TERMS OF SERVICE
These Terms of Service apply to circadesign.net, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the “Circa Design”). As used herein, “we,” “us” and “our” refers to Circa Design.
These Terms of Service apply to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).
These Terms of Service and any other terms that appear on the page from which you were directed to these Terms of Service govern your use of Circa Design. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service will control. If you have purchased access to Circa Design through a third party (for instance, an online store that sells applications), such third party is not a party to these Terms of Service, and in the event of any conflict between the terms that apply to your purchase of Circa Design services from such third party and these Terms of Service, such third party terms will control.
These Terms of Service may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of Circa Design is subject to the Terms of Service then in effect. Continued access to Circa Design by you following any modification in the Terms of Service will constitute your acceptance of the Terms of Service as modified. If you do not agree to be bound by all of the terms set forth below, do not use any Circa Design website or services.
CIRCA DESIGN PROVIDED “AS-IS, AS-AVAILABLE”
The materials comprising Circa Design are provided by Circa Design as a service to you for your noncommercial, personal use on an “as-is, as-available” basis. The materials may be used by you for informational purposes only. You acknowledge that you are using Circa Design at your own risk. Circa Design may add features to or remove features from Circa Design at any time and from time to time in its sole discretion.
Circa Design assumes no responsibility for any errors or omissions in the materials comprising Circa Design. Circa Design makes no commitment to update the information on Circa Design. No advice or information given by Circa Design or any other party on the Circa Design shall create any warranty or liability. Furthermore, Circa Design is not responsible for any content transmitted or posted to Circa Design by any third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of Circa Design. (See below regarding “User Content.”)
Circa Design periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Circa Design shall have no liability for the resulting unavailability of Circa Design or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
Circa Design makes no, and expressly disclaims any, representations or warranties, express or implied, regarding Circa Design, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Circa Design makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on Circa Design or accessed via Circa Design, or that Circa Design will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall Circa Design, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with Circa Design, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.
Governing Law, Jurisdiction and Choice of Forum
You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of Circa Design, shall be governed by and construed in accordance with the substantive laws of the State of Delaware. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.
The failure of Circa Design to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.