Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms and Conditions of Use apply to the website located at www.nthcycle.com (the “Website”) and all design, content, and materials featured on the Website, including text, product information, graphics, images, photography, audio and video content, software, data, and other information as may be updated from time to time (the “Content”). By accessing or using this Website and the Content, you agree to be bound by these terms and conditions. These terms may change from time to time without prior notice, and you agree to be bound by the version in effect each time you access this Website. If you do not agree with these terms, do not access or use the Website or the Content.



1. Consent and Permitted Use

Your use of this Website and/or the Content constitutes your unconditional agreement to follow and be bound by these Terms. Although you may bookmark a particular portion of this Website and thereby bypass this agreement, your use of this Website still binds you to its terms. Nth Cycle reserves the right, at any time, to modify, suspend, or discontinue the Website and/or any Content without notice.

The Website and Content, and all intellectual property rights therein, are owned by Nth Cycle, Inc. (“Nth Cycle,” “we,” or “us”) or by others who have permitted us to display their content. You may view the Content and print or save one copy of any portion for personal, non-commercial use, provided that you do not modify the Website, the Content, or any copyright or other proprietary notices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or otherwise exploit any part of the Website or Content without our prior written consent.

2. Prohibited and Unlawful Use

You represent and warrant that you will not use this Website and/or the Content for any purpose that is unlawful or prohibited by these Terms. You agree not to reverse engineer any aspect of the Website, or use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Website or extract data. You agree not to “frame” the Website or otherwise represent that you have a relationship with Nth Cycle or that Nth Cycle has endorsed you for any purpose.

3. Intellectual Property

The Content is protected by applicable law, including U.S. copyright law and international treaties, trademarks, trade dress, and other proprietary rights. Except for the limited rights expressly granted herein, all rights are reserved. OYSTER® is a registered trademark of Nth Cycle, Inc. All other trademarks, service marks, and trade names on this Website are the property of their respective owners. The appearance of third-party trademarks on this Website does not imply affiliation with or endorsement by Nth Cycle.

The Content is provided for informational purposes only and should not be relied upon as accurate, timely, or fit for any particular purpose. Any information related to products, services, or technology is preliminary and subject to change.

4. Links to Third-Party Websites

Nth Cycle has not reviewed all sites linked to this Website and is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by Nth Cycle. Access to any linked website is at your own risk, and by accessing such links you leave our Website and these Terms no longer govern. Nth Cycle is not liable for any third-party websites or their contents and has no control over them.

5. Disclaimer and Limitation of Liability

Information Purposes Only. The Website and Content are provided for general informational purposes only. While Nth Cycle strives to provide accurate and current information, Nth Cycle does not represent or warrant that any Content is accurate, complete, reliable, current, or suitable for any particular purpose. Information regarding Nth Cycle's products, services, technology, capabilities, development activities, performance metrics, or future plans is preliminary, subject to change without notice, and should not be relied upon as a representation, warranty, commitment, or guarantee.

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR CONTENT IS AT YOUR OWN RISK. NTH CYCLE MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR CONTENT AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES. NTH CYCLE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OR VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NTH CYCLE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL NTH CYCLE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES), WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

6. Indemnification

You agree to defend, indemnify, and hold harmless Nth Cycle, Inc. and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees from and against any and all losses, actions, claims, damages, costs, and expenses, including reasonable legal fees, arising from or related to your use of this Website or any Content on this Website. This obligation survives the termination of these Terms and remains in full force and effect.

7. Revisions and Errata

The materials on this Website may include technical, typographical, or photographic errors. Nth Cycle does not warrant that any materials are accurate, complete, or current, and may make changes at any time without notice. Nth Cycle does not make any commitment to update materials.

8. Modifications to Terms

Nth Cycle may revise these Terms at any time without notice. By using this Website, you agree to be bound by the then-current version of these Terms and Conditions of Use. This Agreement, together with all referenced policies, represents the complete agreement between you and Nth Cycle with respect to this Website and supersedes all prior agreements and representations. If any provision of this Agreement is held to be unenforceable, it shall be reformed only to the extent necessary to make it enforceable, and the remaining terms shall remain in full force and effect. Nth Cycle’s failure to act with respect to a breach of this Agreement does not constitute a waiver of its rights. Nth Cycle may assign its rights and obligations under this Agreement to any party at any time without notice.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in the courts of Massachusetts, and you hereby irrevocably submit to the jurisdiction of those courts for all such purposes. Nth Cycle may, in its sole discretion, elect to resolve any dispute arising out of or relating to this Agreement through binding arbitration administered by the American Arbitration Association in Massachusetts. Such election may be made by written notice to the other party prior to the commencement of substantive proceedings.

10. Privacy Policy

Please review our full Privacy Policy at www.nthcycle.com/privacy-policy for additional detail.

Nth Cycle, Inc.
15 Blue Sky Drive
Burlington, MA 01803