CircleChoice.com

Terms of Service

1. Acceptance of Terms
   This website located at www.circlechoice.com (this "Site") as well as software products (along with updates and upgrades, the "Software Products") is being provided by CircleChoice, subject to your acceptance of the following User Agreement ("Agreement") which may be updated by CircleChoice from time to time. By becoming a Visitor or User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. You can review the most current version of this Agreement at any time at http://www.circlechoice.com/cc/terms.htm. When using a particular service or product offered on the Site you also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact us at info@circlechoice.com before using this Site. All references herein to "we" or "us" refer to CircleChoice.
2. Types of Visitors
   Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site or the Software Products. All Visitors have access to the home page of the Site. A Visitor who becomes a registered User of the Site shall be deemed a "User." Only Users may, in accordance with the procedures and conditions set forth below, download the Software Products (as defined below). CircleChoice and any Visitor shall be deemed "Parties" to this Agreement.
3. Description of Services
   CircleChoice is a free network service where users can find referrals for businesses and services from friends, friends of friends and an associated network of local participants indirectly associated with friends.
4. Conditions of Use
   If a User is an individual, such User must be over the age of 18 and possess the capacity to enter into binding contracts. In order to become a User, you must register and provide to us certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information constitutes a material breach of the Agreement.
5. No Endorsement of Content or Businesses
   CircleChoice makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site including, without limitation, the availability or quality of any of the services offered by third parties. CircleChoice does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. CircleChoice shall have no obligation to review the Site's content or pre-screen any of the service businesses. All content provided by Users of the Site is the sole responsibility of the User, not CircleChoice. You understand that by using the Site and the Software Products you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may contain hyperlinks to third party web sites outside of the Site. We make no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. We have no control over the content of any hyperlinked third party web sites and shall have no obligation to review those sites' content. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will CircleChoice be liable for any loss or damage of any kind as a result of the use of any content or service businesses posted, emailed or otherwise made available through the Site or via the Software Products.
6. Acceptable and Lawful Use of Site
   Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another's privacy, or harm minors in any way; (f) shall not create liability for us or cause us to lose (in whole or in part) the Software Products or our suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. Visitors shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site and the Software Products. CircleChoice reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
7. Acceptable and Lawful Use of Software
   Any Software Product that is made available, either as a download or otherwise, from the Site is the copyrighted work of CircleChoice and/or its affiliates or suppliers. Use of the Software Products is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software Product ("License Agreement"), or as expressly stated on the website pages accompanying the software. An end user will be unable to install any Software Products that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software Products are made available solely for use by end users according to the License Agreement. Any use, reproduction, redistribution of the Software Products not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies a Software Product, use of the software will be governed by the Terms of Use.
   WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
8. License Granted
   User grants CircleChoice a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in Registration Information provided to CircleChoice by User, in any media whether now known or hereafter to become known. CircleChoice will only use Registration Information in accordance with its Privacy Policy.
9. Relationship
   No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and CircleChoice. This Agreement is between the Visitor and CircleChoice and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that CircleChoice is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release CircleChoice, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
10. Posting Reviews on CircleChoice
    By posting a review, the poster thereby represents that the review is based upon an actual experience with the merchant being reviewed. You represent and warrant that you own or otherwise control all of the rights to the content you post and that the content is accurate. CircleChoice reserves the right, but not the obligation, to refuse to post or to remove any review or portions thereof, in any media worldwide if it contains or features any of the content described in Section 6. Businesses are not allowed to review themselves for the purpose of advertising. Any reviews deemed originating from a business owner and/or other representative for the sole purpose of promoting the business will be deleted. Businesses interested in advertising on CircleChoice should contact us at accountservice@circlechoice.com.
    Reviews do not reflect the views of CircleChoice, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. CircleChoice does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. With respect to content you submit or make available for inclusion on the Site ("Content"), you grant CircleChoice a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that CircleChoice, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide. If you have any questions regarding Reviews, please contact CircleChoice at customerservice@circlechoice.com
11. Offline Conduct
    Although CircleChoice cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. In addition, CircleChoice may provide toll-free phone numbers to its advertisers for the express purpose of soliciting business from the users of CircleChoice. It is a violation of these rules for users to call these toll-free numbers to solicit business from advertisers, to test the service or for any reason other than inquiring about the products and services being advertised.
12. Security
    We utilize secure servers to protect your Registration Information. Users shall not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User's account.
13. Privacy Statement; Email
    Visitors agree that they have read and understand the terms of our Privacy Statement at http://www.circlechoice.com/cc/privacy.htm which is hereby incorporated into this Agreement by reference. Visitors acknowledge that the Site may link to other sites not controlled by us and that the collection of a Visitor's data by these sites is outside the scope of our control. CircleChoice reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the Site and Software Products.
14. System Integrity
    Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of CircleChoice. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of CircleChoice. Information on the Site is frequently updated and is proprietary or is licensed to CircleChoice. Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of CircleChoice and the appropriate third party.
