1. ACCEPTANCE OF TERMS
Circa Circle provides an online meeting place for the university and college communities to sell used text books, list housing/apartments for rent, and offer other university/college related services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Circa Circle services, you agree to abide by any applicable posted guidelines for all Circa Circle services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Circa Circle in any way, your only recourse is to immediately discontinue the use of Circa Circle.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
3. REGISTRATION; ACCOUNT SECURITY
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Circa Circle, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. LISTING DESCRIPTION
You must be legally able to sell or rent the item(s) you list for sale or rent on the Site. You must describe your item and all terms of the sale on the listing page of the Site. Your listings may only include text descriptions, pictures and other content relevant to the sale or rent of the item. All listed items must be listed in an appropriate category. All properties in multiple item listings must be identical. You understand that Circa Circle does not control, and is not responsible for item(s) made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Circa Circle does not pre-screen or approve item(s), but that Circa Circle shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any item(s) that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
5. RESTRICTED ACTIVITIES
Your Information [(or item(s)] and your activities on the Site shall not:
be false, inaccurate or misleading; be fraudulent or involve the sale of stolen properties; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, consumer protection, unfair competition, antidiscrimination or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography that may be harmful to minors; contain any computer viruses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
6. PROPRIETORY RIGHTS
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are the proprietary property of the Circa Circle, its users or its licensors with all rights reserved. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Circa Circle’s prior written permission, except that the foregoing does not apply to your own item(s) that you legally post on the Site.
You agree to receive notifications from Circa Circle unless you otherwise indicated to not receive such notifications. An option will be provided for users that do not want to receive notifications. However, all users agree to receive important notifications from Circa Circle that are pertinent to the use of Circa Circle services.
7. DISCLAIMERS
YOU AGREE THAT USE OF THE CIRCA CIRCLE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CIRCA CIRCLE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CIRCA CIRCLE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CIRCA CIRCLE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CIRCA CIRCLE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CIRCA CIRCLE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CIRCA CIRCLE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CIRCA CIRCLE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CIRCA CIRCLE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
8. LIMITATION ON LIABILITY
IN NO EVENT WILL CIRCA CIRCLE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE CIRCA CIRCLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CIRCA CIRCLE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CIRCA CIRCLE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE CIRCA CIRCLE'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CIRCA CIRCLE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CIRCA CIRCLE, REGARDLESS OF THE CAUSE OF ACTION. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CIRCA CIRCLE SITE OR THE SERVICE OR ANY LINKS ON THE CIRCA CIRCLE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CIRCA CIRCLE SITE OR THE SERVICE OR ANY LINKS ON THE CIRCA CIRCLE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
9. INDEMNITY
You agree to indemnify and hold Circa Circle, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10. TERMINATION
Circa Circle may terminate your membership, delete your profile and any content or item(s) that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it suspects that you have engaged in any of the activities listed above in item (5) RESTRICTED ACTIVITIES.
11. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
12. GOVERNING LAW; VENUE AND JURISDICTION
The TOU constitute the entire agreement between you and Circa Circle and govern your use of the Service, superseding any prior agreements between you and Circa Circle. The TOU and the relationship between you and Circa Circle shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. You and Circa Circle agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Circa Circle to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 8 (Limitation on Liability), 9 (Indemnity), and 11 (Paid Postings) with respect to fees owed for our services shall survive any termination or expiration of this Agreement.
13. FEEDBACK
We welcome your questions and comments on this document by sending us your concerns via the Contact Us link at the bottom of this page.
Last revised: 2008-02-10