Welcome to CUBIT PLANNING'S website (the "Site"). This
Agreement contains the terms, covenants, conditions and
provisions (the "Terms and Conditions") upon which you (the
"User") may access and use this Site.
Terms and Conditions
By visiting the Site, you, the User, indicate that you
understand these Terms and Conditions and intend them to be the
legal equivalent of a signed, written contract and equally
binding, and that you accept such Terms and Conditions and agree
to be legally bound by them without any limitation or
qualification. If you do not agree to these Terms and
Conditions, please discontinue your use of the Site. CUBIT
PLANNING reserves the right to change the Terms and Conditions
under which this Site and its offerings are extended to you. Any
such change shall be effective upon notice, which may be given
by CUBIT PLANNING's posting such change on the Site, by
e-mail, or any other reasonable way. Your continued use of the
Site following notice of such modifications will be conclusively
deemed acceptance of any changes to these Terms and Conditions.
You agree that notice of changes to these Terms and Conditions
on the Site, delivered by email, or provided in any other
reasonable way constitutes reasonable and sufficient notice.
1. Grant of License
These terms and conditions provide you, the User, with a
personal, revocable, nonexclusive, nontransferable license to
use this Site conditioned on your continued compliance with
these Terms and Conditions. Users may print and download
materials and information on this Site solely for personal and
noncommercial use or, only to the extent permitted by an Other
Agreement (defined below) for internal business use, provided
that in all cases all hard copies contain all copyright and
other applicable notices contained in such materials and
information, and for the purpose of doing business with CUBIT
PLANNING. Notwithstanding the foregoing and except as otherwise
expressly permitted herein, a User may not modify, copy,
distribute, broadcast, transmit, reproduce, publish, license,
transfer, sell, scrape, mirror, frame, or otherwise use any
information or material obtained from or through this Site. As a
further condition of use of this Site, all Users warrant to
CUBIT PLANNING that they will not use this Site for any purpose
that is unlawful, prohibited by any applicable regulation or is
otherwise inconsistent with these Terms and Conditions. You
further warrant that you will not attempt or actually
systematically extract data contained in this Site to populate
databases for internal or external use.
2. Provision of Information
When you provide information to CUBIT PLANNING through the Site,
you agree to provide true, accurate, current and complete
information about yourself. You also agree not to impersonate
any person or entity; misrepresent any affiliation with another
person, entity or association; or conceal your identity from
CUBIT PLANNING for any purpose.
3. Notices, Communications, and Electronic Signatures
You agree to be bound by any affirmance, assent or agreement you
transmit through the Site. You agree that, when in the future
you visit the Site, your agreement or consent to these Terms and
Conditions will be legally binding and enforceable and the legal
equivalent of your handwritten signature.
4. Intellectual Property Rights
All material contained on this Site, unless otherwise indicated,
is protected by law including, but not limited to, United States
copyright and trademark law, as well as other state, national,
and international laws and regulations. Except as expressly
provided herein, CUBIT PLANNING does not grant any express or
implied right(s) to Users of this Site. Copyright and other
proprietary rights in the Site, or portions thereof, may be held
by individuals and/or entities other than CUBIT PLANNING.
Removing or altering the copyright notice on any material on
this Site is prohibited. CUBIT PLANNING owns a copyright in the
Site as a collective work and/or compilation, and in the
selection, coordination, arrangement, and enhancement of the
CUBIT PLANNING, INC., the CUBIT PLANNING logo, and all other
trademarks, names, logos, and icons identifying CUBIT PLANNING
or CUBIT PLANNING's products and services are proprietary marks
of CUBIT PLANNING and are registered and/or common law
trademarks of CUBIT PLANNING, and may not be copied, imitated or
used, in whole or in part, without the prior written permission
of CUBIT PLANNING. In addition, the look and feel of the Site,
including all page headers, custom graphics, button icons and
scripts, is the service mark, trademark and/or trade dress of
CUBIT PLANNING and may not be copied, imitated or used, in whole
or in part, without the prior written permission of CUBIT
PLANNING. All other trademarks, registered trademarks, product
names and company names or logos mentioned in the Site are the
property of their respective owners. Reference to any products,
services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation
thereof by CUBIT PLANNING.
