GO CIRCULAR

Terms of Service
Revised: October 20, 2020

1. ACCEPTANCE OF TERMS

Go Circular Solutions, LLC (“Go Circular”) provides a technology-enabled marketplace for the efficient purchase and sale of OEM end of life products through access to and use of its proprietary website and associated domains ofwww.gocircularsolutions.com (including any successor websites or domains), any mobile software applications (“Mobile Apps”), and other related software, content, and services, including all versions, updates and enhancements thereto (collectively, the “Services).  Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (the “Terms”). Go Circular may, at its discretion, update these Terms at any time. You can access and review the most current version of these Terms at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Go Circular.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 14 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction.

2. Additional terms; Privacy policy

In addition to these Terms, your access to and use of the Services is subject to the Go Circular Privacy Policy[1] located at https://gocircularsolutions.com/privacy (“Privacy Policy”), and any usage guidelines or other policies relating to the Services posted or otherwise made available to you by Go Circular (collectively, “Additional Terms”). The Additional Terms are part of these Terms and are hereby incorporated by reference, and you agree to be bound by the Additional Terms. The Privacy Policy applies to how Go Circular may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Go Circular may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Go Circular may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.

3. Proprietary Rights

(a)Grant. Subject to and conditioned on your compliance with these Terms, Go Circular hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely: (i) to access and view pages within the Services; (ii) to the extent that the Services provide access to any online software, applications or other similar components, to access and use such components only within the Services and only in the form found within the Services; (iii) to the extent that Go Circular makes any Mobile Apps available, to install, run and use the Mobile Apps on a mobile device that you own and control, in executable, machine-readable, object code form only. All rights granted to you under this Terms are subject to and conditioned on your compliance with this Terms and all Additional Terms in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes. Go Circular is not obligated to provide you any support for the Services, and these Terms do not entitle you to any support for the Services. Go Circular reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Go Circular shall not be liable to you or any third party for any such modification or discontinuance.

(b) Mobile Apps.

If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), your use of such iOS Mobile App is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service. These Terms are between you and Go Circular only, and not with Apple Inc. (“Apple”) or any other app store provider, and Apple is not responsible for iOS Mobile Apps and the contents thereof; however, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to iOS Mobile Apps.

(c) Reservation of Rights.

The Services provided or made available to you hereunder are licensed, not sold, and Go Circular retains and reserves all rights not expressly granted in these Terms. You acknowledge and agree that, as between you and Go Circular, Go Circular and its licensors own all right, title and interest (including all intellectual property rights) in and to the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Go Circular reserves all rights not expressly granted to you in this Terms.

(d) Trademarks.

You may not use any Go Circular names, brands, trademarks, service marks and logos that Go Circular makes available on the Services (“Marks”). You will not remove or alter the Marks or any proprietary notices on the Services. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Go Circular.  You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party.

(e)Feedback.

If you elect to provide or make available to Go Circular any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Go Circular shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

4. Registration; Account

(a) Registration.

Go Circular may enable you to access and browse the Services without registering, but some features may not be accessible unless you register. In registering for the Services, you agree to: (i) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Go Circular reasonably suspects that you have done so, Go Circular may suspend or terminate your account.

(b) Account.

You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify Go Circular immediately of any unauthorized use of your account or password or any other similar breach of security.  You acknowledge that Go Circular is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords.

5. Content

(a) Responsibility for Content.

You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Services, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Go Circular, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services (“Your Content”), and other users of the Services (including any third-party manufacturers), and not Go Circular, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Services. You acknowledge and agree that Go Circular has no obligation to pre-screen Content, although Go Circular reserves the right in its sole discretion to pre-screen, refuse or remove any Content.

(b) Content Restrictions.

You will not: upload, post, email, store, transmit, or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.

(c) License to Go Circular.

You grant Go Circular and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services as necessary to (i) provide access to the Services to you and other users (including any maintenance, calibration, diagnostic, and troubleshooting); and (ii) monitor and improve the Services.

6. Conduct Restrictions

In connection with your access to or use of the Services, you will not: (i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under these Terms; (ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; (iii) interfere with or disrupt the integrity or performance of the Services, or otherwise act in a manner that negatively affects the ability of other users to access or use the Services; (iv) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device; (v) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services; (vi) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; (vii) impersonate, misrepresent your affiliation with, any person or entity; (ix) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.

7. Sales and delivery terms

(a) Product Descriptions.

