Other trademarks appearing on the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools, applications, integrations, or services as part of the Services.
We do not necessarily monitor, control, or have input into such third-party tools.
Third-party tools are provided “as is” and “as available,” subject to the terms and conditions of the applicable third-party provider.
Your use of third-party tools is at your own discretion and may be subject to additional terms imposed by the applicable provider.
We may introduce additional features, tools, or services in the future. Any such additions will also be subject to these Terms unless otherwise stated.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites, services, or other resources operated by third parties.
We do not control and are not responsible for the content, availability, privacy practices, security, accuracy, or policies of third-party websites or services.
If you access a third-party website or service, you do so at your own risk and should review that third party's applicable terms and privacy policies.
Your dealings with third parties, including purchases made through third-party websites, are between you and the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Tricube is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.
However, purchases made through our store are transactions between you and Tricube. Shopify is not the seller of the products offered by Tricube and is not responsible for the products, fulfillment, returns, refunds, warranties, or other obligations arising from transactions between you and Tricube.
To the extent permitted by applicable law, you agree that Shopify and its affiliates are not responsible for claims arising from your purchases or transactions with Tricube.
SECTION 10 - PRIVACY POLICY
Your submission of personal information through the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You can review our Privacy Policy here:
Because our Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your use of the Services. Additional information regarding Shopify's handling of personal information is available through Shopify's privacy documentation.
SECTION 11 - FEEDBACK AND REVIEWS
If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, feedback, photographs, videos, testimonials, or other content to us (“Feedback”), you grant Tricube a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback in connection with our business, products, Services, and marketing.
You represent and warrant that:
- You own or otherwise have the necessary rights to provide the Feedback;
- Your Feedback does not violate the rights of another person or entity;
- Your Feedback does not contain unlawful, defamatory, threatening, abusive, obscene, or malicious material; and
- Your Feedback does not contain malware or other harmful code.
We are not obligated to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback.
We may remove or decline to publish Feedback that we believe violates these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
There may occasionally be information on the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders affected by such errors, subject to applicable law.
We are not obligated to update information on the Services unless required by law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services:
- For any unlawful or fraudulent purpose;
- To violate applicable federal, state, local, or international laws;
- To infringe the intellectual property or other rights of Tricube or another person;
- To harass, threaten, abuse, defame, or harm another person;
- To submit false or misleading information;
- To distribute viruses, malware, or other harmful code;
- To spam, phish, or engage in fraudulent activity;
- To impersonate another person or entity;
- To interfere with the operation or security of the Services;
- To collect or track personal information of others without authorization;
- To reproduce, duplicate, copy, sell, resell, or exploit the Services without our permission;
- To scrape, crawl, or extract information from the Services through automated means except where expressly permitted by us; or
- To circumvent security or access controls used by the Services.
We reserve the right to suspend or terminate access to the Services if we reasonably believe that you have violated these Terms or applicable law.
SECTION 14 - AUTOMATED ACCESS AND AGENTS
You may not use automated software, bots, agents, crawlers, or similar technologies to access, interact with, scrape, extract information from, or otherwise use the Services in a manner that violates these Terms or interferes with the Services.
We may use technical measures to restrict or limit automated access.
Nothing in this section is intended to prohibit lawful activities that cannot legally be restricted or to restrict accessibility tools used by individuals with disabilities.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services where permitted by law if you violate these Terms, engage in fraudulent or unlawful activity, or otherwise misuse the Services.
You may stop using the Services at any time.
Termination does not affect rights or obligations that arose before termination or provisions that by their nature should continue after termination.
The following sections, among others, will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
Except as expressly provided by Tricube in writing, we do not make warranties or representations regarding the uninterrupted, timely, secure, or error-free operation of the Services.
To the fullest extent permitted by applicable law, we disclaim implied warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Nothing in these Terms excludes or limits any warranty, representation, right, or remedy that cannot legally be excluded or limited under applicable law.
Our products may be subject to our separate Limited Warranty, which applies according to its terms.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Tricube and its owners, officers, employees, affiliates, agents, contractors, service providers, licensors, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, savings, data, business opportunities, or replacement costs, arising out of or relating to your use of the Services or products purchased through the Services.
To the fullest extent permitted by applicable law, our total liability arising from or relating to your use of the Services or purchase of products will not exceed the amount you actually paid to Tricube for the specific product or service giving rise to the claim.
These limitations apply regardless of the legal theory on which a claim is based, including contract, warranty, negligence, strict liability, or other theory.
Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
SECTION 18 - INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Tricube, its owners, officers, employees, agents, contractors, affiliates, licensors, and service providers from third-party claims, damages, liabilities, losses, and reasonable attorneys' fees arising out of:
- Your violation of these Terms;
- Your violation of applicable law or the rights of another person or entity; or
- Your misuse of the Services.
We may assume control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate with us in the defense of such claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
These Terms, together with our Privacy Policy, Refund and Return Policy, Limited Warranty, and other policies expressly incorporated by reference, constitute the entire agreement between you and Tricube regarding your use of the Services and supersede prior agreements relating to the same subject matter.
Any ambiguities in these Terms will be interpreted in accordance with applicable law.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms or our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, corporate reorganization, or other business transaction, or as otherwise permitted by law.
SECTION 22 - GOVERNING LAW AND VENUE
These Terms and any dispute arising out of or relating to the Services or products purchased from Tricube will be governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.
To the extent permitted by law, disputes shall be brought in the state or federal courts located in California having appropriate jurisdiction, and you consent to the jurisdiction and venue of those courts.
Nothing in this section limits any consumer rights or remedies that cannot legally be waived.
SECTION 23 - HEADINGS
The headings used in these Terms are for convenience only and do not limit or otherwise affect the meaning of any provision.
SECTION 24 - CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right to update, change, or replace these Terms by posting a revised version on our website.
We will update the “Last updated” date when we make changes and provide any additional notice required by applicable law.
Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms or our policies may be sent to:
Tricube LLC
Email: mytricubesupport@gmail.com