Terms of service
Effective Date: July 4, 2026
SECTION 1 - OVERVIEW
Welcome to Subberg.
Throughout these Terms of Service (“Terms”), the terms “Subberg,” “we,” “us,” and “our” refer to Subberg and its owners, affiliates, successors, and authorized representatives.
Subberg operates this website, online store, and related services (collectively, the “Services”) to provide users with original publications, research, educational resources, Digital Products, Physical Products, and other offerings. The Services also function as a platform for publishing original research, commentary, educational materials, and innovative concepts intended to inform and inspire discussion. The Services are powered by Shopify, which provides the underlying ecommerce platform.
These Terms govern your access to and use of the Services, including browsing the website, creating an account, purchasing products, downloading Digital Products, and communicating with us.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Definitions
“Content” means all information, publications, text, graphics, images, software, audio, video, trademarks, inventions, concepts, research, product descriptions, designs, data, databases, compilations, and other materials made available through the Services.
“Digital Products” means electronically delivered content offered by Subberg, including but not limited to eBooks, white papers, research papers, reports, articles, guides, templates, worksheets, illustrations, videos, audio recordings, software, downloadable files, and future digital offerings, whether downloadable, streamed, cloud-hosted, or otherwise delivered electronically.
"Licensee" means any individual or organization that has been granted a license to access or use a Digital Product under these Terms.
“Organizational License” means a license permitting use of a Digital Product by multiple authorized users within a single business, organization, institution, or other legal entity, subject to the user limitations specified at the time of purchase.
“Physical Products” means tangible goods sold by Subberg.
SECTION 2 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services 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 the information you provide in our stores is correct, current, and complete, and that you have all rights necessary to provide this information.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person. You agree not to share your account credentials with others except as expressly permitted under an applicable Organizational License purchased from Subberg. You are responsible for maintaining access to the email address associated with your account. We are not responsible for loss of access to purchased Digital Products resulting from outdated, inaccurate, or inaccessible account information. If we reasonably believe your account has been compromised, is being shared in violation of these Terms, or is being used fraudulently, we may suspend or terminate access pending investigation.
SECTION 3 - OUR PRODUCTS
Subberg develops and offers both Physical Products and Digital Products. Certain products may be offered under individual, organizational, or other license models described on the applicable product page.
Product descriptions, specifications, pricing, images, illustrations, demonstrations, and availability are provided for informational purposes only. While we strive for accuracy, we do not warrant that every description or image is complete, current, or error-free.
Physical Products
Physical Products may embody or incorporate copyrighted works, trademarks, trade dress, artwork, designs, text, illustrations, product concepts, or other intellectual property owned by or licensed to Subberg. The purchase of a Physical Product does not transfer ownership of any associated intellectual property rights except as expressly provided by applicable law.
Digital Products
Digital Products are licensed, not sold.
Unless expressly stated otherwise, purchasing a Digital Product grants the purchaser a limited, non-exclusive, non-transferable, revocable license to access and use the Digital Product solely for the permitted purposes described on the applicable product page and these Terms.
Purchasing a Digital Product does not transfer ownership of any copyright, trademark, patent, trade secret, or other intellectual property rights.
Organizational Licenses
Certain Digital Products may be offered under Organizational Licenses, allowing an organization to share a Digital Product with its employees, contractors, or other authorized users within the organization, depending on the purchased tier. Organizational Licenses are limited to the maximum number of authorized users, employees, or other usage limitations specified at the time of purchase.
Organizational Licenses may not be exceeded without purchasing an appropriate license.
Future Publications and Concepts
Subberg may publish articles, research papers, white papers, books, concept papers, descriptions of actual or potential inventions, product concepts, prototypes, and similar materials discussing future products, services, technologies, or business opportunities.
Unless expressly stated otherwise, publication of such materials does not constitute: (a) an offer to license intellectual property; (b) permission to manufacture or commercialize any concept; (c) an obligation to commercialize any concept; (d) a public dedication of any intellectual property; (e) a waiver of any proprietary rights.
