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Web Site Terms and Conditions of Use

The following describes the terms on which EtherCycle LLC offers you access to our services.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Before you may use the EtherCycle LLC service, you must read and accept all of the terms in this License Agreement. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use EtherCycle LLC's sites or services.

While using EtherCycle LLC sites and services, you will not:
  • violate any laws, third party rights or our policies;
  • use our sites services or tools if you are not able to form legally binding contracts, or are under the age of 18;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • distribute content or any other technologies that may harm EtherCycle LLC, or the interests or property of EtherCycle LLC users or partners;
  • copy, modify or distribute rights or content from the EtherCycle LLC sites or service or EtherCycle LLC's partnering manufacturer's copyrights and trademarks;

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the the total fees you paid to us in the 12 months prior to the action giving rise to the liability.

Additionally, you agree that you will not:
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of EtherCycle LLC and the appropriate third party, as applicable; or
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools;

You will indemnify and hold EtherCycle LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Except as explicitly stated otherwise, legal notices shall be served on EtherCycle LLC's national registered agent (in the case of EtherCycle LLC) or to the email address you provide to EtherCycle LLC during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you by email. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.