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Terms & Conditions

Circle Locker is a service, website and mobile app owned and operated by Circle Locker, LLC. This Agreement and all policies on the Circle Locker platforms sets out the terms upon which Circle Locker offers you access to and use of our sites, services, applications and tools (collectively, "Services"). All policies and related agreements between you and Circle Locker are incorporated into this Agreement.

Acceptance of the use of Circle Locker terms and conditions

When you ( "you", "your" "consumer" or "visitor") access the Website, application or our other services, whether physical or online (collectively, "the Circle Locker Platforms") you are agreeing to be bound by the following Terms and Conditions, as well as the Circle Locker Privacy Policy linked here, all of which may be updated by use from time to time. Your continued use of Circle Locker after changes are made to the Terms and Conditions are deemed to be acceptance of those changes. We will notify you, as the consumer, anytime changes or updates are made to the Privacy Policy.

About Circle Locker and use of Circle Locker

Circle Locker is an electronic platform and physical courier for Circle Locker members in order to provide Circle Locker Services. Upon signing up for Circle Locker and using the Circle Locker Platforms, you contract directly with Circle Locker. Your interaction with Circle Locker is at your own risk.

Circle Locker operates when you download any of the Circle Locker Platforms online, the Platforms access your online purchase history through your email (see Circle Locker Privacy Policy for more information on how Circle Locker uses personal information). Once purchase history is uploaded to the Circle Locker Platforms, either through email or through a manual upload, Circle Locker begins the process of returning your items for you.

By using the Circle Locker Services and Circle Locker Platforms you agree to give Circle Locker access to your purchase history and to begin the return process for you.

USE

If you register with Circle Locker and utilize the Circle Locker platforms as outlined in this agreement, you are responsible for maintaining the confidentiality of your passwords, login and account information ( "Your Confidential Information"). You will be responsible for all use of the Circle Locker platforms by you or anyone using your confidential information (with or without your permission). Your confidential information must be accurate and up-to-date at all times. If any of Your Confidential Information changes, you must update it immediately. If you have any reason to suspect that your account is no longer secure (if, for example, you suspect there has been loss, theft or unauthorized disclosure of Your Confidential Information or your computer or mobile device used to access the Circle Locker platforms), you must promptly change Your Confidential Information that is affected and notify us through the "contact us" section of our platforms.

If we believe you are abusing Circle Locker and the Circle Locker platforms in any way, we may, at any time and without advance notice or liability, at our sole discretion, and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Circle Locker platforms and services, delay or remove hosted content, remove any special status associated with your account(s), reduce or eliminate any discounts and take technical and/or legal actions to prevent you from using the Circle Locker platforms and services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services. Additionally, we reserve the right to refuse or terminate our services to anyone for any reason at our discretion.

POLICY ENFORCEMENT

When an issue arises, we may consider your performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both you and Circle Locker.

PURCHASES

When you use the Circle Locker platforms for Circle Locker services, your use constitutes your offer to Circle Locker to use Circle Locker services for personal use. Circle Locker reserves the right to limit, cancel or prohibit any requests or orders for services that appear to be placed in violation of this policy.

REFUSAL OF ORDERS

Circle Locker reserves the right to withdraw any membership from time to time. Circle Locker makes reasonable efforts to process orders and requests in connection with services. However, there may be circumstances which require Circle Locker to refuse to process services. Circle Locker reserves the right to refuse to process an order at any time, at its sole discretion, for any reason, including unreturnable items not in an original, unworn or unused state, and will not be liable for refusing to process an order at any time.

RETURNS AND REFUNDS

Any and all refunds to you from Circle Locker are estimates and may change based upon state laws or any other fees that must be paid, including, but not limited to shipping.

Circle Locker reserves the right to withdraw any membership from time to time. Circle Locker makes reasonable efforts to process orders and requests in connection with Services. However, there may be circumstances that may require Circle Locker to refuse to process Services. Circle Locker reserves the right to refuse to process an order at any time, at its sole discretion, for any reason, including unreturnable items not in an original, unworn or unused state, and will not be liable for refusing to process an order at any time.

Credit card details

Credit Cards on the Circle Locker Platforms are securely processed by Circle Locker's credit card processor. Circle Locker reserves the right to use a Third Party to store and process credit card information.

CHANGE OF USE

Circle Locker reserves the right to change or remove (temporarily or permanently) the website, application or other online services without notice and you confirm that Circle Locker shall not be liable to you for any such change or removal and change Terms and Conditions at any time. Your continued use of the Circle Locker platforms following any changes shall be deemed to be your acceptance of such change.

AUTHORIZATION TO CONTACT YOU; RECORDING CALLS

You consent to receive autodialed or prerecorded calls and text messages from Circle Locker at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (1) notify you regarding your account; (2) troubleshoot problems with your account; (3) resolve a dispute; (4) collect a debt; (5) poll your opinions through surveys or questionnaires; (6) contact you with offers and promotions; or (7) as otherwise necessary to service your account or enforce this agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.

