We welcome your comments, feedback, suggestions, and other communications regarding this Website and the information and services we make available through this Website (collectively, “Feedback”). Any Feedback you provide to us through our Website and through email, verbal communications and feedback forums will be and remain the exclusive property of Sycle, and Sycle may use such Feedback in any manner Sycle deems appropriate without providing notice or compensation to you, and without seeking your permission. By providing Feedback, you are deemed to have waived any confidentiality in your Feedback and assigned to Sycle all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. This means, for example, that we can use your comment or idea to modify or improve the Website, or to make changes to our products or services, or in any other way we want without restriction, and we do not have to compensate you. For this reason, you must not provide us with any Feedback that you do not wish us to use.
As between you and us, we own and reserve all rights, title and interests in our Websites, including all of the software and code that comprise and operate our Websites, and all of the Content of our Website except your Content. Our Websites and the Content we and others provide may be protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws.
The entire Content of each Website is a collective work under Australian and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of each Website.
You may not, except with our prior written permission (or in accordance with relevant copyright law):
- use any photograph or other Content on our Websites (other than your Content);
- imitate our website design, logos, taglines, packaging or trade dress; or
- use our logos, company names, product names or images of Sycle products in marketing, promotional or advertising materials in a manner that suggests that Sycle endorses or sponsors your goods or services.
Where your use of our Content is authorized, you must provide proper attribution and must not remove, alter or obscure any copyright or other proprietary rights notices associated with such Content.
If you have reason to believe any part of the Content of our Websites infringes the copyrights of others, or that any link on one of our Websites links to infringing materials, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We will promptly remove any notified Content that we deem infringing following such investigations. In addition, we reserve the right in our sole discretion to suspend and/or terminate access to any Website by any user who is alleged to have posted infringing materials or a link to infringing materials on one of our Websites and to remove or disable the allegedly infringing Content or link. Where reasonably possible without risking legal liability for Sycle, we will notify you in advance of the suspension or termination.
Notice of Claim of Copyright Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on our Websites infringes your copyright or (b) any link posted on one of our Websites links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will, if we believe the complaint to be substantiated, promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
- the signature of the relevant owner or person authorized to act on behalf of the owner of the copyright work;
- identification of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- identification of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Website;
- enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
- a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- a statement that all of the information you have provided is accurate; and
- a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
10350 Park Meadows Drive
Lone Tree, CO 80124
Our Websites may not be used in connection with any commercial purposes, except as specifically approved in writing by Sycle. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from our Websites without notice and may result in termination of access privileges.
You are solely responsible for your interactions with other members of our Websites. Sycle reserves the right, but has no obligation, to monitor disputes between you and other members of our Websites. You indemnify and hold harmless Sycle, its respective officers, directors, employees, agents, licensors, and service providers from any claim of damages arising out of any dispute between you and another User.
Subject to the Statutory Obligations, and to the extent permitted by law, you agree that:
TO THE EXTENT PERMITTED BY LAW, SYCLE LLC WILL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, GOODWILL OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, RELATED TO THE USE OF OR INABILITY TO USE OUR WEBSITES, OR OUR CONTENT, PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED BY OR CONDUCT OF ANY THIRD-PARTY USERS OF OUR WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES EVEN IF ANY OF SYCLE PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED AND FIFTY DOLLARS US DOLLARS (US$250.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT LIMIT OR RESTRICT OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED.
We reserve the right to discontinue or modify any Website at any time without prior notice.
As an alternative to resolution of disputes through the courts, consumers who reside in the European Union may refer his/her complaint to the European Online Dispute Resolution Platform (European ODR Platform). Consumers may obtain further information by visiting the EU’s Online Dispute Resolution site at https://ec.europa.eu/consumers/odr. However, Sycle does not participate in the aforementioned dispute resolution mechanism or any other alternative.
If you access the Website from:
- Latin America, the Website is governed by the laws of the Republic of Panama;
without regard to its conflicts of law provisions.
You agree to submit to the non-exclusive jurisdiction of the courts and courts of appeal from them in the jurisdiction of the governing law applicable to you above and you agree that you will not object to the exercise of such jurisdiction by those courts on any basis.
Notwithstanding the above, if you are a consumer, your ability to enforce the Statutory Obligations (if any) applicable at your place of residence remain unaffected by the foregoing choice of law and venue.
Subject to the Statutory Obligations, any claim or cause of action you may have against us arising out of or related to use of our Websites must be filed within one (1) year after such claim or cause of action arose or be forever barred.