The Website is owned and operated by Cycligent, Inc., a Delaware corporation (“Cyligent”). These Terms are subject to change by Cycligent, without notice. Cycligent, its affiliates, and third-parties may change or make improvements to the Website, including in any products, services, features, and programs that may be offered, without notice to Users. Cycligent also reserves the right suspend or terminate the Website, at any time, without notice or liability to Users or any third parties.
These Terms are not intended and are not to be construed to amend, modify, or supersede any other terms agreed to and accepted by the User in connection with any other products and services offered by Cycligent or the User’s participation in or attendance at any Cycligent events or activities.
Use by Minors. Although the Website is not intended, designed, or promoted specifically for use by minors, to support the interest in the CVR World Cup League and competition, Cycligent’s policy is to allow Users who are at least fourteen (14) years old, but have not reached the age of majority or considered to be an “adult” under the applicable laws of the national and local laws of their residence, provided: (1) access and use of the Website by a minor of the User’s age are not prohibited by law from such access and use; and (2) a parent or legal guardian, with authority to do so, provides Cycligent with written consent for the minor User to participate in the CVR World Cup League and agrees to be fully responsible for the minor User’s access and use of the Website and participation in the CVR World Cup League, including understanding and complying with these Terms. Cycligent does not knowingly collect, either online or offline, personal information from persons under the age of fourteen.
Medical and Physical Condition; Release. The User understands and agrees that the Website is intended for use in connection with athletic, physical activities, including, without limitation, cycling. The User represents and warrants that they do not have a physical or medical condition that poses a risk to the User of suffering bodily injury or death, interferes with or restricts the User from safely accessing and using the Website or otherwise endangers the User’s health and safety by accessing and using the Website.
USERS SHOULD CONSULT A PHYSICIAN BEFORE USING THE WEBSITE AND PARTICIPATING IN THE ATHLETIC AND PHYISCAL ACTIVITIES OFFERED BY IT, PARTICULARLY THOSE USERS WHO HAVE A PRE-EXISTING HEALTH CONDITION. IF A USER EXPERIENCES ANY DISCOMFORT, DIZINESS, FATIGUE, IRREGULAR HEARTBEAT, NAUSEA, PAIN, SHORTNESS OF BREATH, VOMITTING, OR OTHER ADVERSE SYMPTOMS, DISCONTINUE USE OF THE WEBSITE AND THE ATHLETIC AND PHYISICAL ACTIVITIES IMMEDIATELY AND SEEK MEDICAL ATTENTION, AS NECESSARY. DO NOT USE THE WEBSITE OR ENGAGE IN ATHLETIC OR PHYISCAL ACTIVITIES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR PRESCRIPTION MEDICATIONS AND ALWAYS COMPLY WITH WARNINGS ON PRESCRIBED MEDICATIONS AND THOSE OF YOUR PHYSICIAN.
THE USER ACKNOWLEDGES AND AGREES THAT PARTICIPATING IN ATHLETIC AND PHYISCAL ACTIVITIES OFFERED BY THE WEBSITE POSE CERTAIN INHERENT RISKS OF BODILY INJURY OR DEATH AND FULLY AND VOLUNTARILY ASSUMES THESE RISKS, WHETHER KNOWN OR UNKNOWN, EVEN IF CAUSED, IN WHOLE OR PART, BY NEGLIGENT ACTS OR OMISSIONS OF CYCLIGENT OR ITS AFFILIATES. THE USER FURTHER ACKNOWLEDGES AND AGREE THAT CYCLIGENT AND ITS AFFILIATES DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, INSPECTION, PREPARATION, OR SUPERVISION OF ANY COMPETITIONS, CONTESTS, INTERACTIONS, OR RACES THAT UTILIZE THE WEBSITE.
For themselves, their heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively, “Successors”), the USER HEREBY WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND PROMISES TO INDEMNIFY AND NOT TO SUE Cycligent, its affiliates, and all sponsors, organizers, and promoting organizations, that are in any manner connected with the CVR World Cup League and the Website (collectively, “Releasees”), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW, which the User has or may hereafter accrue to the User and the User’s Successors and from any and all damages which may be sustained by the User directly or indirectly in connection with, or arising out of, the User’s access and use of the Website and participation in any athletic or physical activities offered by it.
The User agrees, for themselves and their Successors, that the above representations are binding on them, and are not mere recitals, and that should the User or their Successors assert a claim contrary to what is represented in these Terms, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending the claims.