You are responsible for reading the full item listing before making a bid or otherwise making a commitment to buy. Go Circular attempts to be as accurate as possible; however; Go Circular does not warrant that product descriptions or other Content is accurate, complete, reliable, current, or error-free. If a product offered by Go Circular itself is not as described, your sole remedy is to return it in unused condition.

(b) Pricing.

Go Circular cannot confirm the price of an item until you complete your order. Despite our efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item is higher than the stated price, Go Circular will, in its sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Go Circular generally does not charge your credit card until after your order has entered the shipping process or, for digital products, until such digital product are made available to you.

(c) Taxes. 

Unless otherwise noted, items sold by Go Circular are subject to state and local sales tax in accordance with applicable laws. Go Circular may not collect sales or use taxes in all states. If provided by Go Circular, the sales tax indicated on the checkout page is an estimate, and that true amount will be calculated when your account charge is authorized.

(d) Bidding.

When bidding or otherwise indicating your interest in an item, you agree that: (i) all bids are considered irrevocable offers to purchase the indicated item until the close of the indicated sales window, and any attempted bid retracting will be considered invalid; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted); and (iii) you will not submit any shill bids (e.g., bids made for any purpose other than the intention to purchase the applicable item).

(e) Payment.

You agree to pay all fees for all products ordered through the Services as set forth in the order confirmation page (“Fees”) in accordance with terms set forth herein and any additional terms set forth on the Services. You hereby authorize Go Circular to charge your payment method on file (e.g., credit card, Go Circular account, etc.) for all Fees that have become due and payable.

(f) Returns, Refunds and Title.

Go Circular does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Go Circular does not take title to the refunded item.

8. LINKS; ADVERTISERS; DEALINGS WITH Third Parties

(a) Links.

The Services or users of the Services may provide links or other connections to other websites or resources. You acknowledge and agree that Go Circular does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that Go Circular shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

(b) Dealings with Third Parties.

Your dealings with advertisers and other third parties, including OEM device and product manufacturers, who market, sell, buy or offer to sell or buy any goods or services on or through the Services, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that Go Circular shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

9. INDEMNIFICATION

You shall indemnify and hold Go Circular and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Go Circular Parties”) harmless from and against any and all claims, demands, losses, damages, costs, liabilities and expenses, including reasonable attorneys’ fees, resulting from or arising out of (a) Your Content; (b) your violation of these Terms, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Services, except as expressly permitted in these Terms.

10. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  THE GO CIRCULAR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) THE GO CIRCULAR PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE CONTENT, INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

(c) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.  ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).

11. LIMITATION OF LIABILITY

(a) THE GO CIRCULAR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE GO CIRCULAR PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE GO CIRCULAR PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT  EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO GO CIRCULAR FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.

(b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.  THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. Suspension and TERMINATION

(a) Termination.

If you violate these Terms, Go Circular may, with or without notice to you, immediately suspend or terminate your access and use of the Services.

(b) Events Upon Termination.

Upon termination of these Terms for any reason: (i) you will immediate cease your use of the Services; (ii) Go Circular, in its sole discretion, may remove and discard Your Content and information; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this Terms shall survive such expiration or termination.  Further, you agree that that Go Circular shall not be liable to you or any third party for any termination of your account or access to the Services.

13. Governing Law

This Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Terms, regardless of the states in which the parties do business or are incorporated.

14. Binding arbitration and class action waiver

(a) Agreement to Arbitrate.

ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(b) Venue.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) Class Action Waiver.

WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(d) Injunctive Relief.

Notwithstanding anything to the contrary, you and Go Circular may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 14.

(e) Changes.

If Go Circular implements any material change to this Section 14, such change shall not apply to any Claim for which you provided written notice to Go Circular before the implementation of the change.

15. Legal Compliance

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where Services or any items obtained in connection with the Services are delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

16. U.S. Government Entities

This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in these Terms with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

17. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Go Circular’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you 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 the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Go Circular’s Agent for Notice of Copyright Claims. Go Circular’s Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims
PO Box 302258

Austin, Texas 78703

Email: copyright@gocircularsolutions.com

 

18. GENERAL PROVISIONS

These Terms constitutes the entire agreement between you and Go Circular concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Go Circular with respect to such subject matter. In the event of any conflict between or among these Terms and any end user license agreement, privacy policy or usage guidelines to which these Terms refers, these Terms shall take precedence and govern.  These Terms may not be amended by you except in a writing executed by you and an authorized representative of Go Circular. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under these Terms without the prior written consent of Go Circular. The failure of Go Circular to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any prevention of or delay in performance by Go Circular hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

[1] Hyperlink to Privacy Policy.

