User Agreement

MYCIRCLESEARCH.COM TERMS OF USE

This application/website hosts an interactive social platform which is an exciting and entertaining web-based forum for engaging users in an interactive environment.  The following governs your access and use of CIRCLE SEARCH, including all accounts, posted multimedia, comments, and other information and/or any other content (collectively, "Content") available on or through CIRCLE SEARCH, as engaged by you or other users.  For convenience, CIRCLE SEARCH and its related business, CIRCLE SEARCH LLC, its executives, directors and employees, are referred to hereinafter collectively as “CIRCLE SEARCH.” 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, USING OR BROWSING CIRCLE SEARCH OR ANY OF THE CONTENT. 

BY ELECTRONICALLY ACCESSING CIRCLE SEARCH, CREATING A PERSONAL USER ACCOUNT ON CIRCLE SEARCH, AND/OR ENGAGING IN ANY OF THE INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH CIRCLE SEARCH, YOU AGREE:

(1) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF USE AND LEGAL NOTICES CONTAINED HEREIN; AND

(2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE AND LEGAL NOTICES;

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE CIRCLE SEARCH OR ANY OF THE CONTENT.  MOREOVER, CIRCLE SEARCH DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE CIRCLE SEARCH OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.

 

THIRD-PARTY WEBSITES

CIRCLE SEARCH may contain links to third party websites that are not owned or controlled by CIRCLE SEARCH. CIRCLE SEARCH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CIRCLE SEARCH will not and cannot censor or edit the content of any third-party site.  By using CIRCLE SEARCH, you expressly relieve CIRCLE SEARCH from any and all liability arising from your use of any third-party website.

 

GENERAL PERMISSIONS AND RESTRICTIONS

CIRCLE SEARCH hereby grants you permission to access and use CIRCLE SEARCH as set forth herein, provided that:

A.        You agree not to alter or modify any part of CIRCLE SEARCH, except as provided for herein.

B.         You agree not to access CIRCLE SEARCH Content through any technology or means other than the authorized webpages and/or applications designated by CIRCLE SEARCH, or other explicitly authorized means CIRCLE SEARCH may designate in writing.

C.        You agree not to use CIRCLE SEARCH for any commercial use without the prior written authorization of CIRCLE SEARCH. Prohibited commercial uses include any of the following actions taken without CIRCLE SEARCH's express approval:

•          sale of access to CIRCLE SEARCH or its related services on another website;

•          use of CIRCLE SEARCH or its related services for the primary purpose of gaining advertising or subscription revenue;

•          the sale of advertising, on the CIRCLE SEARCH website or any third-party website, targeted to the content of specific CIRCLE SEARCH Content; and

•          any use of CIRCLE SEARCH or its related services that CIRCLE SEARCH finds, in its sole discretion, to use CIRCLE SEARCH Content with the effect of competing with or displacing the market for CIRCLE SEARCH or CIRCLE SEARCH Content.

D.        Prohibited commercial uses do not include any use that CIRCLE SEARCH expressly authorizes in writing.

E.         Where expressly allowed by CIRCLE SEARCH, if you use any CIRCLE SEARCH Content on another website, you must include a prominent text link back to CIRCLE SEARCH on the pages where the CIRCLE SEARCH Content is utilized.  In such an instance you may not modify, build upon, or block any portion of the utilized CIRCLE SEARCH Content.  

F.         You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses CIRCLE SEARCH in any manner.  Notwithstanding the foregoing, CIRCLE SEARCH grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  CIRCLE SEARCH reserves the right to revoke these exceptions either generally or in specific cases.  

H.        You agree not to collect or harvest any personally identifiable information, including account names, from CIRCLE SEARCH, nor to use the communication systems provided by CIRCLE SEARCH (e.g., comments, messaging, etc.) for any commercial solicitation purposes.  

I.          You will otherwise comply with the terms and conditions contained herein, and all applicable local, national, and international laws and regulations.

J.          CIRCLE SEARCH reserves the right to discontinue any aspect of CIRCLE SEARCH at any time.

 

LICENSE

You agree by accessing, browsing or otherwise using CIRCLE SEARCH, CIRCLE SEARCH and the Content are, remain and/or will become the sole property of CIRCLE SEARCH or third-party providers, as applicable.  Except as expressly permitted by CIRCLE SEARCH in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view CIRCLE SEARCH and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by CIRCLE SEARCH) and not for resale or distribution to anyone else.  You also agree that, with respect to any copy of the Content that you are permitted upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.  

Unless otherwise provided in writing by CIRCLE SEARCH, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of CIRCLE SEARCH or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic.  

 

ADDITIONAL USER RESTRICTIONS

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on CIRCLE SEARCH.

A.        The Content on CIRCLE SEARCH, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to CIRCLE SEARCH or on of its business partners, subject to copyright and other intellectual property rights under the law.  Content on CIRCLE SEARCH is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein.  CIRCLE SEARCH reserves all rights not expressly granted in and to CIRCLE SEARCH and the Content.