Electronic Communications. Visiting the Website or sending emails to Cycligent constitutes electronic communications. User consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that Cycligent provides to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Your Account. User is responsible for maintaining the confidentiality of the User account and password and for restricting access to User’s computer, and User agrees to accept responsibility for all activities that occur under User’s account or password. User may not assign or otherwise transfer an account to any other person or entity. User acknowledges that Cycligent is not responsible for third party access to a User account that results from theft or misappropriation of the User account. Cycligent and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
No Unlawful or Prohibited Use / Intellectual Property. User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of User’s use of the Website, User warrants to Cycligent that User will not use the Website for any purpose that is unlawful or prohibited by these Terms. User may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on, through, or obtain via the Website, is the property of Cycligent or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. User agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
User shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Cycligent content is not for resale. User’s use of the Website does not entitle the User to make any unauthorized use of any protected content, and in particular User shall not delete or alter any proprietary rights or attribution notices in any Website content. User shall use protected content solely for personal use, and shall make no other use of the Website content without the express written permission of Cycligent and the copyright owner. User agrees that User does not acquire any ownership rights in any protected content. Cycligent does not grant User any licenses, express or implied, to the intellectual property of Cycligent or its licensors except as expressly authorized by these Terms.
Cycligent, CVR World Cup and other marks indicated on the Website are trademarks of Cycligent in the United States and/or other countries. Other Cycligent graphics, logos, page headers, button icons, scripts, and product names are trademarks or trade dress of Cycligent. Cycliegnt’s trademarks and trade dress may not be used in connection with any product or service that is not Cycligent’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cycligent. All other trademarks not owned by Cycligent that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cycligent.
User shall not upload any content that a User does not own, does not have the rights to, or is otherwise not authorized to use, such actions may make a User account liable to DMCA takedowns by third-party rights holders. Cycligent does not tolerate, for example: rebroadcasting other broadcasters’ content, showing third-party movies and television shows, streaming through unauthorized private servers, or uploading content from other sites without permission of the copyright owner. Cycligent respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe that content posted on a Cycligent Website infringes upon your copyright, please submit a notice following the Copyright Infringement Notification Guidelines herein, which include further information about Cycligent’s policies.
League Rules. Use of the Website may be governed by additional terms and conditions, including but not limited to the league rules (“League Rules”). The League Rules must be adhered to by all Users. It is the User’s responsibility to carefully review, know, understand and abide by the League Rules. The League Rules are incorporated into and are a part of these Terms. The rules contained in the League Rules are not meant to be exhaustive, and Cycligent reserves the right to determine which conduct it considers to be outside the spirit of the rules and to take such measures as it sees fit up to and including termination and deletion of the User’s account. Cycligent reserves the right to modify the League Rules at any time.
Use of Communication Services. The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable Users to communicate with the public at large or with a group (collectively, “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, User agrees that when using a Communication Service, User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Cycligent has no obligation to monitor the Communication Services. However, Cycligent reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cycligent reserves the right to terminate User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Cycligent reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cycligent’s sole discretion.
Users shall always use caution when giving out any personally identifying information in any Communication Service. Cycligent does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cycligent specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. Managers and hosts may not be authorized Cycligent spokespersons, and their views do not necessarily reflect those of Cycligent.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for adhering to such limitations if User uploads the materials.
Materials provided to the Website. Cycligent does not claim ownership of the materials User provides to the Website (including feedback and suggestions) or post, upload, input or submit to any Cycligent Website or associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission User is granting Cycligent, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; and to publish User’s name in connection with User’s Submission.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Cycligent is under no obligation to post or use any Submission User may provide and may remove any Submission at any time in Cycligent’s sole discretion.
By posting, uploading, inputting, providing or submitting User’s Submission, User warrants and represents that User owns or otherwise controls all of the rights to User’s Submission as described in this section including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
Release. User acknowledges and agrees that the Cycligent virtual races and/or any other aspect of the Website may be photographed and recorded in audio, visual, audiovisual, and/or any other format (collectively, the “Recordings”); the Recordings may include images and recordings of the User; and the Recordings will be the property of Cycligent. For valuable consideration, User hereby irrevocably and unconditionally grants and assigns to Cycligent, free of charge, all worldwide rights, title and interest in and to the Recordings, including without limitation all intellectual property and other rights therein and thereto; and grants to Cycligent the non-exclusive, perpetual, royalty-free, worldwide, irrevocable, fully paid, sublicensable, and transferable right, license, and permission (but not the obligation), in all forms and media, whether now known or not currently known, to use the User’s name and to use, adapt, reproduce, distribute, edit, exhibit, publicly display, publicly perform, publish and copyright photographic or videotaped images and recordings of the User with or without the User’s voice (“Likenesses”), at any time now or hereafter, for providing race results, marketing and advertising the Website and any other lawful purposes whatsoever. User hereby waives any right User may have to inspect or approve the Recordings, the materials that may be used in connection with User’s name and/or Likenesses, or the uses made of said materials and Recordings. User hereby waives and releases any claims User may have Cycligent for any damages, costs or liabilities incurred Cycligent’s use of User’s name or Likenesses and/or the Recordings, including but not limited to damages caused by any distortion, alteration, optical illusion or composite use, whether intentional or otherwise, that may occur in making, processing, duplicating, distributing or displaying the Recordings and/or User’s name or these Likenesses. The provisions of this release section are intended for the benefit of Cycligent and its officers, employees, agents, service providers and business affiliates.