LINKS TO THIRD PARTIES

The Circle Locker platforms may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

THIRD PARTY ADVERTISING

We may use third party advertising companies to collect data and/or service when you visit the Circle Locker platforms. These companies may use information about your visits to the Circle Locker platforms and other websites and applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/ or contact Circle Locker.

INTELLECTUAL PROPERTY

The Circle Locker platforms, including all of its information and content, such as text, design, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, source codes and the HTML used to generate the pages (collectively, the "Intellectual Property"), is owned or licensed by Circle Locker or otherwise used by Circle Locker as permitted by law and protected by patent, trademark and/or copyright under United States and/or foreign laws.

In accessing the Circle Locker platforms, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Circle Locker platforms for personal, non-commercial home use only.

INTELLECTUAL PROPERTY INFRINGEMENT

If you believe certain content on the Circle Locker platforms constitutes infringement of your copyright, please contact Circle Locker at Circle Locker LLC, 13952 Sky Cove Drive, Broomfield, CO 80023 or at support@CircleLocker.com, with the following information:

  • Evidence of your authorization to act on behalf of the owner, who owns the copyrighted work;

  • ​A description of the copyrighted work that you believe has been infringed;

  • A description of where the alleged infringing material is located on Circle Locker, including a link to where the alleged infringing material is located;

  • Your address, telephone number and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and

  • Your physical or electronic signature.

If you believe content on the Circle Locker platforms constitutes infringement of your trademark or other intellectual property rights, please provide a notice of your claim to the address above.

ACCESS AND INTERFERENCE

You agree that:

  • You will not use any robot, spider, scraper, deep link or similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Circle Locker platforms, other than via software that sends queries to the Circle Locker platforms to index or rank a website for search and location purposes, without Circle Locker's express written consent, which may be withheld in their sole discretion.

  • You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Circle Locker platforms, other than the search engines and search agents available through the Circle Locker platforms and other than generally available third-party web browsers (such as Microsoft Explorer).

  • You will not post or transmit any file which contains viruses, worms, Trojan Horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Circle Locker platforms.

  • You will not attempt to decipher, decompile or reverse-engineer any of the software comprising or in any way making up a part of the Circle Locker platforms.

  • You may only use the Circle Locker platforms to make legitimate inquiries or requests.

  • You will not make any false or fraudulent requests. If Circle Locker is of the reasonable opinion that you have made a false or fraudulent request or order, Circle Locker shall be entitled to cancel the order or request and inform the relevant authorities.

  • You agree to provide correct and accurate email, postal and/or contact details to Circle Locker and acknowledge that Circle Locker may use these details to contact you if necessary and provide to third parties (see Circle Locker Privacy Policy for more information on how Circle Locker uses personal information).

  • If you do not provide Circle Locker with all of the information needed, Circle Locker may not be able to complete your request or order.

  • You will not attempt to interfere or interfere in any way with Circle Locker network or related network security or attempt to use Circle Locker to gain unauthorized access to any other computer system.

  • You will not use Circle Locker to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.

  • You will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that violates any applicable laws or regulations.

  • You are 18 years old and are legally capable of entering into binding contracts.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

All products, services, and content on the Circle Locker platforms are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Circle Locker will not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or damage whatever (including without limitation loss of business, opportunity, data profits) arising from or in any way related to the use of, or the inability to use or the performance of the Circle Locker platforms, or the content and materials or functionality on or accessed through Circle Locker. Circle Locker makes no warranty that the functionality of Circle Locker will be uninterrupted or error free, that defects will be corrected or that Circle Locker or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to limit the liability of Circle Locker for death or personal injury as a result of the negligence of Circle Locker or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold Circle Locker and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Circle Locker arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of Circle Locker.

SEVERANCE

In any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

CHOICE OF LAW

All Circle Locker activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of Colorado, without regard to conflict of law principles.

Dispute Resolution

In the event of any claim, controversy, or alleged dispute between you and Circle Locker, its members or affiliates ( "dispute"), you hereby agree to attempt in good faith to amicably resolve any dispute at least thirty (30) days before instituting any legal proceeding.

Each party agrees to submit any dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with you attempt to resolve such dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association ("AAA") to be held in Bergen County, Colorado, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.

In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burden (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all disputes will be limited between you, individually, and Circle Locker. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.

Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Circle Locker, be subject to binding arbitration: (1) any disputes related to, or arising from allegations of criminal activity; (2) any disputes concerning Circle Locker's intellectual property rights; and (3) any claim for injunctive relief. Any dispute not subject to arbitration shall be decided by the state or federal court located within Bergen County, Colorado, United States of America. Each party hereby waives any claim that such a venue is improper or inconvenient.YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM, ACTION, OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

WAIVER AND SEVERABILITY

Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

MISCELLANEOUS

Notice to California Residents. Under California Civil Code Section 1798.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services provided on the Circle Locker platforms, please contact us at: support@CircleLocker.com.

You may also contact us by writing to:

Circle Locker LLC
13952 Sky Cove Drive
Broomfield, CO 80023

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