Terms of Use

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, located at cubcakesdance.com. It was last posted on 26 June 2019. The terms, “we,” “our,” “website,” and “Site” as used in this Agreement refer to Cubcakes Dance Crew, or cubcakesdance.com.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy accessible at https://www.cubcakesdance.com/privacy-policy/, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” The Sites are provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Sites (the “Agreement”).

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Cubcakes Dance Crew. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Cubcakesdance.com aggressively enforces its intellectual property rights to the fullest extent of the law. The names, logos, brand names, images, designs, photographs, video clips and written and other materials of Cubcakes Dance Crew, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from cubcakesdance.com.
Cubcakes Dance Crew prohibits use of any logo of Cubcakes Dance Crew or any of its affiliates as part of a link to or from any Website unless Cubcakes Dance Crew approves such link in advance and in writing. Fair use of Cubcakes Dance Crew’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than cubcakesdance.com. Such links are provided for your reference only. Cubcakes Dance Crew does not monitor or control outside Websites and is not responsible for their content. Cubcakes Dance Crew’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does cubcakesdance.com’s inclusion of the links imply that cubcakesdance.com is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as cubcakesdance.com determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Cubcakesdance.com does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

User Comments, Feedback, and Other Submissions

Cubcakes Dance Crew is pleased to hear from users and welcomes your comments regarding our products and services.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead cubcakesdance.com or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Cubcakes Dance Crew takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”). This Agreement incorporates

Product Information

The product prices displayed on cubcakesdance.com are quoted in U.S. Dollars.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on cubcakesdance.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors & Style

We have made every effort to display as accurately as possible the colors and styles of our products that appear at cubcakesdance.com. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.

Links to Other Web Sites and Services

Cubcakesdance.com may contain links to other Web sites that are not under the control of Cubcakes Dance Crew. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of cubcakesdance.com’s users.

Refunds

We issue refunds within 14 days of your original purchase date.

Indemnification

You agree to defend, indemnify and cubcakesdance.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Informal Dispute Resolution.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Cubcakes Dance Crew agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Cubcakes Dance Crew, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Cubcakes Dance Crew agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and cubcakesdance.com expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration via email to cubcakesdancecrew@gmail.com. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either you or cubcakesdance.com may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and cubcakesdance.com agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and cubcakesdance.com hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or cubcakesdance.com. You may terminate this Agreement at any time. Cubcakes Dance Crew also may terminate this Agreement at any time without notice, and accordingly may deny you access to cubcakesdance.com, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

This Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of cubcakedance,com’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.