Membership, Billing, Payment and Collection. By registering for a paid account, including but not limited to CVR World Cup Training, User agrees to become a member or subscriber of Cycligent. User’s subscription or membership will continue unless and until the membership term ends, User cancels the membership or Cycligent terminates it. User may cancel a Cycligent subscription or membership at any time by contacting Cycligent. User is responsible for all charges incurred under a User account. Cycligent reserves the right to terminate any account if payment is past due, regardless of the dollar amount. If User selects a subscription service, User hereby grants Cycligent permission to automatically charge the agreed-upon subscription fee to User’s chosen payment method at the beginning of each applicable payment period. User is required to keep billing information current, complete and accurate and notify Cycligent if User’s selected payment method is cancelled (e.g., for loss or theft). Cycligent does not offer any refunds or credits, including, without limitation, fees for paid accounts, subscriptions or memberships. If any problems are encountered with the use of any paid Cycligent services, User may contact Cycligent customer support at [email protected]
Cycligent accepts major credit cards, PayPal and/or such other payment methods we may make available to Users from time-to-time through the Website, as forms of payment. Users are subject to all terms and conditions of the payment methods chosen. By submitting an order through the Website, User authorizes Cycligent, or its designated payment processor, to charge the account specified for the purchase amount. All payments are to be made in United States dollars, except where other currencies are offered via the payment methods made available by Cycligent. Users are responsible for any applicable national, state or local sales or use taxes, value added taxes or similar taxes or fees payable in connection with a purchase of any products, services, or digital content. If Users do not pay such sales or other tax or fee on a Cycligent transaction, Users are still responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Cycligent reserves the right to collect such taxes or other fees from Users at any time.
Copyright Infringement Notification Guidelines. To comply with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), Cycligent will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing User. Cycligent also has a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer. If you believe that your copyrighted work is being infringed on a Cycligent Website, please notify our Designated Agent, preferably by email, at:
Phillips Lytle LLP
Attn: Brendan S. Lillis
125 Main Street
Buffalo, NY 14203
Copyright takedown notifications must include the following elements. Without this information, Cycligent will be unable to take action on your request:
- Contact information. Please provide information that will allow Cycligent and the uploader(s) of any image(s) or video(s) you designate to contact you regarding your complaint, such as an email address, physical address or telephone number.
- A description of your work that you believe has been infringed. In your complaint, be sure to clearly and completely describe the copyrighted content you are seeking to protect. If multiple copyrighted works are covered in your complaint, the law allows a representative list of such works.
- Each allegedly infringing image’s or video’s specific URL. Your complaint must contain the specific URL of the image or video you believe infringes your rights, or Cycligent will be unable to locate and remove it. General information about the image or video, such as a username, is not adequate. Please include the URL(s) of the exact image(s) or video(s).
- You must agree to and include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
- Additionally, you must agree to and include the following statement: “The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- Your signature.
Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your complaint.
If you are planning to submit a copyright counter notification, it must include the following specific elements:
- Contact information. Please provide the following information that will allow Cycligent to contact you or a representative authorized to act on your behalf (such as an attorney) regarding your request. If you are an uploader’s authorized representative, please be sure to specify your relationship to the uploader in the counter notification.
- a) Full legal name (a first and last name, not a company name)
- b) Email address
- c) Physical address
- d) Telephone number
- Identification of the specific URL(s). Please include the URL(s) of the exact image(s) or video(s) or Cycligent will be unable to reinstate them. Your counter notification must include specific links to the material that has been removed or disabled. General information about the image or video, such as a username, is not adequate.
- You must agree to and include the following statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Cycligent, Inc. is located, and will accept service of process from the claimant.”
- And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature. Complete counter notifications require your physical or electronic signature, or the signature of a representative authorized to act on your behalf, such as an attorney. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your request.
Disclaimers. ANY SERVICES MADE AVAILABLE ON OR THROUGH THE CYCLIGENT WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CYCLIGENT AND SUCCESSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CYCLIGENT CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF ANY PRODUCTS OR SERVICES. CYCLIGENT DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCTS, SERVICES OR DIGITAL CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE CYCLIGENT SERVICES OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, USERS SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYCLIGENT OR ITS SUCCESSORS BE LIABLE TO USERS OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM THE PURCHASE OR USE OF ANY CYCLIGENT PRODUCTS OR SERVICES, EVEN IF CYCLIGENT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CYCLIGENT’S LIABILITY TO A USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY SUCH USER TO CYCLIGENT FOR THE PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL CYCLIGENT’S LIABILITY TO A USER EXCEED ONE HUNDRED U.S. DOLLARS ($100) IN THE AGGREGATE. USER ACKNOWLEDGES THAT IF NO AMOUNT IS PAID TO CYCLIGENT FOR A PRODUCT OR SERVICE, USER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CYCLIGENT, REGARDLESS OF THE CAUSE OF ACTION.
