Terms of Service
Last updated: October 27, 2025
Section 1 – Overview
Welcome to Cubberd! The terms “we,” “us,” and “our” refer to Cubberd LLC (“Cubberd”). Cubberd operates this store and website, including all related information, content, features, tools, products, and services in order to provide you with a curated shopping experience (the “Services”). Cubberd is powered by Shopify, which enables us to provide the Services to you.
These Terms, together with any policies referenced herein (the “Policies”), 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 cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
Section 2 – Access and Account
To use the Services, including accessing or browsing our online stores or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 3 – Customer Representations
By using the Services, you represent and warrant that (1) you are at least 18 years of age and have full legal capacity to enter into these Terms; (2) all information you provide in connection with purchases or your account is true, complete, and current; (3) you will use the Services only in compliance with these Terms and all applicable laws; and (4) you will not engage in any fraudulent, abusive, or unlawful conduct on or through the Services.
Section 4 – Our Products
We have made every effort to provide an accurate representation of our products in our online store. Colors or product appearance may differ based on device used and settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, region, or jurisdiction, on a case-by-case basis.
Section 5 – Orders
When you place an order, you are making an offer to purchase. Cubberd reserves the right to accept or decline your order at its discretion. Your order is not accepted until Cubberd confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Cubberd may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at the time of order.
Your purchases are subject to our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 6 – Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
We may offer promotions on the Services that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store and to promptly update your account and other information so that we can complete your transactions and contact you as needed.
Section 7 – Shipping and Delivery
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 8 – Intellectual Property
All content and materials made available through the Services, including but not limited to text, graphics, logos, product names, designs, images, videos, data compilations, software, and the selection and arrangement thereof (collectively, the “Content”), are the property of Cubberd LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
The Cubberd name, logo, trade dress, product names, and related marks are trademarks or trade dress of Cubberd LLC. You may not use any Cubberd trademark, logo, or other proprietary graphic without our prior written consent.
Except as expressly permitted in writing, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from the Services. Nothing in these Terms grants any license or right to use any of Cubberd’s intellectual property. All rights not expressly granted are reserved by Cubberd LLC.
By submitting or providing any suggestions, feedback, ideas, or other materials to Cubberd (collectively, “Feedback”), you grant Cubberd a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and distribute such Feedback for any purpose without obligation or compensation to you.
Section 9 – Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Section 10 – Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or sites, you do so at your own risk.
Section 11 – Relationship with Shopify
Cubberd is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Cubberd. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cubberd, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cubberd.
Section 12 – Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them.
Section 13 – Feedback
If you submit any ideas, suggestions, or other feedback to Cubberd (“Feedback”), you grant Cubberd a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, modify, publish, and distribute that Feedback in any medium and for any purpose without obligation or compensation to you. You represent that you have all necessary rights to provide such Feedback and that it complies with these Terms.
Section 14 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 15 – Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable law or regulation;
(c) to infringe upon or violate our intellectual-property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to send any unsolicited advertising or promotional material;
(g) to impersonate another person or entity;
(h) to upload or transmit any viruses or other malicious code; or
(i) to interfere with or circumvent the security features of the Services.
Section 16 – Termination
We may terminate these Terms or your access to the Services at any time in our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination.
The provisions that by their nature should survive termination shall survive termination of these Terms.
Section 17 – Disclaimer of Warranties
Except as expressly stated by Cubberd, the Services and all products offered through the Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Section 18 – Health & Wellness Disclaimer
Cubberd does not provide medical advice, diagnosis, or treatment. The products, statements, and content available through the Services have not been evaluated by the U.S. Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Information on the website is for informational purposes only and not a substitute for professional medical advice. Always consult your physician or other qualified health-care provider before using any product, particularly if you are pregnant, nursing, taking medication, or have a medical condition.
Section 19 – Parental Purchase and Responsibility
Cubberd sells its products to adults for lawful household use. Purchases must be completed by individuals who are at least 18 years of age or the age of majority in their jurisdiction.
Parents and legal guardians are solely responsible for determining how Cubberd products are used within their household and for supervising such use. All products should be stored, handled, and used under the oversight of a responsible adult.
Cubberd does not market or sell products directly to children. By completing a purchase, you acknowledge that Cubberd provides its products to adults, and that any use by minors occurs only under the direction and responsibility of the purchasing adult.
Cubberd disclaims all liability for misuse, overconsumption, unsupervised access, or injury arising from use by minors without appropriate adult oversight.
