Terms and Conditions

Updated: 2008-1-1

NeonCubes provides a platform and related services for buyers in order to establish an electronic marketplace for the purchase and sale of goods (this "Website"). The use of the NeonCubes Website and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website, including the NeonCubes Privacy Policy (collectively, the "Terms and Conditions").

These Terms and Conditions constitute a legal binding agreement between NeonCubes, LLC. ("NeonCubes", "we" or "us") and you (referred to herein as "you" or "your"). Your use of this Website in any manner, whether browsing, activating an account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. NeonCubes reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website. By consenting to these Terms and Conditions, you agree to periodically review the Terms and Conditions and be bound by any modifications or amendments thereto. Your use of the Website shall constitute your acceptance of and agreement to be bound by the amended Terms and Conditions. These Terms and Conditions are effective on September 1, 2003 for current users, and upon acceptance for new users.

Proprietary Rights
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, web pages, and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by NeonCubes or a NeonCubes affiliate or by third parties who have licensed their rights to NeonCubes. All Content is copyrighted as a collective work under the U.S. and international copyright laws and NeonCubes owns, to the fullest extent allowed by such law, the copyright in such Content and this Website, including (without limitation) the arrangement, coordination, enhancement and selection of the Content and the Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

The NeonCubes logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such marks in any manner without the prior written consent of the owner.

Usage Restrictions
NeonCubes hereby grants you a personal, nontransferable, nonexclusive, non-sublicensable license to access and view the Content appearing on this Website in accordance with these Terms and Conditions. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. NeonCubes reserves complete title and full intellectual property rights in any Content that you download from this Website.

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of yourself of another user; (ii) tampering with this Website or circumventing NeonCubes fees; (iii) conducting any unlawful activity; (iv) violating the rights of any third party, including (without limitation) privacy or intellectual property rights; (v) posting false, misleading, inaccurate, offensive, defamatory, or libelous information; (vi) positing or distributing spam, chain letters, or pyramid schemes, or otherwise disrupting or interfering with listings or the proper working of the Website; (vii) distributing viruses, spiders, robots, or other technology that may harm NeonCubes or another user or for automated access to the Website for any reason; (viii) selling any items that violates the rights or any third party; (ix) harvesting or collecting any information about any user without their consent; or (x) taking any action that imposes an unreasonable or disproportionately large load on the NeonCubes infrastructure, as determined in NeonCubes’s exclusive discretion.

You further agree that you will not use the Website if you are not 18 years of age or older. By using this Website, you represent that you are not under the age of 18 and you are able to form legally binding contracts.

Privacy Policy
NeonCubes’s use of personal information about you, whether collected by NeonCubes or submitted by you through this Website is governed by the NeonCubes Privacy Policy. The NeonCubes Privacy Policy is incorporated into these Terms and Conditions and you agree you are subject to the terms of the Privacy Policy.

This Website is not directed toward children and no Content appearing on this Website or NeonCubes affiliated websites are directed toward children. NeonCubes urges all parents and guardians to monitor and supervise their children’s use of this the Internet in general. If for any reason NeonCubes unknowingly collects information from children, it will remove and destroy all such information upon discovery by NeonCubes and NeonCubes may immediately and without notice remove any user accounts, listing, or information of children or directed toward children, as determined in its exclusive discretion.

Submissions to www.NeonCubes.com and Affiliated Servers
Any listings, images, postings, remarks, suggestions, ideas, messages and data submitted by you to NeonCubes through this Website or other NeonCubes affiliated websites (collectively, the "Postings") shall be and remain the exclusive property of NeonCubes. Therefore, NeonCubes discourages you from submitting Postings that you do not wish to assign to NeonCubes, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to NeonCubes, and accept responsibility for, the accuracy, appropriateness and legality of the Postings. Your submission of such Postings shall constitute an assignment to NeonCubes of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Postings. NeonCubes is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Postings for any purpose without restriction or compensation in any way to you.

Modification of Content
NeonCubes attempts to ensure that the Content on this Website is complete and current, however you understand that the listings are posted by users and NeonCubes does not control the Content contained in the listings. You acknowledge that NeonCubes attempts to display the colors of the items on the Website as accurately as possible; however NeonCubes does not guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you. As indicated in the DISCLAIMERS set forth below, NeonCubes does not guarantee that the information contained on this Website will not contain errors, inaccuracies, omissions or other information prohibited by these Terms and Conditions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. NeonCubes reserves the right to correct any error, inaccuracy or omission or to change, update or all together remove the Content for any reason whatsoever without prior notice to you. Further, NeonCubes reserves the right to refuse or cancel any orders or listings containing any error, inaccuracy or omission or other information prohibited by these Terms and Conditions, whether or not the order has been submitted, confirmed, your credit card has been charged, or payment received. To properly serve all users, NeonCubes reserves the right to limit quantities. Only one (1) of this item may be placed into your shopping cart at a time. NeonCubes further reserves the right to cancel multiple orders of any item purchased by the same NeonCubes user and/or shipped to the same delivery address.