Research Disclaimer
Publications may discuss emerging technologies, products, industries, legislation, services, regulations, market conditions, scientific developments, or other evolving topics. Accordingly, Subberg does not represent or warrant that all information will remain current after publication.
Product Availability
Products and services may be added, modified, updated, discontinued, or withdrawn at any time without notice.
We reserve the right to revise, reorganize, expand, combine, divide, or retire any publication or product at our sole discretion.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Subberg reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Subberg confirms acceptance. We must receive and process your payment before we can accept your order. Please review your order carefully before submitting, as Subberg may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Purchases of Products are subject to our Return and Refund Policy. Certain Digital Products may be non-refundable as described in that policy or on the applicable product page.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. Commercial purchasers remain responsible for ensuring they purchase an appropriate license. Purchase of a Digital Product grants only the license expressly described in these Terms and does not transfer ownership of the underlying intellectual property.
Orders that appear fraudulent, violate applicable law, exceed purchased license limits, or present an unreasonable business risk may be refused or canceled at our sole discretion.
SECTION 5 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service 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 expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online stores may differ from those offered in physical stores or in online or third-party stores. We may, from time to time, offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Prices for future editions or updated versions of Digital Products may differ from prior editions. Unless expressly stated otherwise, the purchase of one edition does not automatically entitle the licensee to future editions, updates, supplements, or revisions.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 6 - SHIPPING AND DELIVERY
Physical Products
All Physical Products purchased from us are delivered to you by a third-party delivery company under a shipping contract. You shall become the owner of the Physical Products and shall assume the risk of loss at the time of delivery by us of the Physical Products to the third-party delivery company. We are not responsible for losses or damages to Physical Products that are processed, opened, or repackaged by a third party. All delivery times are estimates only and are not guaranteed. We shall not be responsible for delays caused by shipping carriers, customs processing, or any event beyond our reasonable control.
Digital Products
Digital Products are delivered electronically.
Delivery occurs when download access, download instructions, or access credentials are made available through the licensee’s account, email, or another authorized delivery method.
Licensees are encouraged to download and securely retain purchased Digital Products promptly. While we may permit future re-downloads, we do not guarantee perpetual hosting or indefinite download availability. We recommend maintaining your own backup copy of purchased Digital Products.
Electronic delivery constitutes complete fulfillment of our delivery obligations for Digital Products. Delivery is deemed complete regardless of whether the licensee immediately downloads the Digital Product.
SECTION 7 - INTELLECTUAL PROPERTY
Plain-English Summary (for convenience only)
When you purchase a Digital Product from Subberg, you are purchasing a license to use it—not ownership of the underlying intellectual property. You are welcome to use it within the scope of your license, but you may not redistribute it, post it publicly, use it to train AI systems, or otherwise reproduce it beyond the rights granted in these Terms.
If there is any conflict between this summary and the legal provisions below, the legal provisions control.
Ownership
All right, title, and interest, including all associated intellectual property rights, in and to the Content available through the Services—including but not limited to Digital Products, Physical Products, books, white papers, research papers, articles, inventions, product concepts, designs, illustrations, graphics, software, trademarks, names, brands, logos, photographs, videos, audio recordings, compilations, text, displays, images—is owned by or licensed to Subberg and is protected by United States and international intellectual property laws.
Subberg’s names, logos, product and service names, designs, and slogans are trademarks of Subberg or its affiliates or licensors. You must not use such trademarks without the prior written permission of Subberg. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Subberg reserves all rights not expressly granted.
Limited License
Subject to full payment of all applicable fees and continued compliance with these Terms, licensees receive only the limited license expressly described for the purchased Digital Product.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Subberg, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. Licenses terminate automatically upon violation of these Terms.
No ownership interest is transferred.