Links to Third Party Sites. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cycligent and Cycligent is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cycligent is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Cycligent of the site or any association with its operators.
Third Party Services. Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website, User hereby acknowledges and consents that Cycligent may share such information and data with any third party with whom Cycligent has a contractual relationship to provide the User requested product, service or functionality on behalf of Website Users and customers.
International Users. The Website is controlled, operated and administered by Cycligent from offices within the USA. If Users access the Website from a location outside the USA, User is responsible for compliance with all local laws. User agrees that User will not use the Website accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
U.S. Trade Laws. The Website (including all code, files, programs, and software contained or utilized in it) may not be, directly or indirectly, exported, reexported, transferred, downloaded, or released to or by any party appearing on list of restricted parties, including, without limitation, the U.S. Department of Treasury, Office of Assets Control Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce, Bureau of Industry and Security Denied Persons List or Entity List, or to a country or region against which the U.S. Government maintains comprehensive sanctions or an embargo, including, without limitation, Cuba, the Crimea Region, Iran, N. Korea, Sudan, or Syria, without U.S. Government authorization or license. The User represents and warrants that you are not located in, under the jurisdiction of, a national of, or acting on behalf of any such country or party that is on any such list.
Apple Device Terms. This section applies to Users that use the Website through an application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to Users that do not use the Website on an Apple Device. The parties acknowledge that these Terms are concluded solely between Cycligent and the User, and not with Apple, and Apple is not responsible for the Website and the content thereof. Any support that may be offered by Cycligent in connection with the Website is solely the responsibility of Cycligent and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Website. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the Website. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Website. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the Website or the end-user’s possession and/or use of that Website, including, but not limited to: (i) product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the Website or User’s possession and use of the Website infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third party beneficiary thereof.
Governing Law; Disputes. Without regard to its conflict of law rules, these Terms shall be governed by and construed in accordance with the laws of the State of Arizona and applicable federal laws of the United States. In the event of any controversy or claim arising out of or relating to these Terms (“Dispute”), the parties shall first consult and negotiate with each other, directly or through their representatives, and, recognizing their mutual interests, attempt to reach a satisfactory resolution of the Dispute. If the parties do not resolve the Dispute to their mutual satisfaction within sixty (60) calendar days, then upon written notice by either party to the other, any unresolved Dispute shall be submitted to the American Arbitration Association (“AAA”) or, if the User is a resident outside the United States (including its territories and possessions), to the London Court of International Arbitration (“LCIA”) for final and binding arbitration under the applicable commercial rules, unless otherwise agreed by the parties, in writing. The arbitration shall be held before a single arbitrator agreed upon by the parties or, in the event the parties do not agree, appointed by the applicable arbitral body. All proceedings shall be conducted in English. All AAA arbitration proceedings shall be held in Tucson, Arizona, and all LCIA arbitration proceedings shall be held in London, England, unless otherwise agreed by the parties and arbitrator.
Without regard to the forum, any remedy and any award against Cycligent and all of its parents, subsidiaries, affiliates, assigns, successors shall be limited to actual damages incurred and a User shall not be entitled to any award or recovery for consequential, incidental, punitive, or exemplary damages.
Arbitration of a Dispute is mandatory, except as stated otherwise in these Terms. Any lawsuit brought by a User involving a Dispute that is not subject to arbitration, shall be resolved individually without resort to any form of class action litigation. Notwithstanding anything in these Terms, the User shall retain the right to seek relief in a small claims court for any Dispute within the scope of such court’s jurisdiction.
For more information regarding AAA arbitration and rules, please visit www.adr.org or call +1.800.778.7879. More information about LCIA arbitration and rules can be found at www.lcia.org or by calling +44 (0) 20 7936 6200.
Controlling Language. English is the official and controlling version of these Terms. Any translation of these Terms is for the convenience of the User only. Any conflict between any translation of these Terms from English into another language will not be binding on Cycligent and its affiliates and all such translated terms hereby rejected as modifications or amendments to these Terms.
Changes to Terms. Cycligent reserves the right, in its sole discretion, to change these Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Cycligent encourages Users to periodically review the Terms to stay informed of any updates.
Contact Us. Cycligent welcomes your questions or comments regarding the Terms:
5215 N. Sabino Canyon Road, Tucson, AZ 85750
Effective as of January 19, 2018