15. System Outages
    We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
16. No Warranty
    CircleChoice provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. CircleChoice specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Visitor assumes total responsibility and risk for use of this site, use of any service businesses obtained from this site, the software products, and hyperlinked web sites. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We make no warranty that the site will meet visitors' requirements, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from CircleChoice shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
17. Other Limitations of Liability
    In no event whatsoever shall CircleChoice, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall CircleChoice' total cumulative liability under this agreement exceed US$50. In any event, liability is limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. CircleChoice neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of CircleChoice, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
18. Indemnification
    Visitor and User agree to indemnify, defend and hold harmless CircleChoice, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's or User's (directly or through its agents) use of the Site or Software Products provided hereunder by CircleChoice and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.
19. Violations of Terms and Liquidated Damages
    Please report any violations of these Terms of Service, by emailing to customerservice@circlechoice.com. 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. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay CircleChoice liquidated damages as follows: A. If you post a review that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity, you agree to pay CircleChoice one thousand dollars ($1,000) for each such review. B. If CircleChoice terminates your access to or use of the Site, you agree to pay CircleChoice one hundred dollars ($100) for each review posted or for each day on which you access CircleChoice, whichever is higher. C. If you post reviews in violation of these Terms of Service or otherwise violate these Terms of Service, other than as described above, you agree to pay CircleChoice one hundred dollars ($100) for each such violation. In its sole discretion, CircleChoice may elect to issue a warning before assessing damages. Otherwise, you agree to pay CircleChoice actual damages, to the extent such actual damages can be reasonably calculated.
20. Intellectual Property
1. Generally
   All pages within the Site are the property of CircleChoice. The Site and the Software Products are protected by federal and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of CircleChoice. A Visitor may not, and this Agreement does not give a Visitor permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site or the Software Products. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A Visitor may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by CircleChoice.
2. Trademark Notice
   All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks in Visitor. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on this Site, without the express written permission of CircleChoice or the trademark owner.
3. Submissions
   We appreciate and will consider any comments you may have on the Software Products, our Site, service, or ideas you may have on how to improve them. Please email us with your feedback at feedback@circlechoice.com. Please note that by doing so, or by otherwise posting, uploading, inputting, providing or submitting ("Posting") your comments, feedback, concepts, know-how, techniques, software, Registration Information, Reviews, or ideas ("Submission"), you irrevocably assign free of charge, all worldwide rights, title and interest in all copyrights, patent rights, and all other intellectual property rights in the Submission to CircleChoice, its successors and assigns. You agree to cooperate with CircleChoice, its successors, and assigns, in perfecting such intellectual property rights. Without limitation, CircleChoice, its affiliated companies and its licensees, will be entitled to use your Submission on an unrestricted basis, for any purpose whatsoever, including, to: develop, manufacture and market products incorporating such Submission, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the unrestricted right to license such rights. CircleChoice does not wish to receive any submission that is confidential or proprietary. You agree not to post or otherwise provide any submission that you consider confidential or proprietary, and any submissions you post will be deemed and treated as non-confidential and non-proprietary. In addition, do not post any Submissions that you do not want to assign to CircleChoice. No compensation will be paid or is due with respect to the assignment or use of your Submission, as provided herein. CircleChoice is under no obligation to post or use any Submission you may provide. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to assign, provide, post, upload, input or submit the Submission.
21. Notices
    Notices to User and CircleChoice shall be by email. Notices to CircleChoice shall be sent to info@circlechoice.com. Notices to User shall be sent to the email address contained in User's Registration Information. User is responsible for keeping User's Registration Information current. CircleChoice shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing customerservice@circlechoice.com.
22. Electronic Signatures
    Visitors and CircleChoice agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by the Visitor. The Visitor and CircleChoice further agree that by entering into this Agreement they shall agree to accept electronic signatures or other reasonable electronic indicia as effective forms of acceptances. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic transmission shall be considered to have the same binding legal effect as an original signed document. Visitor agrees that Visitor shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to the Agreement, and User agrees to waive such defense.
23. Governing Law and Choice of Forum
    This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the Software Products shall be brought exclusively in the federal or state courts of the Commonwealth of Massachusetts and both Parties consent to the jurisdiction thereof.
24. Miscellaneous
    In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of Visitor or CircleChoice, at any time or times, to require performance of any provision hereof shall in no manner affect Visitor or CircleChoice' right at a later time to enforce such provision. No delay or failure of Visitor or CircleChoice in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between CircleChoice and you, the Visitor, pertaining to the subject matter hereof. In its sole discretion, CircleChoice may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. Visitor shall regularly review the Agreement that is posted at http://www.circlechoice.com/cc/terms.htm. If you have any questions about the Agreement, contact us at info@circlechoice.com. Visitors may not assign their rights or delegate their responsibilities hereunder without the express written permission of CircleChoice. CircleChoice may, at any time, assign its rights or delegate its obligations hereunder without notice to Visitor. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
25. Inquiries
    The Site and any content are offered by CircleChoice. Anyone wishing a copy of this Agreement may obtain such by accessing the Site, or emailing info@circlechoice.com. Questions concerning the Site, the Software Products, or any aspect of this Agreement should be directed to CircleChoice.