Restricted Uses of Content
Unless expressly authorized in writing, you may not: (a) copy, reproduce, redistribute, republish, or commercially exploit Digital Products or the protected Content embodied in Physical Products except as permitted by applicable law; (b) upload Digital Products to shared drives or public repositories; (c) post Content on websites or social media; (d) reproduce substantial portions of Content; (e) reproduce or manufacture Physical Products or substantially similar products using Subberg's artwork, text, designs, layouts, packaging, or other protected Content; (f) publicly display, publicly perform any of the Content; (g) resell, sublicense, rent, lease, or transfer Digital Products; (h) modify Content for redistribution; (i) remove, obscure, or alter any copyright notice, trademark, watermark, digital rights management technology, or other proprietary designation; (j) reverse engineer software or protected digital materials; (k) use automated systems to harvest or reproduce Content; (l) create derivative publications, products, services, software, educational materials, commercial offerings, or other works substantially based upon Subberg Content; (m) use the Content in any manner that infringes, misappropriates, or otherwise violates Subberg’s intellectual property rights.
Artificial Intelligence Restrictions
Without prior written permission from Subberg, you may not use any Content, including Digital Products, for the purpose of training, fine-tuning, evaluating, or improving artificial intelligence models, machine learning systems, large language models, retrieval systems, retrieval-augmented generation (RAG) systems, embeddings, or similar technologies.
This restriction applies whether the Content is used directly or indirectly, including through automated scraping, extraction, indexing, or similar technologies.
This restriction applies regardless of whether the resulting system is commercial, academic, open-source, or internal.
Copyright
All copyrights remain the exclusive property of Subberg unless expressly stated otherwise.
Purchase grants only the license described in these Terms.
License Revocation
If Subberg reasonably determines that these Terms have been materially violated—including unauthorized redistribution, commercial misuse, or infringement of Subberg’s intellectual property—we may revoke or suspend the applicable license and terminate future access to affected Digital Products. Revocation may occur without refund.
Revocation of a license does not limit any other legal or equitable remedies available to Subberg.
Citation Permission
Nothing in these Terms is intended to prohibit the quotation of brief excerpts from Subberg publications for purposes such as criticism, commentary, scholarship, news reporting, or academic citation where permitted by applicable law, provided that appropriate attribution is given.
Requests for Permission
Requests for reproduction, licensing, translation, classroom use, commercial distribution, AI licensing, or other permissions should be directed to:
support@subberg.com
Independent Development
Subberg recognizes and respects the independent development of ideas and innovations. Nothing in these Terms prohibits the independent creation of products, services, publications, or technologies developed without copying or substantially relying on Subberg Content. These Terms apply only to the use of Subberg’s intellectual property and do not restrict lawful independent development.
No Implied Rights
Except for the limited license expressly granted under these Terms, no right or license shall be implied, created by estoppel, or otherwise arise under any patent, copyright, trademark, trade secret, or other intellectual property right owned or controlled by Subberg.
SECTION 8 - OPTIONAL TOOLS
You may be provided with access to tools or services offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.
You acknowledge and agree that 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 whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider(s) provide the tools.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
Third-party tools may be added, modified, suspended, or discontinued at any time without notice. Subberg does not guarantee the continued availability, compatibility, or functionality of any optional third-party tool.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). 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 third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
References to third-party products, services, organizations, publications, or websites do not constitute an endorsement, recommendation, or affiliation unless expressly stated by Subberg.
Opinions expressed within Subberg publications regarding third-party products, services, organizations, or technologies represent editorial commentary only and should not be interpreted as endorsements unless expressly stated.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Subberg is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Subberg. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Subberg, 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 Subberg.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Subberg 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 Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 12 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Because Subberg develops original concepts, publications, and products, the following additional provisions apply to Feedback submitted to us.
Unsolicited Ideas
Subberg welcomes general feedback regarding its products and services. However, unless specifically requested by Subberg in writing, you should not submit confidential, proprietary, patentable, or commercially sensitive ideas, inventions, business plans, product concepts, or creative works.
Any unsolicited submission shall be treated as non-confidential and subject to the Feedback provisions of these Terms.
No Compensation
Submission of Feedback does not entitle the sender to compensation, ownership, royalties, attribution, or any other rights unless separately agreed in writing.
