Terms of Service
Effective January 5, 2007
This Agreement sets forth the terms and conditions for your
use of CyclesPage Web site. Your use of this site indicates
your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you
and SBG Design, Inc. ("SBG"), a limited-liability
corporation organized and existing under the laws of Texas
and with a principal place of business at 6704-4 Manchaca Road,
Austin, Texas, 78745.
By using any interactive services provided herein, you are
agreeing to comply with and be bound by the terms, conditions
and notices relating to its use.
- As a condition of your use of the CyclesPage.com site
("the site") and the interactive services contained
therein, you represent and warrant to SBG that you will
not use this Web site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices.
- The information, products, and services included on this
Web site may include inaccuracies or typographical errors.
Changes are periodically added to the information herein.
SBG may make improvements and/or changes in this Web site
at any time. Advice and predictions received via this Web
site should not be relied upon for legal, medical, or financial
decisions and you should consult an appropriate professional
for specific advice tailored to your situation.
- SBG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND
SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
- SBG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
- IN NO EVENT SHALL SBG BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE,
WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, WITH THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SBG HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
- DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT
OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO UMSUBSCRIBE FROM THIS WEB
SITE.
- SBG reserves the right to change the terms, conditions, and
notices under which this Web site is offered. Any modification is
effective immediately upon posting to the Site or distribution via
electronic mail. Your continued use of the Site following notice of any
modification to this Agreement shall be conclusively deemed an acceptance
of all such modification(s). Your only right with respect to any
dissatisfaction with any modifications made pursuant to this provision, or
any policies or practices of SBG in providing the Site, is to cancel your
subscription by visiting the "Set Preferences" link.
- In addition to
any other rights of the parties set forth herein, either you or SBG may
cancel or terminate this Agreement at any time by visiting the "Set
Preferences" link. SBG also reserves the right to restrict, suspend or
terminate your access to the Web site in whole or in part, without
notice, with respect to any breach or threatened breach of any portion of
this Agreement. If SBG terminates this Agreement based on a breach of any
portion of this Agreement, SBG reserves the right to refuse to provide a
subscription to you in the future.
- This agreement is governed by the laws of the State of
Texas, U.S.A. You hereby consent to the exclusive jurisdiction
and venue of courts in Travis County, Texas, U.S.A. in all
disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and SBG as a result
of this agreement or use of this Web site. The performance
of this agreement by SBG is subject to existing laws and
legal process, and nothing contained in this agreement is
in derogation of its right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of this Web site or information provided to
or gathered with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of
the agreement shall continue in effect.
- This agreement constitutes the entire agreement between
the user and SBG with respect to this Web site and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written with respect to this
Web site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. Fictitious names
of companies, products, people, characters and/or data mentioned
herein are not intended to represent any real individual,
company, product or event. Any rights not expressly granted
herein are reserved.
- All contents of this Web site are Copyright © SBG
Design, Inc. unless otherwise attributed.
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