Purchases
Items purchased under the NeonCubes must be paid in full. Once an order for an item is placed and submitted through the Website, NeonCubes will accept payment from the buyer. NeonCubes cannot change or cancel an order until the item is received. Buyers will accept or dispute an item no later than 5 days after the item has been marked shipped by the seller. If the item is accepted, or in other words, the buyer does not dispute or reject the item from 5 days of purchase date the order cannot be otherwise changed, cancelled, or returned. You understand and agree that if you do not notify NeonCubes in the time frame provided that either you reject the condition of the item, or the item has not been delivered, that you are deemed to have accepted the item and you are responsible for all charges, costs and expenses in connection with the item ordered.

Shipping & Delivery
You can view our Shipping and Delivery Prices, click here.

NeonCubes Dispute Resolution and Returns Process
To reject an item, you must use NeonCubes’s dispute resolution process and follow the procedures below. You understand and agree that the NeonCubes procedure provided to assist you in avoiding fraud, scams, or other improper commercial transitions. As a result, as a condition of your use of this Website, you agree that if you have a dispute about an item purchased through the Website under the NeonCubes, you will only dispute the transaction using NeonCubes’s email info@neoncubes.com. If you chose to dispute the transaction through PayPal, or your credit card company, or any other avenue other than NeonCubes’s dispute resolution process, you understand that you will lose the right to dispute the transaction through NeonCubes and for purposes hereof, you are deemed to have accepted the item. You also understand and agree that NeonCubes reserves the right to immediately terminate your account and your use of the NeonCubes Website without notice to you if NeonCubes learns that you have disputed a transaction through alternative avenues other than NeonCubes.

To dispute the transaction, the item must arrive substantially different than the item as advertised in the listing, or damaged due to packaging (not damage caused by the shipping company). You must notify NeonCubes that you reject the item by emailing Neon Cubes within the time frame described above( 5 days from the purchase date). You will be required to provide evidence that the item that was received is in fact substantially different from the item that was listed at the time of your order. Both parties to the transaction agree that NeonCubes will have the sole authority to determine whether the disputed item is substantially similar to or different than the listing advertisement and you agree to be bound by NeonCubes’s decision in the dispute resolution. Both parties agree to cooperate with NeonCubes and provide any information and documents reasonably requested by NeonCubes to resolve the dispute.

If the dispute resolution finds that the item is acceptable, then the transaction is deemed complete and NeonCubes will release the payment to the buyer. However, if the dispute resolution finds that the item is not acceptable, Neon Cubes will be deemed to reject the item and the buyer will be permitted to ship the item back to Neon Cubes at the buyers cost.

You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If your payment method fails or we have to return fees to you for any reason, you will be charged a $40 return payment fee. If any fees payable by you are past due, we may charge you fees in connection with the collection of all such past due amounts, including (without limitation) late fees, collection fees, and attorneys fees. All fees are quoted in U.S. Dollars. You are responsible for any conversion rates or fees for currency conversions at the time the payment is made.

NeonCubes reserves the right to change its fees, payment options, and payment procedures at any time without prior notice to you.

Your Warranty To NeonCubes YOU REPRESENT AND WARRANT THAT YOU: (1) ARE DULY AUTHORIZED TO CONSENT TO THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF PERSONALLY OR YOUR RESPECTIVE COMPANIES; (2) CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW; (3) ARE AT LEAST 18 YEARS OF AGE; (4) YOU WILL BE FINANCIALLY RESPONSIBLE FOR THE USE OF YOUR ACCOUNT; AND (5) YOU HAVE VERIFIED OR WILL VERIFY THE ACCURACY OF MATERIALS DISTRIBUTED OR MADE AVAILABLE BY YOU, INCLUDING YOUR CONTENT, DESCRIPTIVE CLAIMS, GUARANTEES, NATURE OF BUSINESS, AND ADDRESS WHERE BUSINESS IS CONDUCTED.

Termination NeonCubes may terminate these Terms and Conditions and your use of the Website at any time without notice to you. Upon such termination, you will immediately cease and desist any and all access to and attempts to access the Website. You agree that upon termination you will pay all outstanding amounts owed to NeonCubes in full. NeonCubes shall have no obligation to refund any fees paid by you.