Independent Development
You acknowledge that Subberg may already be developing, or may later independently develop, products, services, publications, concepts, or technologies similar to or competitive with those contained in any Feedback you submit.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 14 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Subberg, Shopify, licensees, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
Without limiting the foregoing, you also agree not to: (a) circumvent license restrictions associated with Digital Products (as defined in Section 1); (b) attempt to access Digital Products or Services without authorization; (c) share purchased download links with unauthorized persons; (d) use the Services to facilitate copyright infringement; (e) misrepresent affiliation with Subberg; (f) falsely imply endorsement by Subberg; (g) use the Services in a manner intended to interfere with legitimate users; or (h) systematically harvest or collect Content for commercial databases or competing services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
AI
Use of Subberg Content in connection with artificial intelligence systems is further governed by Section 7 (Intellectual Property), which shall control in the event of any conflict.
SECTION 15 - AGENTS
15.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software, artificial intelligence system, automated service, or other technology that operates autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity or through a person's device, including actions performed without continuous human supervision.
15.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 15.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
15.5 Nothing in this Section authorizes an Agent to access, reproduce, extract, archive, or use Subberg Content in a manner prohibited by Section 7 (Intellectual Property).
SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, "Waiver; Entire Agreement", Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Effect of Termination
Upon termination of your account or these Terms, all licenses granted to you for Digital Products immediately terminate unless otherwise required by applicable law. You must cease any continued use that exceeds the rights granted under these Terms.
SECTION 17 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Subberg, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Educational Information
Subberg publications are provided solely for educational and informational purposes.
No Professional Advice
Nothing contained within the Services or any Digital Product constitutes legal, financial, tax, accounting, investment, engineering, architectural, medical, nutritional, dietary, psychological, or other professional advice.
No Guarantees
Decisions made based upon Subberg Content remain solely the responsibility of the reader.
Emerging Topics
Publications discussing future technologies, legislation, industries, or market developments necessarily involve uncertainty.
No Duty to Update
Except where required by applicable law, Subberg has no obligation to update, revise, or supplement previously published Content to reflect subsequent events, developments, technological changes, market conditions, or legal changes.
Innovation Disclaimer
Discussion of inventions, concepts, business opportunities, or product ideas should not be interpreted as a representation that any such concept is patentable, protectable, commercially viable, legally available, or suitable for any particular purpose.
SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Subberg, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN NO EVENT SHALL SUBBERG BE LIABLE FOR DECISIONS, INVESTMENTS, BUSINESS ACTIVITIES, PRODUCT DEVELOPMENT EFFORTS, OR OTHER ACTIONS TAKEN IN RELIANCE UPON INFORMATION CONTAINED WITHIN THE SERVICES OR ANY PUBLICATION.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Subberg, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services, including claims arising from your misuse or unauthorized distribution of Digital Products.
We will notify you of any indemnifiable claim, provided that a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire Agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Headings and Plain-English Summaries are provided solely for convenience and do not modify the legal meaning of these Terms.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 23 - GOVERNING LAW
These Terms of Service are governed by the laws of the State of Ohio, U.S.A., without giving effect to its conflict of laws provisions. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or associated with Licking County, Ohio, to settle any dispute which may arise out of, under, or in connection with this Agreement.
SECTION 24 - HEADINGS
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms. Any Plain-English Summaries are included solely for convenience.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Material changes will apply prospectively unless otherwise required by law. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - RESPECT FOR INTELLECTUAL PROPERTY
Subberg believes that innovation flourishes through the respectful exchange of ideas while recognizing and protecting intellectual property rights. We encourage discussion, citation, scholarship, and independent innovation while asking others to respect the original work made available through our Services. We also recognize the intellectual property rights of others and encourage users of our Services to do the same. This respect extends equally to our Digital Products, Physical Products, and the original ideas, creative expression, and innovations they embody.
SECTION 27 - CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
SUBBERG
support@subberg.com
6031 E Main St, Suite 205, Columbus OH 43213, United States
614.889.3514
Business Registration Number (Ohio): 5634318