State of Florida
CIRCUIT TRANSIT INC.
Version Date: November 2, 2023
Circuit makes no representation that the Website is appropriate or available in other locations other than where it is operated by Circuit. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Circuit to any registration requirement within such jurisdiction or country.
All users who are under the age of 16 are not permitted to register to use the Services. If you are under 16 years of age, please do not download, use or access the Website at any time or in any manner.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE OR ACCESS THE SERVICES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT CIRCUIT MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE WEBSITE.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CIRCUIT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL
OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By accepting this Agreement, you agree that you are required to resolve any claim that you may have against Circuit on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Circuit, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Circuit by someone else.
You and Circuit agree that any dispute, claim or controversy arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to the terms, will be settled by binding arbitration between you and Circuit, and not in a court of law.
You acknowledge and agree that you and Circuit are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Circuit otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Circuit each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
You and Circuit agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
ACCESS AND USE OF SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 16 years of age to obtain an Account. Account registration requires you to submit to Circuit certain personal information, such as your name, email
address, zip code, gender and phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You may only possess one Account and Circuit reserves the right to deactivate any additional or duplicate accounts.
Restricted Access by Minors
No part of the Services is directed to children, and we do not knowingly collect or solicit personal information from persons under the age of 16. IF YOU ARE UNDER SIXTEEN YEARS OF AGE, YOU MAY NOT USE CIRCUIT SERVICES. Children under the age of 16 may only receive Services if the request is made by a parent, guardian, or other authorized adult.
No person under the age of 16 may create an Account or use the Services without the consent of a parent or guardian. If you are a parent or guardian who has created an account for a minor under the age of 16, you hereby give permission and consent to the Terms on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the Services as provided by these Terms. Furthermore, you hereby represent that you are fully authorized to execute these Terms on behalf of yourself and any and all other parents or legal guardians of the minor rider.
If you are a parent or guardian and believe that a child under the age of 16 has registered for or used the Services without your consent, please contact us at www.ridecircuit.com. Similarly, if you believe that a person under the age of 13 has provided any personal information to us, please contact us at www.ridecircuit.com so that we can take steps to delete that information.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 16 unless accompanied by you, their parent or guardian. You may not authorize third parties to use your Account and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You agree to comply with the Circuit Rider Code of Conduct. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You may be asked to provide proof of identity or other methods of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other methods of identity verification.
Circuit may communicate with you by email, text message or posting notice on the Services. You agree to receive email from us at the email address you provided to us for customer service-related purposes.
The Services comprise of mobile applications and related services, which enable users to arrange and schedule transportation and/or logistics to certain destinations. Unless otherwise agreed by Circuit in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. The Services is not available to users who have had their account temporarily or permanently deactivated. No part of the Services is directed to persons under the age of 16. Children under 16 of age are welcome to use the Services when accompanied by you, their parent or guardian.
As a user of the Services, Circuit may charge for such usage. The charge may include fares, fees, and taxes plus any tips to the driver that you elect to give. Circuit reserves the right to determine and modify pricing terms and fees for the Services.
All charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Circuit may replace its third-party payment processor without notice to you.
When you make a trip request or upon the addition of a new payment method, Circuit may need to verify your payment method to ensure the ride cost will be covered and to protect against unauthorized behavior by issuing a temporary authorization hold. The authorization is not a charge, however, it may reduce your available credit by the authorization amount.
At the request of the trip, Circuit may place a temporary authorization hold for the upfront price of the trip on the payment method. The authorization amount and charge depends on the ride cost, number of riders and location. It appears as a "pending" charge on your account's payment method, but they are not charges. This is a standard industry practice.
Circuit voids the authorization after your driver picks you up at the designated pickup location and the authorization becomes a final charge. Sometimes, a voided authorization is not processed by your bank at the same speed as the actual charge - leading your account balance to appear as if you were charged twice. When you check the charge, you will see the authorization stays in pending status, until it disappears from your account and there will be only one charge of the amount. If the authorization causes your account to overdraft, you will need to contact your bank or financial institution for next steps.
After requesting a ride, you or your driver may cancel the ride at any time prior to pickup at the designated location. After cancellation of the ride, the authorization will disappear from your statement in 3-6 business days. There will be no charge and no refund. It will appear as if the transaction did not take place. The time it takes for the authorization to disappear will depend on your card issuer and/or bank. Circuit has no control of when the authorization will disappear.
Upon pickup at the designated location, the charge will be final and not refundable. You may also be charged if you fail to show up after requesting a ride and do not cancel the ride.
You may also be assessed and charged a cleaning or damage fee if the vehicle’s interior or exterior is damaged or dirtied due to your or your guest(s) intentional, reckless or negligent acts including slamming of doors, damage to windows, vomiting and excessive pet hair.
Circuit reserves the right to establish, remove and revise any prices, fees, and taxes for any of the Services.
There is a 3-minute time penalty when a trip request has been made, assigned to a driver, and canceled thereafter. Circuit may charge fees for cancellations. Repeated cancellations may result in the temporary or permanent deactivation of your account in Circuit’s sole discretion.
