Website Terms of Use

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OF OUR WEBSITES, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OUR WEBSITES.

As we add new Websites (or add new features and functionality to existing Websites), we may need to update or revise these Terms of Use. We therefore reserve the right to update or revise these Terms of Use at any time by posting the revised version on our Websites. These changes will be effective as of the date we post as the effective date of the revised version on our Websites. Whenever reasonably possible, we will provide you with advance notice when we make material changes to these Terms of Use that will have an adverse impact on the use of our Websites.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of our Websites.

These Terms of Use were last updated on September 15, 2022

Click-Through Agreements

These Terms of Use may be supplemented or amended by the terms of a “click-through” or “online” agreement between you and us. For example, when you register to become a member one of our Websites, you may be asked to agree to terms and conditions governing your use of the members-only portion of that Website. If you make a purchase on one of our Websites, you may be asked to agree to certain terms and conditions that govern your transaction. Special terms may also apply if you choose to participate in certain promotions available through our Websites, to obtain premium content, or to participate in an online contest or sweepstakes. If special terms and conditions apply, you will be asked to expressly consent to them, for example, by checking a box or clicking a button marked “I agree.” The terms and conditions of any such “click-through agreement” will supplement and amend these Terms of Use, but only with respect to the subject matter of the “click-through agreement.”

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.

Our Online Privacy Policy describes how we protect your privacy when you use our Websites. To review our Online Privacy Policy, click here.

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.

We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of our Websites to which you have properly gained access, but only for your own personal, non-commercial, non-competitive and non-derogatory use (unless you posted the Content), and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless you posted the Content). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.

You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on our Websites (except your Content) except as expressly provided in these Terms of Use without our prior written permission. Any use of our Websites, including the Content of our Websites (except your Content), other than as specifically authorized in these Terms of Use is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications, regulations and statutes.

Nothing in these Terms of Use shall be construed as transferring any right, title or interest in our Websites to you or anyone else, except the limited license to use our Websites on the terms expressly set forth herein.

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:

Copyright Agent

Sycle LLC

Street Address:

Sycle Headquarters
10350 Park Meadows Drive
Lone Tree, CO 80124

E-mail: info@sycle.net

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.

Our Websites may contain links to other websites owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others). We are not responsible for and have no control over the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. To the extent permitted by law, we do not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply our endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

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.

You agree to indemnify and hold harmless Sycle LLC from any and all third-party claims, liability, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) arising from your willful or negligent breach of these Terms of Use. We will notify you promptly of any such claim, liability, loss, cost or expense.

The indemnities given under these Terms of Use will survive the termination of your use of our Websites and any other “click-through” or “Online” agreement.

We reserve the right to discontinue or modify any Website at any time without prior notice.

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Dispute Resolution

In the event that a conflict between you and Sycle should arise out of or in connection with this Website or these Terms of Use, you agree to negotiate in good faith and undertake reasonable efforts, in cooperation with Sycle, to achieve the most beneficial outcome for both parties.

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:

• North America, these Terms of Use are governed by the laws of the State of Colorado, USA;
• Latin America, the Website is governed by the laws of the Republic of Panama;
• Europe, the Middle East or Africa, these Terms of Use are governed by the laws of England; or
• Asia, Australia or elsewhere in the South Pacific, these Terms of Use are governed by the laws of the State of New South Wales, Australia,

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.

These Terms of Use as supplemented or amended by any applicable Privacy Notices or “click-through agreement,” contain the entire understanding and agreement between you and us with respect to our Websites and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect thereto.

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.

If you have any questions regarding these Terms of Use, please contact us by email at info@sycle.net.