Terms of Service

By accessing and using this website and any of its pages, you accept and agree to be bound by the Terms of Service set forth below.

ACCEPTANCE OF TERMS

HBG Modular (“HBG Modular,” or “we,” “us,” or “our”) provides users with an online equipment information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.

Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.

This website is controlled and operated by HBG Modular from its offices within the United States. HBG Modular makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

USER CONDUCT

You are authorized by HBG Modular to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without HBG Modular’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.

In order to access certain features of this website you may be required to register. If you supply a telephone number in connection with your use of the website, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and/or our affiliates. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify HBG Modular in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. HBG Modular is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by HBG Modular), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by HBG Modular for use in accessing the Services.

PRIVACY

HBG Modular is committed to respecting your privacy and protecting your personally identifiable information. HBG Modular account data and certain other information about you and that you enter and/or we collect through your use of this website are subject to the HBG Modular Privacy Policy at www.HBG Modular.com/privacy-policy. You understand that through your use of the Services, including this website, you consent to the collection and use (as set forth in the HBG Modular Privacy Policy) of this information. Please review our Privacy Policy for further information on our data collection and use practices.

SERVICES

Prior to purchase of products or services, all information provided on this website is for informational purposes only. Information displayed through the Services related to any virtual product you may configure, such as modification cost, shipping cost, average price, pricelock, price range, estimated shipping, container cost, or sales tax, either reflects or is based on HBG Modular’s analysis of market data. Neither, the accuracy of information provided on this website, nor the availability, quality, or condition of products, is guaranteed or controlled by HBG Modular, and HBG Modular assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding product availability, condition, pricing, and the like are not the responsibility of HBG Modular. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to ###@HBGModular.com.

By using the Services, you acknowledge and agree that HBG Modular may not have in inventory a new product that exactly matches any virtual product you may configure on the website, and certain models or configurations may not be available. HBG Modular will confirm product availability, including available options and modifications, from actual inventory.

For the avoidance of doubt, HBG Modular is a clearinghouse of equipment for wholesale equipment suppliers (Manufacturers, Shipping Lines, Equipment Leasing Companies), and service provider of add-on modifications and freight of such equipment. HBG Modular receives no fee from the participating suppliers or third-party service providers in connection with the Services.

NO COMMERCIAL USE OF SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.

RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES

HBG Modular reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. HBG Modular also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that HBG Modular shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

INDEMNIFICATION

You will indemnify, defend and hold harmless HBG Modular and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Cubes Inc. Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a HBG Modular Entity, subject to such Cubes Inc. Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a HBG Modular Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Cubes Inc. Entity without its prior express written consent.

DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, HBG Modular DOES NOT WARRANT AGAINST DEFECTS IN ANY PRODUCT, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY PRODUCT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HBG Modular OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Some HBG Modular products are offered with a 1 year warranty. This warranty is specifically referenced on the invoices of such products purchased.

LIMITATION OF LIABILITY; WAIVER

IN NO EVENT SHALL THE HBG Modular ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE CUBES INC. ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE

HBG Modular may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that HBG Modular will have no liability associated with or arising from your failure to maintain and supply HBG Modular with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.

TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY

You agree that all of HBG Modular’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of HBG Modular, and that you will not display or use any of the foregoing without HBG Modular’s prior written approval in each instance.

You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of HBG Modular. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS

HBG Modular respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please contact us at ###@HBG Modular.com or via mail at

HBG Modular
2761 Fruitland Avenue
Vernon, CA 90058