The contents of this Site are © CUBIT PLANNING, INC. All
Any information that you submit to CUBIT PLANNING or that CUBIT
PLANNING collect through the Site is subject to our Privacy
Policy, the terms of which are incorporated into these Terms
summary of CUBIT PLANNING's practices regarding the collection
and use of personal information. Acceptance of these Terms and
Conditions constitutes consent to CUBIT PLANNING's collection
and use of personal information as outlined therein.
6. Your Registration Information
You agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration
forms on the Site ("Registration Data"); (b) maintain the
security of your password; (c) maintain and promptly update the
Registration Data, and any other information you provide to
CUBIT PLANNING, and to keep it accurate, current and complete;
and (d) accept all risks of unauthorized access to the
Registration Data and any other information you provide to CUBIT
7. Compliance with Applicable Laws
User's access to this Site is governed by all applicable
federal, state and local laws. You agree to fully comply with
all such laws.
8. Code of Conduct
You agree not to do any of the following:
1. Restrict or inhibit any other user from using and enjoying
the Site. This includes, without limitation: (a) using, or
attempting to use, any account without the owner's permission,
(b) obtaining or soliciting another person's password or other
personal information under false pretenses, or(c) impersonating
another user or otherwise misrepresenting yourself to CUBIT
PLANNING, our affiliates, the Site's systems, or other entities.
2. Interfere (or attempt to interfere) with the operation of the
Site. This includes, without limitation: (a) interfering with,
defeating, or circumventing any security function of the Site,
or attempting to do so, or (b) accessing, or attempting to
access, any portion of the Site that you are not authorized to
access. Unauthorized access (or attempts) may subject you to
civil and/or criminal penalties.
3. Post, upload to, transmit, distribute, store, create or
otherwise publish any knowingly inaccurate or misleading
personal or financial information.
4. Post, upload to, transmit, distribute, store, create or
otherwise publish any unlawful, threatening, defamatory,
obscene, inflammatory, pornographic, profane, or otherwise
objectionable (as determined by CUBIT PLANNING) information or
5. Post, upload to, transmit, distribute, store, create or
otherwise publish any information or material that could
constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise
violate any law, including, without limitation, the regulations
of the U.S. Securities and Exchange Commission or any rules of a
securities exchange such as the New York Stock Exchange, the
American Stock Exchange or the NASDAQ.
6. Use the Site to post, upload to, transmit, distribute, store,
create or otherwise publish any information or software that
contains a virus, worm, Trojan horse, or other harmful or
7. Post, upload to, transmit, distribute, store, create or
otherwise publish any material protected by copyright, trademark
or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected by
copyright rests with you. You are solely responsible for
determining whether any material you post, upload to, transmit,
distribute, store, create or otherwise publish is subject to a
third party's rights. You shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
8. Use the Site for any unlawful purpose.
9. Modify, adapt, sublicense, translate, resell, retransmit,
reverse engineer, decompile or disassemble any portion of the
10. Impersonate any person or entity, or misrepresent any
affiliation with another person, entity or association.
11. Post, upload to, transmit, distribute, store, create or
otherwise publish any advertising, promotion, or solicitation of
goods or services for commercial purposes except in any areas of
the Site specifically designated for such purpose (and subject
to applicable Site rules).
12. Misuse any e-mail function available on or through the Site.
This includes, without limitation, (a) sending unsolicited
commercial e-mail to any account that causes complaints from the
recipients, (b) continuing to send commercial e-mail to a
recipient if recipient has requested that you discontinue such
communication, (c) sending bulk e-mails, "spam," chain letters,
"mail bombs," or other disruptive transmissions, or (d) forging
message headers or otherwise concealing an e-mail address or
preventing others from responding to a message, or attempting to
9. Assumption of Risk
Use of the Internet and this Site is solely at your own risk and
is subject to all applicable local, state, national, and
international laws and regulations. While CUBIT PLANNING has
endeavored to create a secure and reliable Site, please be
advised that the confidentiality of any communication or
material transmitted to/from this Site over the Internet cannot
be guaranteed. Accordingly, CUBIT PLANNING and its employees,
agents, directors, officers, proprietors, partners,
representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns are not responsible for
the security of any information transmitted via the Internet.