Section 20 – Limitation of Liability
To the maximum extent permitted by law, Cubberd LLC and its affiliates, officers, employees, contractors, suppliers, and distributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
Section 21 – Product Liability Limitation
To the maximum extent permitted by law, Cubberd LLC and its affiliates, officers, employees, suppliers, and distributors are not liable for any injury, illness, loss, or damages arising from or relating to the purchase, handling, storage, or use of any product obtained through our Services, except where such damages result solely from a verified manufacturing defect.
If a manufacturing defect is confirmed, Cubberd’s liability shall be limited exclusively to the purchase price of the affected product, or, at Cubberd’s election, replacement or refund of that product. This remedy is the sole and exclusive remedy available for any product-related claim.
By purchasing or using Cubberd products, you acknowledge and agree that (1) products must be used only as described on their labeling or packaging; (2) you assume all risk from misuse, alteration, improper storage, or failure to follow instructions; and (3) Cubberd disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Section 22 – Limited Warranty
Cubberd warrants only that its products are free from material defects in manufacturing and workmanship at the time they leave Cubberd’s possession.
This limited warranty applies solely to the original purchaser and is limited to replacement or refund, at Cubberd’s discretion, of any product determined by Cubberd to be defective in manufacturing or workmanship when properly reported within 30 days of delivery with proof of purchase.
This limited warranty does not cover damage or issues resulting from misuse, modification, improper storage, ordinary wear and tear, or failure to follow provided instructions. Except as expressly stated in this Section, no other warranties, express or implied, are given, and Cubberd’s responsibility is limited as described above.
Section 23 – Indemnification
You agree to indemnify, defend, and hold harmless Cubberd LLC, its affiliates, officers, directors, employees, contractors, licensors, agents, and suppliers from and against all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(1) your violation of these Terms or any law;
(2) your misuse of any product or Service;
(3) any claim that your Feedback, User Content, or conduct caused harm to another person; or
(4) any dispute between you and a third party related to your purchase or use of our Services.
Cubberd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate fully.
Section 24 – Chargebacks and Payment Disputes
By purchasing through the Services, you agree to follow Cubberd’s posted Refund and Return Policy.
You agree not to initiate any chargeback or payment dispute with your card issuer or payment provider without first contacting Cubberd and allowing a reasonable opportunity to resolve the issue.
Cubberd reserves the right to dispute any improper chargeback and to recover any related fees, costs, or damages.
Section 25 – Survival
Any provisions of these Terms that by their nature should survive termination—including, without limitation, Sections on Intellectual Property, Product Liability, Limitation of Liability, Indemnification, and Arbitration—shall remain in effect after termination or expiration of these Terms or your use of the Services.
Section 26 – Force Majeure
Cubberd LLC shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of nature, fire, flood, weather, earthquake, pandemic, war, terrorism, labor disputes, transportation interruptions, government actions, or failures of suppliers, carriers, or communication systems.
Cubberd’s obligations will be suspended for the duration of such event and resume as soon as practicable.
Section 27 – No Waiver
Failure by Cubberd to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights Cubberd may have.
Section 28 – Entire Agreement
These Terms, together with all incorporated policies and notices, constitute the entire agreement between you and Cubberd LLC concerning your use of the Services and supersede all prior or contemporaneous understandings or agreements, whether written or oral.
Section 29 – Third-Party Services and Tools
The Services may include links to, or integrations with, third-party websites, applications, or tools that are not controlled by Cubberd.
Such access is provided “as is” and “as available,” without warranties of any kind.
Cubberd is not responsible for the content, accuracy, or reliability of third-party services, and your use of them is entirely at your own risk and subject to the applicable third-party’s terms.
Section 30 – Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
You and Cubberd consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
Section 31 – Headings
Headings are included for convenience only and do not limit or otherwise affect these Terms.
Section 32 – California Consumer Rights Notice
Pursuant to California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice:
If you have a complaint regarding the Services or wish to receive further information regarding use of the Services, please contact us at hello@cubberd.com or by mail at 22287 Mulholland Hwy #888, Calabasas, CA 91302.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Section 33 – Changes to Terms
Cubberd LLC may modify these Terms at any time by posting an updated version on this page with a revised “Last Updated” date.
Changes become effective upon posting. Your continued use of the Services after such posting constitutes acceptance of the modified Terms.
Section 34 – Contact Information
Questions about the Terms should be sent to hello@cubberd.com.
Cubberd LLC
22287 Mulholland Hwy #888
Calabasas, CA 91302
hello@cubberd.com
Section 35 – Product Subscriptions
If you purchase any physical products on a subscription or recurring-delivery basis (“Product Subscription”), the following terms apply:
- Automatic Renewals — You authorize Cubberd to automatically charge your payment method for each recurring shipment at the frequency and price displayed at the time of purchase until canceled.