B.         To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of CIRCLE SEARCH. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of CIRCLE SEARCH or otherwise as prohibited herein.

C.        You may access CIRCLE SEARCH Content and other content only as permitted herein. CIRCLE SEARCH reserves all rights not expressly granted in and to the CIRCLE SEARCH Content and the CIRCLE SEARCH website and application.

D.         You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through CIRCLE SEARCH for any commercial purposes.

E.         You agree not to circumvent, disable or otherwise interfere with security-related features of CIRCLE SEARCH or features that prevent or restrict use or copying of any Content or enforce limitations on use of CIRCLE SEARCH or the Content therein.

F.        You understand that when using CIRCLE SEARCH, you may be exposed to content from a variety of sources, and that CIRCLE SEARCH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CIRCLE SEARCH with respect thereto, and agree to indemnify and hold CIRCLE SEARCH, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.

 

CIRCLE SEARCH USER ACCOUNTS

In order to access some features of CIRCLE SEARCH, you may have to create a CIRCLE SEARCH user account either directly or through one of CIRCLE SEARCH’s strategic business partners, which may also work with CIRCLE SEARCH.  You agree never to use another's account without permission. When creating your user account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CIRCLE SEARCH immediately of any breach of security or unauthorized use of your account.

Although CIRCLE SEARCH is not liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of CIRCLE SEARCH or others due to such unauthorized use.

 

USER IDS AND PASSWORDS

Access to certain areas of CIRCLE SEARCH or the Content are limited by a user identifier ("User ID") and password, which is selected and/or supplied as part of the registering for a personal account with CIRCLE SEARCH.  By registering, you represent, warrant and covenant that: (i) You are of lawful age in your jurisdiction to access the CIRCLE SEARCH Content; (ii) You are using your actual identity; (iii) You have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

By logging onto CIRCLE SEARCH using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder.  You agree that you will be solely responsible for the maintenance and security of your User ID and password.  You also agree that you will be solely responsible for any activities conducted on or through CIRCLE SEARCH.  Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third party. 

In addition, you agree that you are entirely responsible for any and all activities which occur under your account whether or not you are the individual who undertakes such activities.  This includes any unauthorized access and/or use of your account should you fail to sufficiently disconnect and/or log off CIRCLE SEARCH and/or a public computer system.  Accordingly, you absolve and release CIRCLE SEARCH from any claim of harm resulting from a third party undertaking the activities. 

CIRCLE SEARCH reserves the right to deny or revoke access to CIRCLE SEARCH, or any part thereof, at any time in our sole discretion, with or without cause.  If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify CIRCLE SEARCH immediately. 

 

SITE MONITORING

CIRCLE SEARCH may monitor or review any areas on CIRCLE SEARCH where users upload Content, transmit or post Content or communicate with each other, or the like.  However, CIRCLE SEARCH does not undertake to monitor or review every posting or communication, and CIRCLE SEARCH disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

While CIRCLE SEARCH may monitor the content of the communications from time to time, CIRCLE SEARCH does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted.  Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of CIRCLE SEARCH.  CIRCLE SEARCH, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.

CIRCLE SEARCH may disclose any records, electronic communications, information, materials or other content of any kind (i) if CIRCLE SEARCH believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate CIRCLE SEARCH; or (iii) to protect our rights or property or the rights or property of our users and business partners.   

 

COPYRIGHTS

CIRCLE SEARCH and the Content contained and referenced therein are subject to copyrights owned by CIRCLE SEARCH, and is for your informational and entertainment purposes only.  Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by CIRCLE SEARCH.  Requests for permission to reproduce any of the prohibited Content should be addressed by writing to CIRCLE SEARCH via email at www.mycirclesearch@gmail.com

 

TRADEMARKS

All trademarks, service marks, titles, domain names, logos, and company names (collectively "Trademarks") referred to on CIRCLE SEARCH are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of CIRCLE SEARCH or its affiliates or licensors.  In countries where any of the CIRCLE SEARCH trademarks, service marks, domain names, logos and company names are not registered, CIRCLE SEARCH claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names.  Other product or company names referred to on CIRCLE SEARCH may be trademarks of their respective owners.

CIRCLE SEARCH does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademark.  With respect to the Other Trademarks owned by CIRCLE SEARCH, you may contact CIRCLE SEARCH by sending a letter via email  to CIRCLE SEARCH at www.mycirclesearch@gmail.com, to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to CIRCLE SEARCH.

 

OTHER INTELLECTUAL PROPERTY RIGHTS

All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of CIRCLE SEARCH and the Content, and all intellectual property rights embodied therein, are the property of CIRCLE SEARCH or its licensors, suppliers or affiliates. 