The User assumes sole and complete risk for using this Site and
must make his or her own determination as to these matters.
10. Law Enforcement
CUBIT PLANNING reserves the right to view, monitor, and record
activity on the Site without notice or permission from you. Any
information obtained by monitoring, reviewing, or recording is
subject to review by law enforcement organizations in connection
with investigation or prosecution of possible criminal activity
on the Site. CUBIT PLANNING will also comply with all court
orders involving requests for such information.
11. Third Party Services; Links to Other Sites
CUBIT PLANNING, in its sole discretion, may offer links to other
web sites ("third-party sites") that may offer various products,
services, and/or information. Users should be aware that use of
these third-party web sites may be subject to separate terms and
conditions, information collection practices, and other
provisions. CUBIT PLANNING cannot ensure that users will be
satisfied with any products or services offered and/or purchased
from such third-party sites. CUBIT PLANNING does not endorse any
of the products or services offered in any third-party sites.
Further, CUBIT PLANNING has not taken any steps to confirm the
correctness, accuracy, or reliability of any information
contained in any third-party sites. CUBIT PLANNING expressly
disclaims any responsibility for the privacy policies,
information collection practices, the content, the accuracy of
the information, and/or quality of products or services provided
by or advertised on these third-party sites. Before proceeding
with any transaction with any third-party site, whether the
transaction is on-line or off-line, it shall be the sole
responsibility of the User to conduct whatever investigation
such User deems necessary and appropriate.
12. Events Beyond CUBIT PLANNING's Control
Users expressly absolve and release CUBIT PLANNING from any
claim of harm resulting from a cause beyond CUBIT PLANNING's
control including, but not limited to, failure of electronic or
mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses, unauthorized access,
theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, terrorism, or
WHILE CUBIT PLANNING ENDEAVORS TO PROVIDE ACCURATE AND TIMELY
INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, CUBIT PLANNING
MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE
INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR
RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
CUBIT PLANNING MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY,
COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR
JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR
THROUGH THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
CUBIT PLANNING assumes no liability or responsibility for any
errors or omissions on the Site; any failures, delays or
interruptions in the Site's accessibility; any losses or
damages arising from the use of the Site; any conduct by other
users of the Site; or unauthorized access to or use of the Site
or servers. CUBIT PLANNING reserves the right to deliver the
Site in CUBIT PLANNING'S sole discretion. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUBIT
PLANNING SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS
IN NO EVENT SHALL CUBIT PLANNING OR ANY OF CUBIT
PLANNING'S SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES
AND AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO
USE THIS SITE, ANY INFORMATION AVAILABLE ON THIS SITE, OR
OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF
CUBIT PLANNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CUBIT
PLANNING AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. Some states do not allow the limitation or
exclusion of liability for certain damages, so some of the above
limitations may not apply to you, in which case CUBIT
PLANNING'S liability shall be limited to the maximum
extent permitted by applicable law.
You agree that you are responsible for your behavior in
connection with the Site. CUBIT PLANNING shall not be liable for
claims made against you or CUBIT PLANNING arising out of your
use of the Site, and you agree to defend, indemnify, and hold
harmless CUBIT PLANNING and its affiliates and all of their
employees, agents, directors, officers, proprietors, partners,
representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns, from and against any and
all claims, proceedings, damages, injuries, liabilities, losses,
costs, and expenses (including reasonable attorneys' fees and
litigation expenses), relating to or arising from your use of
the Site or any breach by you of these Terms and Conditions.
CUBIT PLANNING reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event
settle any matter without the written consent of CUBIT PLANNING.
You agree to cooperate as fully as reasonably required in CUBIT
PLANNING's defense of any claim.
