Please read these terms of service (“Terms”) carefully before using the www.nthcycle.com Website (the “Service”) operated by Nth Cycle, Inc. (“Nth Cycle,” “us,” or “our”). Your access to and use of the Service is conditioned upon your acceptance and compliance with these Terms; these Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy.

If you access our Website on behalf of a company, organization, or other entity, then (a) the term “you” used herein shall include both you personally and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or similar instructions provided in any email we send.

Content Made Available to You Through the Service

This Website and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, images, sounds, video, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos, and other technology (collectively, the “Content”), is the property of Nth Cycle or its licensors and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, without the prior written permission of the company or such third party that may own the trademark or copyright of material displayed on this Website.

Subject to your full compliance with these terms, Nth Cycle authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Website is prohibited. You acknowledge that misappropriation or unauthorized disclosure or use of the Website by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.

All names, logos and trademarks on the Website are owned by or licensed to Nth Cycle, whether or not they are set off from surrounding text, or are referred to with a ™ or ® symbol or appear in italics or all capital letters. Third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Nth Cycle should be inferred from the use of these trademarks. Nothing contained in the Website should be construed as granting any license or right of use of any trademark displayed on the Website without the express written permission of Nth Cycle or the third party owner.

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Website (collectively “Feedback”), the Feedback will be the sole property of Nth Cycle. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.

Your Content

Certain features of our Website may allow you to upload content, including written text, graphics, videos, comments, resumes, and other materials. Anything that you or other users upload, post, or otherwise make available through our Service is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you upload to our Website.

You agree that you are solely responsible for, and that Nth Cycle has no responsibility to you or to any third party for, any User Content that you create, upload, transmit or display while accessing or using the Service and for all of the consequences of your actions, including any loss or damage which Nth Cycle may suffer from same.

Content Screening and Copyright

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, or remove any or all User Content from the Service at our sole discretion. Nth Cycle may avail itself of the protections offered under the Digital Millennium Copyright Act. Notices to us regarding any alleged copyright infringement should be sent to hi@nthcycle.com.

Security

We care about the security of our users. Although we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for maintaining the confidentiality of any password associated with any account you use to access the Service. You are solely responsible to us for all activities that occur under your user account, and please notify us immediately of any unauthorized use of your account.

Third-Party Links, Websites, and Services

Our Website may contain links to third-party Websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party Websites, information, materials, products, or services. If you access any third-party Website, service, or content through our Service, you do so at your own risk and you agree that we will have no liability arising from your use of or access to such items.

Termination

We may terminate or suspend your account and bar access to the Service immediately, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-10 of these Terms.

Disclaimer of Warranties

You acknowledge and agree that this Website is provided on an “as is” and “as available” basis. None of Nth Cycle, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the “Nth Cycle Parties”) guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Website, that this Website will be uninterrupted or error free, that any specific information that is requested will be provided or that this Website or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Website and the accuracy, timeliness or completeness of the content or services is assumed solely by you. None of the Nth Cycle Parties makes any, and the Nth Cycle Parties hereby specifically disclaim any and all, representations, endorsements, guarantees, and warranties, express or implied, regarding this Website, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.

Limitation of Liability

Under no circumstances will any of the Nth Cycle Parties be liable for any loss or damage caused by your reliance on information obtained through this Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of this Website. In no event shall any of the Nth Cycle Parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the Website or these Terms, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Nth Cycle Parties’ liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this Website is to stop using thisWebsite.

Response to Online Requests

From time to time, Nth Cycle may offer to provide information or materials via electronic mail or otherwise to interested persons. Nth Cycle reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

Indemnification

You agree to indemnify and hold harmless the Nth Cycle Parties from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Website or any violation of these Terms.