- Managing and Canceling — You must manage or cancel your Subscription through your Cubberd account at https://cubberd.com/account. Cancellations via email, social media, or customer service are not accepted.
- Cancellation Policy — You may cancel anytime before your next billing date to avoid further charges.
- Failed Payments — Failed payments may result in suspension or cancellation of your Subscription.
- No Refunds for Processed Orders — Subscription charges are non-refundable once billed.
- Product Availability — If a product becomes unavailable, Cubberd may offer a comparable substitute or skip that shipment with notice.
Section 36 – Promotions & Rewards Policy
Promotional offers, coupon codes, loyalty points, and referral rewards (collectively, “Promotions”) are subject to terms announced at the time of the Promotion. Unless expressly stated, Promotions:
(a) cannot be combined; (b) are non-transferable and have no cash value; (c) may be modified, suspended, or terminated at any time; (d) may exclude certain products or collections; and (e) may be void where prohibited.
Errors or system issues may result in cancellation or modification of any Promotion.
Section 37 – User-Generated Content & Reviews
Cubberd may allow users to submit reviews, photos, videos, testimonials, or other content (“User Content”). You represent that User Content is accurate and lawful and does not infringe any third-party rights.
If you upload content and explicitly agree (via checkbox, digital signature, or written consent) that Cubberd may post it publicly, you assign and transfer all rights, title, and interest in and to that specific content to Cubberd LLC. Cubberd becomes the exclusive owner of that content and may edit, reproduce, distribute, or display it in any media. If you do not give explicit permission to post publicly, you retain ownership and Cubberd will only use the content internally for review and moderation.
Cubberd may moderate or remove User Content at its discretion.
Section 38 – SMS and Email Marketing Consent
By opting in to receive marketing communications from Cubberd, you consent to receive recurring promotional messages via text and email. Message frequency varies; message and data rates may apply. Consent is not a condition of purchase. You may opt out of texts at any time by replying STOP and opt out of emails via the Unsubscribe link. See our Privacy Policy for details on data handling.
Section 39 – Binding Arbitration and Class Action Waiver
A. Agreement to Arbitrate. To the fullest extent permitted by law, you and Cubberd agree that any dispute, claim, or controversy arising out of or relating to your access or use of the Services, purchase of any products, or these Terms shall be resolved through binding individual arbitration rather than in court, except that either party may bring qualifying claims in small-claims court in Los Angeles County, California.
B. Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (FAA) and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at https://www.adr.org. The arbitrator has exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this agreement.
C. Location and Format. Unless otherwise agreed, arbitration hearings will occur in Los Angeles County, California, or virtually by video conference.
D. Fees and Costs (Balanced). Each party shall bear its own attorneys’ fees and costs and share equally in administrative and arbitrator fees unless otherwise required by law or the AAA Rules. If the arbitrator determines a claim is frivolous, the prevailing party may recover reasonable fees and costs to the extent permitted by law.
E. No Class or Representative Actions. Claims may be brought only in an individual capacity, not as a class member or representative. The arbitrator may not consolidate more than one person’s claims or preside over any representative proceeding.
F. Opt-Out Option. You may opt out of this arbitration agreement within 14 days after your first purchase or account creation by sending written notice to: Cubberd LLC, 22287 Mulholland Hwy #888, Calabasas, CA 91302, or hello@cubberd.com with the subject line “Arbitration Opt Out.” Include your full name, billing address, and the email associated with your account.
G. Venue and Enforcement. Any judicial proceeding permitted under this arbitration agreement (including to confirm, modify, or vacate an award) must be filed in Los Angeles County, California.
H. Severability and Survival. If any portion of this Section is found unenforceable, it shall be severed and the remainder will remain in full force. This arbitration provision survives termination of your relationship with Cubberd.
Section 40 – Governing Language
These Terms and any related documents have been drafted in English. Any translation is provided for convenience only, and the English version will prevail in case of any inconsistency.
Section 41 – Cookie & Tracking Disclosure
Cubberd uses cookies, pixels, and similar technologies to operate the site, analyze traffic, and deliver personalized advertising. You can manage cookies in your browser settings and learn more in our Cookie & Tracking Disclosure. California residents may exercise rights under CPRA, including the right to opt out of sale or sharing of personal information, via the “Do Not Sell or Share My Personal Information” link or by contacting hello@cubberd.com.
Section 42 – Accessibility Statement
Cubberd is committed to providing an accessible website and strives to follow WCAG 2.1 Level AA guidelines. If you experience difficulty accessing content or completing a purchase, please contact hello@cubberd.com for assistance.