CUBIT PLANNING also welcomes your feedback and suggestions about
how to improve our products and services and this Site. Any
ideas, suggestions, information, know-how, material, or any
other content (collectively, "content") received through this
Site, however, will be deemed to include a royalty-free,
perpetual, irrevocable, nonexclusive right and license for CUBIT
PLANNING to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works, display, (in
whole or part) worldwide, or act on such content without
additional approval or consideration, in any form, media, or
technology now known or later developed for the full term of any
rights that may exist in such content, and User hereby waives
any claim to the contrary. CUBIT PLANNING takes no
responsibility for such content received through this site, nor
does CUBIT PLANNING have any obligation to monitor such content.
CUBIT PLANNING shall have the right, but not the obligation, to
monitor any such content to determine compliance with these
Terms and Conditions and to satisfy any law, regulation or
authorized government request.
16. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S.
copyright law. CUBIT PLANNING reserves the right to remove any
material on the Site which allegedly infringes another person's
copyright. If you believe in good faith that materials hosted by
CUBIT PLANNING infringe your copyright, you (or your agent) may
send us a notice requesting that the materials be removed, or
access to them blocked.
Such notice must meet statutory requirements imposed by the DMCA
and must be in writing and include the following information in
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has
been infringed. Please describe the work and, where
possible, include a copy or the location (e.g., URL) of an
authorized version of your work;
3. A description of the material that you claim to be
infringing, as well as its location on the Site;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that
the disputed use of the materials is not authorized by the
copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright owner or authorized to act on the
copyright owner's behalf.
If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA
permits you to send us a counter-notice.
Notices and counter-notices for the Site should be sent to:
6800 West Gate Blvd. Ste.132-366
Austin, Texas 78745-4868
We suggest that you consult your legal advisor before filing a
notice or counter-notice. Also, be aware that there can be
substantial penalties for false claims.
17. Governing Law
These Terms and Conditions are governed by and will be construed
and enforced in accordance with the laws of the State of Texas
as applied to agreements entered into and completely performed
in the State of Texas. Any dispute, controversy or claim arising
out of or relating to these Terms and Conditions, including any
disputes relating to the content of the Site, whether sounding
in contract, tort or otherwise, shall be finally resolved by
arbitration. The arbitration shall be conducted by one
arbitrator in English and in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, which
shall administer the arbitration and act as appointing
authority. The place of the arbitration shall be Austin, Texas.
The decision of the arbitrator shall be binding upon the parties
hereto, and the expense of the arbitration (including without
limitation the award of attorneys' fees to the prevailing party)
shall be paid as the arbitrator determines. The decision of the
arbitrator may be entered by any court of competent
jurisdiction. You agree to submit to the jurisdiction of the
state and federal courts in Texas for the purposes of any
judicial proceedings to obtain interim relief and in aid of the
arbitration or judicial proceedings to confirm or enforce the
award. Notwithstanding the foregoing, CUBIT PLANNING may seek
preliminary injunctive relief from a court of law in the event
of a breach by you. This Site is controlled and operated by
CUBIT PLANNING from its offices within the United States. CUBIT
PLANNING makes no representation that materials in the Site are
appropriate or available for use in other locations, and access
to them from territories where any of the contents of this Site
are illegal is prohibited. Those who choose to access this Site
from other locations do so of their own volition and are
responsible for compliance with applicable local laws.
Failure to insist on strict performance of any of these Terms
and Conditions will not operate as a waiver of any subsequent
default or failure of performance. No waiver by CUBIT PLANNING
of any right under these Terms and Conditions will be deemed to
be either a waiver of any other right or provision or a waiver
of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be
invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and the liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most clearly matches the intent of the original
provision and the remainder of these Terms and Conditions shall
continue in effect.