DISCLAIMERS ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE USING THE WEBSITE IS AT YOUR OWN RISK. NEONCUBES DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF NEONCUBES, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT NEONCUBES DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEONCUBES DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. BUYONIT DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Release
You understand and agree that NeonCubes is simply providing a service for buyers to enter into transactions. You understand and agree that NeonCubes has no control over and does not guarantee the quality, safety or legality of any items on the Website, the ability of buyers to buy items, or that the transaction will be completed. NeonCubes is not responsible for your actions while viewing or using this Website. Accordingly, will not hold NeonCubes (or our officers, directors, agents, subsidiaries, and employees) liable for: (i) any users actions or inactions, including (without limitation) anything posted by a user; or (ii) any Content contained on the Website. You agree to release and indemnify NeonCubes (and our officers, directors, agents, subsidiaries, employees and joint ventures) from any and all claims, demands, liability and damages of every kind and nature, known and unknown, arising out of or in any way connected to the Website, including (without limitation) from any dispute you have with a user of the Website, your use of the Website, any Content accessible through the Website, or relating to any item available on the Website or payment of any such item.

Limitation of Liability and Your Exclusive Remedy
IN NO EVENT SHALL NEONCUBES, ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF NEONCUBES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN NEONCUBES TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify and hold NeonCubes (and our officers, directors, agents, subsidiaries, and employees) harmless from any claim, demand, liability or damage, including reasonable attorney’s fees, made by any third party due to or arising out of your violation of these Terms and Conditions, or your violation of any law or the rights of a third party.

NeonCubes Actions
If NeonCubes believes you have violated or may violate these Terms and Conditions, you have engaged in inappropriate business behavior, you have harmed or will potentially harm NeonCubes, you have failed to pay fees payable hereunder, or if NeonCubes is unable to verify or authenticate any information provided by you, as determined in NeonCubes’s sole discretion, NeonCubes may take any action that it deems appropriate and reasonable under the circumstance to protect its operations, systems, facilities, users or third parties. In such circumstances, without limiting any other remedy, NeonCubes may limit, suspend, terminate or prohibit access to the Website, any Content, or your account, and may take technical and legal steps to prohibit users from accessing the Website or maintaining accounts. You also understand that you may forfeit NeonCubes fees, and NeonCubes may charge you additional fees, including (without limitation) fees for terminating your account.

Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by NeonCubes (although some such sites may have an affiliation with NeonCubes) (collectively, "Third Party Sites"). Such links are provided for your convenience only. NeonCubes makes no representations whatsoever about any Third Party Sites which you may access through this Website, as NeonCubes has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third Party Sites may differ significantly from the NeonCubes Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Dispute Resolution
Any dispute relating in any way to the these Terms and Conditions, the Website, or NeonCubes shall be submitted to confidential arbitration in Jacksonville, Florida, except to the extent that you have in any manner violated or threatened to violate NeonCubes’s intellectual property or proprietary rights, NeonCubes may seek injunctive or other appropriate relief in any State or Federal court in the State of Florida, an you consent to the exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Governing Law
These Terms and Conditions are governed by the laws of the State of Florida, without regard to conflict of law principals.

Notices
Except as explicitly stated otherwise, legal notices to NeonCubes shall be in writing and sent to NeonCubes at P.O.BOX 16464 Jacksonville, Florida 32245. Such notices shall be deemed delivered upon receipt. Notices to you shall be addressed to the electronic mail address or physical address provided by you on file in your account with NeonCubes and shall be deemed delivered 24 hours after the email is sent to your electronic mail address, or 3 days after the notice is sent to your physical address. Unless otherwise agreed, all notices shall be in English.

Miscellaneous
The Terms and Conditions and any policies or procedures referenced herein or contained on the Website constitute the entire agreement between you and NeonCubes with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and NeonCubes with respect to this Website. No agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. No modification of the Terms and Conditions shall be effective unless it is authorized by NeonCubes. We may amend these Terms and Conditions at any time by posting the amended terms on the Website and all amended terms shall automatically be effective. If any provision of the Terms and Conditions is found to be invalid or unenforceable, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. We may assign these Terms and Conditions in our sole discretion. You may not assign these Terms and Conditions or your user account to any third party without our prior written consent. Headings are for reference only and do not limit the scope or extent of any section. Our waiver of your breach of the Terms and Conditions shall not constitute waiver of another breach. Failing to enforce a provision of the Terms and Conditions against shall not constitute a waiver or create an estoppel from enforcing such provision.

Neon Ice Cubes Cool Info...
Neon Ice Cubes are realistically designed one-inch clear plastic blocks that resemble frozen ice cubes. They are made of non-toxic, FDA-approved plastic and contain a gel that allows it to be frozen to help keep beverages cold.

Buy The American Pack

Buy The Dozen Pack

Buy The Fiesta Pack