USA

GO CIRCULAR

PRIVACY POLICY

Revised: October 20, 2020

 

Your privacy is important to Go Circular Solutions, LLC (“Go Circular”). This Go Circular Privacy Policy (“Privacy Policy”) describes how Go Circular may collect, use, store, disclose, and process your personal information, through your access to or use of Go Circular products and services, including those at the website and associated domains of [insert website] (including any successor websites or domains), any mobile software applications, and other related software, content, and services, including all versions, updates and enhancements thereto (collectively, the “Services”). By using these Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Services. Go Circular may change this Privacy Policy from time to time by posting changes at this URL and may send notification emails. Your continued use of the Services following the posting of such changes will be deemed your acceptance of those changes.

Go Circular encourages you to read this Privacy Policy in its entirety, but here are a few key points of our privacy practices:

Contents

1. Privacy Policy Applicability

This Privacy Policy applies when you access the Services or share information with Go Circular, and it may be revised at any time.

2. Information We Collect from You

We collect all information that you provide including information you provide via the Services, your devices (e.g., computers, smartphones, and tablets), telephone and email, as well as information we receive from partners and through the use of cookies and other such technologies.

3. How We Use Your Information

We process your personal information only with your consent or as needed to provide you Services. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers, or the public, or for other legitimate interests of Go Circular as further described below.

4. How We Share Your Information

We share your information with our partners, service providers, contractors, agents and third-party vendors as they need it to fulfill Services or orders, or for other requests you make of Go Circular. We may also share your information to comply with law or for other legitimate interests.

5. How We Store and Secure Your Information

Go Circular may store your information in any country where Go Circular or its affiliates, partners, or providers operate facilities, and will retain your information as long as necessary for the purposes outlined in this Privacy Policy. Go Circular takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification.

6. Accessing and Updating Your Information

You can access, get copies of, delete, change or correct your personal information, or request changes to our use of your personal information by using the contact information below.

7. Additional Privacy Information

Go Circular’s databases are located in the United States and you consent to the transfer or your personal information from your location to the United States. The Services is not for use by children under the age of 13 years old. You may have additional rights under applicable law. If you have any questions about this privacy policy, please contact us via the information below.

1. Privacy Policy Applicability

This Privacy Policy applies when you access the Services or share information with Go Circular, as indicated below. By using the Services, you consent to this Privacy Policy, which may be updated by us at any time. If you do not consent to this Privacy Policy for any reason, please do not use the Services or share your information with us. Please note that this Privacy Policy applies only to the Services, and not to any other third-party website linked to or from it, or any third party website in which Go Circular content or functionality is embedded. We do not control the privacy policies or practices of others.

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2. Information We Collect from You

In general, we receive and collect all information you provide via the Services, including through website input fields (including advertisements), phone, email (including email campaigns), web chat, or in other such ways. This includes personal information that can identify or relates to you, including but not limited to your first and last name, telephone number, IP, postal, and email addresses. You have the choice on what information to share and the services you want to engage. You can choose not to provide information to us, but in general some information about you is required in order for you to access certain functionality of the Services, such as those mentioned above or for tracking your preferences, subscribing to a newsletter, or initiating other such actions.

We also may periodically obtain information about you from affiliated entities, partners and other independent third-party sources and will add it to our database of information. For example, we may receive information about your interaction with advertisements on third party websites, including updated postal addresses and demographic information.

We may use cookies, log files, web beacons, device identifiers, advertising identifiers and similar tracking technologies, including those from third-party service providers like Google Analytics, Google Tag Manager, HubSpot, and other cloud-based tools, to automatically collect your preferences, performance data, and information about your web usage when you visit the Services. For example, we may collect your IP address, device and Internet service provider information, Web browser details and the address of any referring website. This may include collecting geolocation signals from your IP address or device settings to determine your location so that we may operate and personalize the Services for you, including to provide more relevant ads and search results.  We may also collect information about your online activity, such as pages viewed and interactions with other users. The Services are not designed to recognize or respond to “do not track” signals received from browsers. You can control the information collected by such tracking technologies or be alerted when cookies are sent by adjusting the settings on your Internet browser or devices, but such adjustments may affect or disable certain functionality of the Services. You can learn more about Google Analytics and your options for opting out of interest-based Google ads at https://adssettings.google.com.  You can learn more about targeted ads and your ability to opt out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices.

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3. How We Use Your Information

We process your personal information with your consent or as needed to provide you Services. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers, or the public, or for other legitimate interests of Go Circular as described in this Privacy Policy.

