Terms of Service and Privacy Policy

Terms of Service and Privacy Policy

Welcome to CGCircuit, a video marketplace provided by CGCircuit , LLC. ("CGCircuit " "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in CGCircuit services. CGCircuit services include our web site, web widgets, feeds, mobile device software applications (the "CGCircuit Software"), applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by CGCircuit (collectively the "Service").

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement.We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement with regard to fees and/or billing practices, we will give you at least thirty (30) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

Your continued use of the Service after any such change constitutes your acceptance of the revised Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

Use of Our Service

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) sharing your account login to third parties;(iii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the CGCircuit servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that CGCircuit grants the operators of public search engines revocable permission to use spiders to copy materials from CGCircuit.com 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; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Service; (viii) collecting or harvesting any personally identifiable information, including account names, from the Service; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.CGCircuit may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in CGCircuit's sole determination you violate any provision of this Agreement, or for no reason. All aspects of the Service are subject to change or elimination at CGCircuit's sole discretion. CGCircuit reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that CGCircuit will not be liable to you for any interruption of the Service, delay or failure to perform.

User Content

Some areas of the Service may allow Members to post videos, files, feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that CGCircuit does not guarantee any confidentiality with respect to any User Content.You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content you post does not and will not violate third-party rights of any kind, including without limitation, any Intellectual Property Rights (as defined below), rights of publicity and/or privacy. CGCircuit reserves the right, but is not obligated, to reject and/or remove any User Content that CGCircuit believes, in its sole discretion, violates these provisions or for no reason.For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.CGCircuit takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. CGCircuit is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that CGCircuit shall not be liable for any damages you allege to incur as a result of such User Content.

Other Users

You are solely responsible for your interactions with other CGCircuit Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CGCircuit shall have no liability for your interactions with other Users, or for any Users action or inaction. You acknowledge that the Service allows Users to transact directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of User Content, or other services or transactions available via the Service.If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

License Grant

You are solely responsible for your interactions with other CGCircuit Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CGCircuit shall have no liability for your interactions with other Users, or for any Users action or inaction. You acknowledge that the Service allows Users to transact directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of User Content, or other services or transactions available via the Service.If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

End User Licenses

CGCircuit Service.Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal use only. CGCircuit reserves all rights not expressly granted herein in the Service and the CGCircuit Content (as defined below). CGCircuit may terminate this license at any time for any reason or no reason.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "CGCircuit Content"), and all Intellectual Property Rights related thereto, are the exclusive property of CGCircuit and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the CGCircuit Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CGCircuit under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, CGCircuit does not waive any rights to use similar or related ideas previously known to CGCircuit , or developed by its employees, or obtained from sources other than you.

Fees, Billing, Payments

Fee Schedule and Billing Policies

CGCircuit may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable. You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service.

Payments

If you are an Instructor, you may set the fee for your Lessons as permitted by the Service. Unless specified in written form by the CGCircuit and the instructor the instructor will receive 70% of his/her course sales. When it comes to Workshops and Mentorships, the instructor will receive 60% of the sales as payment. Such payment will be made to the instructor only at the end of the Workshop or Mentorship. After CGCircuit has established that the instructor has taught the course as expected.CGCircuit will adjudicate the fee on your behalf, which means processing the Students credit card or PayPal account, retaining a commission that varies depending on the sales volume of the class, and remitting such funds to you as provided in this section. CGCircuit will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service, or subsequently updated as permitted by the Service. CGCircuit reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending CGCircuit 's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify CGCircuit in writing within thirty (30) days of any such payment; failure to so notify CGCircuit shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by CGCircuit . No other measurements or statistics of any kind shall be accepted by CGCircuit or have any effect under this Agreement.