No joint venture, partnership, employment, or agency
relationship exists between a User and CUBIT PLANNING as a
result of these Terms and Conditions or User's utilization of
21. Termination and Modification
CUBIT PLANNING reserves the right in its sole discretion to
terminate, block or restrict your use of the Site or any portion
thereof, for any or no reason, and without notice, obligation or
liability to you or any other person. In addition, CUBIT
PLANNING reserves the right in its sole discretion to terminate
or modify any Site feature or offering, without notice, for any
or no reason, and without notice, obligation or liability to you
or any other person.
You may not, nor may you allow others to, directly or
indirectly, attempt to or actually disrupt, impair or interfere
with, alter or modify the Site or any content. You may not, nor
may you allow others to, directly or indirectly, collect or
attempt to collect any information about others.
23. Entire Agreement/Reservation of Rights
Your rights to use certain material available on or through the
Site may be subject to separate written agreements with CUBIT
PLANNING ("Other Agreements"). Particular pages or features of
the Site with content supplied by CUBIT PLANNING or its
licensors may be different or additional terms ("Special
Terms"), which will be disclosed to you when you access those
pages or features, and by accessing or using such pages and
features, you will be deemed to have agreed to the applicable
Special Terms. If there is a conflict between these Terms and
Conditions and the Special Terms, the Special Terms will govern
with respect to such pages or features or content. With the
exception of any Other Agreements, and Special Terms, these
Terms and Conditions, together with the CUBIT PLANNING Privacy
Policy, which is hereby incorporated as if set forth fully
herein, represent the entire agreement between the User and
CUBIT PLANNING with respect to use of and material available on
or through this Site, and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or
written between the User and CUBIT PLANNING with respect to this
Site. Any rights not expressly granted herein are reserved.
We value your privacy. We won't sell, borrow, hint at or share your personal information with anyone. Period.
Thank you for visiting Cubit Planning, Inc.'s Web site. CUBIT
PLANNING is committed to protecting your privacy, and the following
dissemination practices in connection our Web sites ("Sites"),
By using any of our Sites, you agree to the collection, use and
disclosure of your personal information as described in this Privacy
then please do not use a Site or such publications.
BY USING THE SITE, YOU AGREE TO OUR COLLECTION, USE AND MAINTENANCE
OF YOUR INFORMATION.
If you have comments, concerns, or questions regarding this Privacy
Policy, or would like to be removed from any of our lists, please
contact CUBIT PLANNING: [email protected]
Information Collection and Use
CUBIT PLANNING is the sole owner of any information we collect about
visitors to our Sites. CUBIT PLANNING uses contact and other information voluntarily given
by our users or obtained through Site tracking to enhance user
experience on our Sites by personalizing the experience. Information
is also requested and used for the purpose of filling orders,
enabling attendance at our events, providing newsletters/alerts, and
fulfilling other requests. In addition, we may use the information to
identify and contact you regarding potential services that we feel
will be of interest to you or provide you with information and
promotional materials and offers from our company as well as from our
affiliates, other related companies, marketing partners and other
third parties. We also use the information gained to plan future content
based on users' interests and our assessment of important trends and
issues in the industries we serve. The information gained may also be
used to help us plan other CUBIT PLANNING services as well as future
If you provide information to us about the company you work for, we
will assume that such information is accurate and that you have the
authority to provide such information.
We may also collect contact and other information from you if you:
(1) participate in one of our contests or sweepstakes; (2) order from us;
(3) take part in one of our surveys; (4) contact us; (5) register for any
of our events (webcasts, seminars, etc.), or (6) otherwise voluntarily
submit information to us, including in our online communities or
Any personal information or content that you voluntarily upload or submit
for posting to a Site or any Interactive Areas (including your name and
information in your blogs or in any Interactive Area, biographies,
professional information, business information, photos, videos, ratings,
reviews and comments) becomes publicly available and can be collected and
used by others. It may also be available to third party search engines.
In addition, we may from time to time use software that uses your IP address
to determine roughly where you are located, so that we can deliver
advertisements to you, while you are on the Site, based on your location and
therefore as relevant to you as possible.
From time to time, CUBIT PLANNING will share aggregated demographic
information and user data with our partners. This data/information is not linked
to any personal information that can identify any individual person.