Circuit may charge fees when the rider is not present at the time and place of the requested ride. Repeated “no-show” instances may result in the temporary or permanent deactivation of your account in Circuit’s sole discretion
Circuit, at its sole discretion, may offer discount codes, contests, referral programs and other promotions from time to time. Circuit reserves the right to terminate, discontinue or cancel any promotion at any time without notice.
MOBILE APPLICATION LICENSE
If you are accessing the Services via a mobile application, then Circuit grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Circuit or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Circuit or other intellectual property of Circuit in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Services. You acknowledge that this Agreement is between you and Circuit only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Circuit, not an App Distributor, is solely responsible for the Circuit application and the content thereof.
SCOPE OF LICENSE: The license granted to you for the Circuit application is limited to a non-transferable license to use the Circuit application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
MAINTENANCE AND SUPPORT: Circuit is solely responsible for providing any maintenance and support services with respect to the Circuit application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Circuit application.
WARRANTY: Circuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
PRODUCT CLAIMS: You acknowledge that Circuit, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Circuit application or your possession and/or use of the Circuit application, including, but not limited to: (i) product liability claims; (ii) any claim that the Circuit application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Circuit application or your possession and use of the Circuit application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third-party terms of agreement when using the Circuit application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Circuit application.
THIRD PARTY BENEFICIARY: Circuit and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Services ("Submissions") provided by you to Circuit are non-confidential and Circuit (as well as any designee of Circuit) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Circuit makes it available. You are responsible for your actions when using and relying on the Services. You must use the Services in compliance with all privacy, data protection, intellectual property and other applicable laws. You may not use the Services in an illegal way or commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Circuit or others.
The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Circuit. Prohibited activity includes, but is not limited to:
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
deleting the copyright or other proprietary rights notice from any Website content
engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Circuit
using the Services as part of any effort to compete with Circuit or to provide services as a service bureau
using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Circuit Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Circuit and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Circuit Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Circuit graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Circuit in the United States and/or other countries. Circuit's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Circuit.
Circuit Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Circuit Content and to download or print a copy of any portion of the Circuit
Content to which you have properly gained access solely for your personal, non-commercial use. Circuit reserves all rights not expressly granted to you in and to the Website and Circuit Content and Marks.
THIRD-PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Circuit takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
The Services and all rights therein are and shall remain Circuit's property or the property. Neither these terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Circuit's company names, logos, product and service names, trademarks or services marks.
Circuit reserves the right but does not have the obligation to:
monitor the Website for violations of this Agreement;
take appropriate legal action against anyone who, in Circuit’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
in Circuit’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Circuit policy;
in Circuit’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Circuit’s systems;
otherwise manage the Website in a manner designed to protect the rights and property of Circuit and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CIRCUIT RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, AND CIRCUIT MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN CIRCUIT’S SOLE DISCRETION.
In order to protect the integrity of the Website and the Services, Circuit reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and the Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME. TO CANCEL, CONTACT US DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Circuit terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Circuit reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Circuit may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Services after any such modification becomes effective. Circuit may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Circuit reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) including the hours of operation or availability, with or without notice. You agree that Circuit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Circuit is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Circuit, 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 the Services.
Governing Law; Jurisdiction. This Agreement and all aspects of the Website and the Services shall be governed by and construed in accordance with the internal laws of the State of Florida, USA without regard to conflict of law provisions except as may be otherwise provided in the Arbitration Agreement above. However, the choice of law provision regarding the interpretation of these terms is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Florida law to interpret these terms and the forum for disputes asserting a breach of these terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement above or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Circuit reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Circuit cannot control the nature of all of the content available on the Website. By operating the Website, Circuit does not represent or imply that Circuit endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Circuit believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Circuit is not responsible for the conduct, whether online or offline, of any user of the Website or the Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CIRCUIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. CIRCUIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CIRCUIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CIRCUIT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, EVEN IF CIRCUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CIRCUIT’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 CIRCUIT FOR THE SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."
You agree to defend, indemnify and hold Circuit, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Circuit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Circuit, and you agree to cooperate, at your expense, with Circuit’s defense of such claims. Circuit will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Circuit shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that Circuit shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Circuit arising from any such loss or corruption of such data.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS,
AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Services. We reserved the right to suspend or terminate your Account and prevent access to the Services for any reason, at our discretion. We reserve the right to involve and cooperate with Federal, State and local law enforcement authorities in prosecuting users that violate these terms. We reserve the right to refuse to provide the Services to you in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these terms and your use of the Services.
This Agreement constitutes the entire agreement between you and Circuit regarding the use of the Services. The failure of Circuit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Circuit may assign any or all of its rights and obligations to others at any time. Circuit shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Circuit's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Circuit as a result of this Agreement or use of the Website and Circuit Services. Upon Circuit’s request, you will furnish Circuit any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Circuit by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact Circuit as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Circuit Transit Inc. 501 East Las Olas Suite 300
Fort Lauderdale, FL 33301
Phone: (646) 504-3733