More specifically, we may use your personal information to:

  • Optimize and improve the Services – We continually try to improve the Services based on the information and feedback we receive from you, including by optimizing the content on the Services.
  • Personalize the user experience – We may use your information to measure engagement with the Services, and to understand how you and our other users interact with and use the Services and other resources we provide.
  • Improve customer service – Your information helps us to more effectively develop the Services and respond to your support needs.
  • Process transactions – We may use the information you provide about yourself to fulfill your requests and product orders. We do not share this information with outside parties except to the extent necessary to provide the Services, fulfill orders, and related activities.
  • To send periodic emails – Any email address you provide to us may be used to send information and updates pertaining to the Services. It may also be used to respond to your inquiries or other requests. If you “opt in” to our mailing list, you may receive emails that include Go Circular news, updates, related product offerings and service information, and marketing material. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via the contact information below.

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4. How We Share Your Information

We share your information with our partners, service providers, contractors, agents and third-party vendors as needed to fulfill Services. Please note that our partners may contact you as necessary to obtain additional information about you, facilitate any use of the Services, fulfill orders, or respond to a request you submit.

Third-party vendors who provide product, services or functions on our behalf may include business analytics companies, customer service vendors, communications service vendors, marketing vendors, delivery, parcel, and transportation vendors, and security vendors. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of the Services, facilitate the delivery of orders, or provide online advertising tailored to your interests. Third-party vendors have access to and may collect personal information only as needed to perform their functions, may only use personal information consistent with this Privacy Policy and other appropriate confidentiality and security measures, and are not permitted to share or use the information for any other purpose.

We also may share your information:

  • In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
  • When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, interests, or safety of our company or the Services, our customers, or others; or in connection with our Terms of Service and other agreements.
  • In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, we will attempt to notify you when your personal information will be shared with third parties.

Personal Information You Post in Public Areas. When you post a message in a Go Circular forum, chat room, review, or customer feedback, the information you post may be accessible to other users of the Services and the public. If you post personal information anywhere on the Services that is accessible to other users or the public, you are advised that such personal information can be read, collected, used, or disseminated by others and could be used to send you unsolicited information or for other purposes. Accordingly, you assume full responsibility for posting such information and agree that Go Circular is not responsible in any way for personal information you choose to post in these public areas.

Aggregated Information.  We may publish, share, distribute, or disclose personal information that has been aggregated with information from other users or otherwise de-identified in a manner that does not allow such data about you to be separated from the aggregate data and identified as originating from you, to third parties, including Go Circular partners, sponsors, and advertisers. Such information may help Go Circular identify and analyze training, demographic, and psychographic trends and information, and report to third parties how many people saw, visited, or clicked on certain content, areas of the Services, ads, or other materials. We may also use such data for research purposes.

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5. How We Store and Secure Your Information

Personal information collected by Go Circular may be stored and processed in your region, in the United States, and in any other country where Go Circular or its affiliates, subsidiaries, or service providers operate facilities. Go Circular will retain your information as long as necessary for the purposes outlined in this Privacy Policy and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection or audit purposes, or as otherwise required by law.

Go Circular takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification; however, your personal information can never be 100% secure.

Go Circular complies with applicable data protection laws, including applicable security breach notification requirements.

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6. Accessing and Updating Your Information

To the extent provided by the law of your jurisdiction, you may (i) have the right to access certain personal information we maintain about you and request details about how we process it, (ii) request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, (iii) request that we update or correct inaccuracies in that information, (iv) object to our use of your personal information, (v) ask us to block or delete your personal information from our database, and (vi) request to download the information you have shared on the Services. You may make these requests and any other inquiries about this Privacy Policy by emailing privacy@gocircularsolutions.com or calling us at (512) 220-1517,. Any such requests are subject to the protection of other individuals’ rights and applicable law. Additionally, to help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.

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7. Additional Privacy Information

Data Transfer. Our databases are currently located in the United States. Go Circular makes no claim that its Services are appropriate or lawful for use or access outside the United States. If you access the Services from outside the United States, you are consenting to the transfer of your personal information from your location to the United States. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and access to the Services. By sending us your information, you further consent to its storage within the United States.

Collection of Data from Children. The Services are not directed to children, and you may not use the Services or provide any personal information to Go Circular if you are under the age of 13 or if you are not old enough to consent to the processing of your personal information in your country.

How to Contact Us. You can call us at +1 (512) 220-1517, e-mail us at privacy@gocircular.com or write to us at Go Circular Solutions, LLC, Attn: Privacy Dept., PO Box 302258, Austin, Texas 78703. Depending on where you are located, you may also have a right to complain to your local data protection regulator.

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