In the event that we engage or partner with third party vendors, consultants or
other service providers in connection with the operation of the Site and our
business ("Service Providers"), we may share personal information with such
Service Providers who need access to such information to carry out their work
for us. For example, we may use credit card processing or verification service
companies to verify credit card information. In addition, we may offer various
features through a third party service provider. When you use these services,
you are providing information directly to the provider of these services, and the
are not responsible for any information you provide to these parties directly,
and we encourage you to become familiar with their practices before disclosing
information directly to such third parties with which you come into contact.
In addition, we may disclose the information collected from and about you as
follows: (1) to our affiliated companies; (2) as necessary, if we believe that
there has been a violation of our Site Terms and Conditions or of our rights or
the rights of any third party; (3) to respond to judicial process and provide
information to law enforcement agencies or in connection with an investigation
on matters related to public safety, as permitted by law, or otherwise as
required by law; and (4) as disclosed to you at the point of collection. In
addition, if our company or substantially all of its assets are acquired, your
personal information may be one of the transferred assets.
Registration and Information Requests
To use certain portions of our Sites and to access certain requested content
and information, a user must first complete registration and request forms.
During registration and requests, users are required to give their contact
information (such as name and e-mail address). This information is used to
provide the user with a more personalized online experience, to process requests
and orders, to track preferences and topics of interest, and to contact the user
about products and services on our Site for which interest has been expressed.
We request information from the user on our order form. Here, a user may be
required to provide contact information (like name and shipping address) and
financial information (like credit card number and expiration date). This
information is used for billing purposes and to fill customer orders. If we have
problems processing an order, this information is used to contact the user. Credit
card data is only used to complete a credit card transaction, and is never stored
in our databases, unless you opt-in to have CUBIT PLANNING store your credit card
data for future use or company orders.
Like most Web sites, we also collect certain anonymous information from you while
you are visiting our Site. This may include the numerical Internet protocol (IP)
address of the computer you are using, the browser software you use and your
operating system, the date and time you access our site, and the Internet address
of the web site from which you linked directly to our Site. Additionally, we may
collect information detailing which pages you visited on the Site and how you got
there. This information is collected in the aggregate and is used only to provide
us with a statistical overview of our Site usage. We use this information to
analyze trends, administer the Site, track user movement, personalize the user
experience, and gather broad demographic information for aggregate use. This data
may be linked to personally identifiable information for these purposes.
is a small amount of data, which often includes an anonymous unique identifier that
is sent to your browser from a Web site's computers and stored on your computer's
hard drive. Each Web site can send its own cookies to your browser if your browser's
preferences allow it, but (to protect your privacy) your browser only permits a Web
site to access the cookies it has already sent to you, not the cookies sent to you
by other sites.
Choices About Cookies
You can configure your browser to accept all cookies, reject all cookies, or notify
you when a cookie is sent. Each browser is different, so check the "Help" menu of
your browser to learn how to change your cookie preferences. If you reject all
cookies, you may not be able to use all parts of CUBIT PLANNING's Sites, and you
will not be able to take full advantage of all offerings.
CUBIT PLANNING's Practices Regarding Cookies
CUBIT PLANNING uses its own cookies for a number of purposes, including to:
* Access your information when you visit our Sites, so we can provide you with
customized experiences and content
* Keep track of preferences you specify while you are using CUBIT PLANNING's
services - for example, the items in your shopping cart or topical interests
* Display the most appropriate content and messages, based on your defined preferences,
interests, and activity with CUBIT PLANNING
* Estimate and report our total audience size and traffic
Other Companies' Cookies on CUBIT PLANNING Web Sites
We may also use third parties to serve ads on the Site, provide certain functionalities
(such as maps), or to collect, track and analyze non-personally identifiable usage and
volume statistical information from users, such as the user's browser type, operating
system, browsing behavior and demographic information. These third parties may collect
personal information from you in connection with the services they provide and may
place cookies, web beacons or other devices on your computer to collect nonpersonal
information which may be used, among other things, to deliver advertising targeted to
your interests and to better understand the usage and visitation of our Site and the
other sites tracked by these third parties. We are not responsible for, and do not
control, any actions or policies of any third party service providers. Other
companies' use of such data, cookies, web beacons or other devices is subject to their
control over, these cookies, web beacons or other devices; in addition, we do not
monitor or control the content of other companies' privacy policies, nor do we monitor
or control their compliance with such policies.
