Welcome to the website www.10to90.comwww.10to90.com (the “Site”). The Site is operated by Cyclyx International, LLC (“we”, “us” or “Cyclyx”). By accessing or using the Site you (you are referred to hereafter as “you” or “your”) signify that you have read, understand and agree to be bound by these Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and we will indicate at the top of this page the date upon which the most recent version of these terms became effective. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use or the Privacy Policy, do not use or access (or continue to use or access) the Site or any platform available to registered users made available at the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Please read these Terms of Use carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) is the property of Cyclyx, its licensors, or other third parties. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Cyclyx’s prior written permission. You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use, including any password-restricted areas to which you have properly gained access, solely for your internal. You may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation. Any use of the Site Content outside this limited license is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.
The Site or any mobile application associated with the Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s (or an application associated with the Site’s) features, and the ability to upload content to the Site or associated applications, receive messages from the Site or any associated app, and download applications to your wireless Internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site or via an associated app for Wireless Features, then you agree to notify Cyclyx of any changes to your wireless contact information (including phone number) and update your accounts for the Site to reflect the changes.
You may not use this Site for any unlawful purpose. You may not use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.
Cyclyx may disable your access to the Site at any time, for any or no reason, and without notice to you, subject to the terms of any user agreement.
You agree that you have read, understood and accept the terms of Cyclyx’s 10 to 90 Website Privacy Policy (“Privacy Policy”). This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site, including any portions of the site that require user name/password credentials for access.
You are granted a limited, non-exclusive right to create a hyperlink to the Site’s home page, provided such link does not portray Cyclyx or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by Cyclyx. You may not use any logo or other proprietary graphic or trademark of Cyclyx to link to any page of this Site without the express written permission of Cyclyx. This limited right may be revoked at any time.
The Site may contain links to other websites that are not under the control of Cyclyx. The inclusion of any link does not imply endorsement by Cyclyx of such site and Cyclyx is not responsible for the content of such linked sites. If you decide to leave the Site and access a third-party website, you do so at your own risk.
The Site, Site Content and the other content and services made available on the Site are provided on an “as is” and “as available” basis. Cyclyx does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site Content, or any advice or services provided through the Site to the extent permitted by law. Cyclyx does not warrant that access to the Site or Site Content will be uninterrupted or error-free, that defects in the site will be corrected, or that the Site is free from viruses or other harmful components.
You expressly agree that use of the Site, including all content, data or software distributed by, downloaded or accessed from or t hrough the Site, is at your sole risk.
Under no circumstances shall Cyclyx, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to such damages for lost data, due to your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.
You agree to indemnify and hold harmless Cyclyx, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, harm, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to arise out of or result from: (1) your use of this Site; (2) your violation of these Terms of Use or the User Agreement, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use; or (3) your use of any information obtained from the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to Cyclyx are non-confidential and that Cyclyx shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms of Use shall be governed by the laws of the State of Delaware and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with use of the Site, shall be litigated exclusively in the state and federal courts residing in State of Delaware and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in State of Delaware.
CYCLYX, the Cyclyx Logo, 10 to 90, and the 10 to 90 logo are trademarks of Cyclyx. You agree not to display or use these trademarks in any manner without Cyclyx’s prior, written permission.
Cyclyx may assign this agreement at any time. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
The failure of Cyclyx to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in any that or any instance.
These Terms of Use, our Privacy Policy, and any additional user agreement relating to your use of the Site constitute the sole and entire agreement between you and Cyclyx regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
No waiver by Cyclyx of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cyclyx to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use were last revised on November 16, 2022.
If you have any questions or suggestions regarding these Terms of Use, please contact Cyclyx at:
Cyclyx International, LLC, Attn: General Counsel, 1 New Hampshire Ave, Suite 340, Portsmouth, New Hampshire 03801; By e-mail: lawsupport@cyclyx.com