Acceptable Use Policy

You may not use the CGCircuit service for activities that:

  1. violate any law, statute, ordinance or regulation.
  2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
  3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
  4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

Privacy

We care about the privacy of our Users. CGCircuit will not rent or sell your personally identifiable information to others. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed by CGCircuit.CGCircuit collects your personal payment information, including information stored on outside services that you may use with CGCircuit, such as PayPal. By submitting your payment information and/or linking your CGCircuit account with an outside payment service such as PayPal, you authorize CGCircuit to access and use this information in order to provide you with and accept payment for the Service. This allows us to both confirm your identity and provide you with seamless, hassle-free transactions. We also may automatically collect certain information when you use our Services, such as a device identifier (but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, computer type, software, Internet IP address, the browser type, the address of a referring site and your activity on CGCircuit. You can enable or disable location services when you use CGCircuit at any time, through your browser settings. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. At any time, but only once per calendar year, or as otherwise required under applicable law, you may contact CGCircuit to review the personally identifiable information that CGCircuit has collected about you. If you discover any errors, please notify CGCircuit and the information will be corrected. To review the personally identifiable information that CGCircuit has collected about you, send an email to support@CGCircuit.zendesk.com with the subject line: "Personal Information Review Request."

Cookies and Other Tracking Technologies

CGCircuit uses "cookies" on this website. A cookie is a piece of data stored on a website visitor's hard drive to help us improve your access to our website and identify repeat visitors to our website. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our website and provide support for the internal operations of the website or some of our online services including apps. Usage of a cookie is not linked to any personally identifiable information on our website. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Service may not function properly or may be considerably slower. CGCircuit uses the following cookies on the Site:

Cookie Name Purpose
__cgc_session Cookie generated by applications based on the PHP language. This is a general purpose identifier used to maintain user session variables.
___cgc_session_cart Cookie generated by applications to track virtual cart when user is not logged and choose instant cart.
__cgc_session_affcode Cookie generated by applications to track users who use affiliation code.
__cgc_session_modal_window_main_info Cookie generated by application to detect if user wants top keep the area above the header closed
__cgc_cookieconsent_status When a user accepts the notice of the use of cookies on CGCircuit, this cookie is created to keep the notice to appear again.
__cgc_session_logged This cookie keeps track of whether the user is logged in or not.
CGCircuit may also use other tracking technologies such as pixel tags, web beacons, or other web programming code from time to time. Such technologies may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Such technologies may be used for a number of purposes, including, without limitation, to count visitors to the service, to monitor how users navigate the service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. Such technologies may also enable us to send email messages in a format users can read, tell us whether mail has been opened, and ultimately allow us to reduce or eliminate messages sent to users. We treat information collected by or from such technologies as non-personal information. To the extent that Internet Protocol (IP) addresses or similar identifiers may be considered personal information by local law, however, we treat such information as personal information. To the extent that non-personal information may also be combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

How Personally Identifiable Information is Used

CGCircuit will only collect information to the extent necessary for us to provide our Services. We will also use personally identifiable information to: provide you with any information or material you may request from us and to process or complete any transactions; respond to your e-mails, questions or comments; analyze usage and trends and personalize and improve CGCircuit and your experience when you use our Services such as suggesting content or features that may match your interests; send you confirmations, updates, security alerts and support messages; find and connect with your contacts (with your permission); alert you of new products, promotions, special events and offers; and, for any other purpose for which the personally identifiable information was collected. CGCircuit may also use personally identifiable information to allow us to deliver messages to your personal accounts on certain third-party sites or networks, such as Facebook and Twitter. CGCircuit may also need to use your personally identifiable information to (1) respond to subpoenas or court orders, (2) to establish or exercise our legal rights or defend against legal claims, (3) protect the safety or property of our employees, contractors, customers, users or others or (4) to the extent otherwise required by applicable law. If at any time you wish to opt-out from having your personally identifiable information used in order to deliver information from CGCircuit about new products, services, or promotions, you may contact us at privacy@cgcircuit.com with the words "Opt Out" in the subject line of your email.

Sharing, Selling or Renting of Information

Except as described in this Privacy Policy, CGCircuit does not sell, rent, or give any retained customer information to third parties outside of what is necessary to provide the Services. Such third parties have access to personally identifiable information needed to perform their functions but may not use it for other purposes. Included among the personally identifiable information that we may share with third parties in connection with providing the Services are email addresses and/or certain other personally identifiable information that we may share with our Third-Party Providers (as defined in the Terms of Use). CGCircuit may disclose personally identifiable information to third parties in order to comply with the law or requests by law enforcement agencies, to enforce our Terms of Use, or to protect the rights, property or safety of our website, users of our website and others. We may also share with third parties general information that does not include personally identifiable information, such as demographic, analytical or aggregated non-personally identifiable information. In the event we are acquired by or merged with another company we may transfer your personally identifiable information to the new company. The information you provide may also be collected, shared, and/or retained by one or more of our service providers, which can including individuals or entities that we retain to perform some or all of our business operations or who provide support to our business operations (and which include Third Party Providers), all acting on our behalf or for our benefit and in a manner consistent with this Privacy Policy, may collect, share, sell, rent and/or retain the information that you provide. Accordingly, references in this Privacy Policy to "CGCircuit", "us" or "we" includes such individuals or entities.