Without limiting the foregoing, with respect to the databases ("Databases") used to store the Content, you agree and acknowledge that:

  1. the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to CIRCLE SEARCH, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
  2. You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
  3. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with CIRCLE SEARCH;
  4. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
  5. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
  6. misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to CIRCLE SEARCH and that in such event money damages may not constitute sufficient compensation to CIRCLE SEARCH; consequently; and
  7. in the event of any misappropriation or misuse, CIRCLE SEARCH shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CIRCLE SEARCH may be entitled.

In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity. 

 

NOTICE OF ENFORCEMENT

CIRCLE SEARCH vigorously enforces its intellectual property rights to the fullest extent of the law.  Accordingly, CIRCLE SEARCH may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity. 

 

DISCLAIMERS

CIRCLE SEARCH AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.  CIRCLE SEARCH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE.  CIRCLE SEARCH AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED.  CIRCLE SEARCH DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH CIRCLE SEARCH.

CIRCLE SEARCH DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT CIRCLE SEARCH AND YOUR USE OF CIRCLE SEARCH WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CIRCLE SEARCH OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CIRCLE SEARCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF CIRCLE SEARCH AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT CIRCLE SEARCH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF CIRCLE SEARCH AND THE CONTENT IS AT YOUR OWN RISK.

 

LIMITATIONS ON LIABILITY

CIRCLE SEARCH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF CIRCLE SEARCH AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.  CIRCLE SEARCH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES  (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, CIRCLE SEARCH AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH CIRCLE SEARCH, EVEN IF THERE IS NEGLIGENCE BY CIRCLE SEARCH OR BY AN AUTHORIZED CIRCLE SEARCH REPRESENTATIVE, OR AN AUTHORIZED CIRCLE SEARCH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.  CIRCLE SEARCH'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO CIRCLE SEARCH, IF ANY, TO ACCESS CIRCLE SEARCH.

 

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CIRCLE SEARCH, CIRCLE SEARCH’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

  1. YOUR USE OF CIRCLE SEARCH AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH CIRCLE SEARCH;
  2. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH CIRCLE SEARCH;
  3. ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN; AND
  4. ANY ACTIVITY RELATED TO YOUR CIRCLE SEARCH ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR CIRCLE SEARCH ACCOUNT.

 

RELEASE FOR FORCE MAJEURE

You absolve and release CIRCLE SEARCH and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

TERM AND TERMINATION

CIRCLE SEARCH reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to CIRCLE SEARCH and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through CIRCLE SEARCH.

You may terminate this agreement at any time by destroying: (a) all of the Content obtained from CIRCLE SEARCH, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any.  In addition, and upon CIRCLE SEARCH's request, you agree to certify in writing that all of the Content has been destroyed.  The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by CIRCLE SEARCH.

 

NOTICES

Any legal notice, other document or communication required or permitted hereunder to CIRCLE SEARCH will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to CIRCLE SEARCH c/o Jon Fallon, Esq., Mandelbaum Salsburg, P.C., 155 Prospect Avenue, West Orange, NJ 07052.   

Notices to CIRCLE SEARCH shall be deemed delivered when actually received by CIRCLE SEARCH or its authorized representatives.

Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to CIRCLE SEARCH when you register.  Such notice will be deemed received by you the next business day after the e-mail is sent.  

Should you elect to send or receive e-mail communications of any kind to or from CIRCLE SEARCH, you represent and warrant to CIRCLE SEARCH that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. 

 

JURISDICTION / COMPLIANCE WITH LAWS

Except as described otherwise, CIRCLE SEARCH is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations.  If you use CIRCLE SEARCH from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws.  Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders.  If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of CIRCLE SEARCH, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND CIRCLE SEARCH AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.  

 

ARBITRATION

Any controversy or dispute between you and CIRCLE SEARCH (the “parties”) concerning CIRCLE SEARCH or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute.  Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association.  The arbitration will be held in New Jersey.  Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties.  The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment.  Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.

 

WAIVER

No delay or omission by CIRCLE SEARCH to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof.  Any waiver by CIRCLE SEARCH of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

 

SEVERABILITY

If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.  

 

INDEPENDENT CONTRACTOR

CIRCLE SEARCH is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and CIRCLE SEARCH. 

 

CONTINUED USE DEEMED ACCEPTANCE

CIRCLE SEARCH reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use and Legal Notices from time to time.  After any such modification becomes effective, CIRCLE SEARCH will deem your continued use of CIRCLE SEARCH or any of the Content to constitute your acceptance of and agreement to such modification.  You agree it is your duty to read these Terms of Use and Legal Notices prior to using, accessing or browsing the CIRCLE SEARCH website.

 

ENTIRE AGREEMENT

This constitutes the entire agreement between you and CIRCLE SEARCH with respect to your use of CIRCLE SEARCH and the Content, and supersedes any and all prior understandings or agreements between you and CIRCLE SEARCH, whether written or oral.  You acknowledge that, in providing you access to and use of CIRCLE SEARCH and the Content, CIRCLE SEARCH has relied on your acceptance of this agreement. 

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