Our Sites may contain links to other sites. Please be aware that CUBIT PLANNING is
not responsible for the privacy practices of such other sites. We encourage our users
to be aware when they leave our Site and to read the privacy statements of each Web
applies solely to information collected by CUBIT PLANNING Sites.
E-Mail Newsletters and Alerts
If a user wishes to subscribe to our newsletters and alerts, we ask for contact
information such as e-mail address. Each issue of all CUBIT PLANNING e-mail newsletters
includes clear and simple instructions to unsubscribe.
As part of CUBIT PLANNING'S pledge to protect your privacy, we have implemented
technologies and security policies to protect the stored personal data of our users
from unauthorized access. We cannot, however, guarantee that such technologies and
policies will be effective, which you should consider when disclosing information
to us through CUBIT PLANNING'S Sites.
Site and Service Updates
We occasionally send customers and users Site and service announcement updates.
Customers are not able to unsubscribe from service announcements, which contain
important information about the services which they have purchased. We communicate
with users via e-mail, mail or phone to provide requested services and to make
them aware of issues relating to their account.
Correcting/Updating/Accessing Personal Information
If a user wishes to access or change personally identifiable information
(such as ZIP code or e-mail address), or if a user no longer desires CUBIT
PLANNING services or communications, we will endeavor to provide a way to access,
correct, update, or remove that user's personal data provided to us. Please
e-mail [email protected] access or change such information.
If you no longer wish to receive our newsletters and other types of
e-mail communications, you may opt out of receiving these
communications by following the unsubscribe instructions found on
every newsletter and mass e-mail communication or by logging into
your account and editing your profile.
We do not direct the Site to, nor do we knowingly collect any personal
information from, children under thirteen.
Consent to Processing
If you should use the Site outside of the United States, by providing any
personal information to us, you fully understand and unambiguously consent
to the transfer of such personal information to, and the collection and
processing of such personal information in, the United States and other
countries or territories. Your personal information will be stored and
processed on our computers in the United States. The laws on holding
personal information in the United States may vary and be less stringent
than laws of your state or country.
Notification of Changes
following the posting of such changes or revised statement shall
constitute your acceptance of any such changes. We encourage you to
any changes have been made and to make sure that you understand how any
personal information you provide will be used.
The Data in our products comes from the U.S. Census Bureau. You can use Census data however you want. We can't restrict how you use publicly available government data.
But what about the Data Files? How is that different? Isn't it just the free public data anyway? No. We research, analyze, compile, transform and format the data so it's easy to use. We process massive amounts of Census data into easy-to-use spreadsheets, maps, etc. for you. We work hard to design, develop and deliver the data into simple and powerful products. That's the value we provide, and it's why our clients come back to us. So that's the part we don't want you to share. It would be terrible for us and our families if someone gives away our products or resells our products as their own or uploads them to a public site to share. So we ask you please, don't do that.
As long as you're not sharing the files in a way that harms our business, go for it. Need to share a spreadsheet with a teammate, project leader, third-party partner using the data on your behalf? As long as everybody understands our T&Cs, great! Share away!
If you're not sure whether you can share, just ask us! We try to be fair about it.
On to the details.
"The Data". The information inside a product file. Example: population
estimates. "The Data Files". The product file ('xlsx, csv, etc.').
By purchasing, accepting, downloading or using one of our Data Files, you agree
to the Terms & Conditions.
A. The Data
There are no restrictions on how you use the data. You can use the data you
purchase for private, public or commercial use.
B. The Data Files
You may not resell, copy, distribute, replicate or share with others the data
files provided by Cubit without permission. Exception: You may share the data
files provided by Cubit with members of the same team where it is reasonable
that a purchase would be shared.