Your Access to and Control Over Your Personally Identifiable Information

Users may request that we delete your user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at privacy@cgcircuit.com with the words "Delete Account" in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Services, please email us at privacy@cgcircuit.com with the words "Delete My Information" in the subject line.

Bulletin Boards and Chat Areas

Users of the Services are solely responsible for the content of messages they post on public forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number), as well as other personal ideas, photographs, writings, music, comments, suggestions and other materials (collectively "User Content"); on the bulletin boards, blogs, or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features. Please note that CGCircuit does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. CGCircuit is not responsible for the privacy or security of any information that you make publicly available on through the Services or what others do with information you share with them on the Site. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Services.

Links to External Sites and Social Media

CGCircuit' s websites may contain links to other websites, including without limitation social media sites such as Facebook and Twitter. To the extent allowed by law, we are not responsible for the content or privacy practices of such other websites. This Privacy Policy does not apply to third party websites and we encourage our users to be aware when they leave our websites and to read the privacy statements of any other website that collects personally identifiable information since your rights will be governed by those third-party policies.

Your California Privacy Rights

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. CGCircuit has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how CGCircuit does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at privacy@cgcircuit.com with the words "California Privacy" in the subject line of your email.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Notice

CGCircuit respects the intellectual property rights of others and request that users of CGCircuit's website and services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party's copyright and reserve the right to suspend, terminate, or cancel a User Account or a user's access to and use of the Services if a user is found to be a repeat infringer. It is, furthermore, CGCircuit 's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify CGCircuit as required by the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit CGCircuit to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following email address:

Email: dmca@cgcircuit.com
subject: COPYRIGHT

Alternatively, if you prefer to contact us via postal mail, or fax, here is information about where to do so:

Tel: +1 562 473 0007
Address:
DMCA Complaints
CGCircuit
30767 Gateway Place #590
Rancho Mission Viejo, CA 92694
USA
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. Please note that this procedure is exclusively for notifying CGCircuit and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with CGCircuit 's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, CGCircuit has adopted a policy of terminating, in appropriate circumstances and at CGCircuit 's sole discretion, members who are deemed to be repeat infringers. CGCircuit may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Additional Representations and Warranties

In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:
You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; and you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from CGCircuit.
Your User Content and CGCircuit 's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CGCircuit. CGCircuit does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. CGCircuit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and CGCircuit 's Privacy Policy do not apply to your use of such sites. You expressly relieve CGCircuit from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CGCircuit shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnity

You agree to defend, indemnify and hold harmless CGCircuit and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other parties access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CGCIRCUIT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CGCIRCUIT , ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE. CGCIRCUIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CGCIRCUIT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CGCIRCUIT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL CGCIRCUIT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CGCIRCUIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CGCIRCUIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees AND/OR COMMISSIONS you paid to us in the 12 months prior to the FIRST EVENT giving rise to the liability, and (b) $100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CGCIRCUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Service is controlled and operated from its facilities in the United States. CGCircuit makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CGCircuit without restriction.

General

Termination. You may terminate your participation in the Service at any time, for any reason upon receipt by us of your email notice of termination. We may terminate your participation in the Service at any time, for any reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine. This Agreement will remain in effect after your participation in the Service terminates. Notification Procedures. CGCircuit may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by CGCircuit in our sole discretion. CGCircuit reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. CGCircuit is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@cgcircuit.com to your email address book to help ensure you receive email notifications from us. Changes to this Agreement. Except as otherwise expressly provided herein, CGCircuit reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. CGCircuit will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Entire Agreement/Severability. This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by CGCircuit via the Service, shall constitute the entire agreement between you and CGCircuit concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CGCircuit 's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Please contact us at privacy@cgcircuit.com with any questions regarding this Agreement. Last Updated: April 16, 2018