New Customer Registration

ACCEPTANCE OF TERMS

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. CIRCLE CLOTHING LLC reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. CIRCLE CLOTHING LLC provides you with access to and use of the Site subject to your compliance with the Terms.

SITE CONTENTS

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without CIRCLE CLOTHING LLC’s written permission, “mirror” any material contained on this Site or any other server. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is CIRCLE CLOTHING LLC property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of CIRCLE CLOTHING LLC.

We grant you a personal, limited, nonexclusive, non-transferable license to access the Site and to use the information and services contained here solely for your personal, non-commercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

MINDFUL OF THE HIGH COST OF LEGAL DISPUTES, NOT ONLY IN DOLLARS BUT ALSO IN TIME AND ENERGY, BOTH YOU AND CIRCLE CLOTHING LLC, LLC AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH CIRCLE CLOTHING LLC (INCLUDING CLAIMS RELATING TO CIRCLE CLOTHING LLC’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY CIRCLE CLOTHING LLC, OR CIRCLE CLOTHING LLC’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE EMAILED VIA CERTIFIED OR REGISTERED EMAIL TO: CIRCLE CLOTHING LLC,. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS SENT, EITHER PARTY MAY COMMENCE ARBITRATION.

BY AGREEING TO ARBITRATION, YOU AND CIRCLE CLOTHING LLC ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR DISPUTE WERE INSTEAD BEING HEARD IN A COURT. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (’AAA’), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S APPLICABLE RULES. IN LIEU OF ARBITRATION, EITHER YOU OR CIRCLE CLOTHING LLC MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS.

IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY CIRCLE CLOTHING LLC INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF TEXAS. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

CLASS ACTION WAIVER

You and CIRCLE CLOTHING LLC agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against CIRCLE CLOTHING LLC, nor will you seek to become a class representative. You further agree that in any action you initiate against CIRCLE CLOTHING LLC, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.

PROHIBITED USES

The Site may be used only for lawful purposes and is available only for your personal, non-commercial use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. CIRCLE CLOTHING LLC specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

Posting any information which is incomplete, false, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
Attempting to interfere in any way with the Site’s or CIRCLE CLOTHING LLC’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
Communicating, transmitting or posting material that is in violation of applicable laws or regulations
Using the Site to harass, disrupt, or unlawfully interfere with CIRCLE CLOTHING LLC business interests

LIMITS ON PURCHASES

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase CIRCLE CLOTHING LLC merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of CIRCLE CLOTHING LLC merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our websites.

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. CIRCLE CLOTHING LLC investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging on to an CIRCLE CLOTHING LLC server or account that you are not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms of Use, CIRCLE CLOTHING LLC’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy. For further information regarding CIRCLE CLOTHING LLC’s protection of your personal information, please refer to our Privacy Policy.

PRODUCT AND PRICING INFORMATION

Although CIRCLE CLOTHING LLC has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and CIRCLE CLOTHING LLC cannot guarantee that the user’s device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. CIRCLE CLOTHING LLC is not responsible for typographical errors regarding price or any other matter. Likewise, CIRCLE CLOTHING LLC does not warrant the accuracy of customer product ratings, comments or feedback.

PROPRIETARY RIGHTS

As between you and CIRCLE CLOTHING LLC (or any other company whose marks appear on the Site), CIRCLE CLOTHING LLC (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The CIRCLE CLOTHING LLC logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “CIRCLE CLOTHING LLC Intellectual Property”) are owned by CIRCLE CLOTHING LLC and may be registered in the United States and internationally. You agree not to display or use CIRCLE CLOTHING LLC Intellectual Property in any manner without CIRCLE CLOTHING LLC’s prior permission. Nothing on the Site should be construed to grant any license or right to use any CIRCLE CLOTHING LLC Intellectual Property without the prior written consent of CIRCLE CLOTHING LLC. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by CIRCLE CLOTHING LLC. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

USER CONTENT AND MATERIAL

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, and Pinterest, which are tagged with #CIRCLECLOTHING or any other CIRCLE CLOTHING LLC promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to CIRCLE CLOTHING LLC and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. CIRCLE CLOTHING LLC will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. CIRCLE CLOTHING LLC shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. CIRCLE CLOTHING LLC retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libellous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by CIRCLE CLOTHING LLC, you will furnish CIRCLE CLOTHING LLC any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold CIRCLE CLOTHING LLC and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

CIRCLE CLOTHING LLC does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge CIRCLE CLOTHING LLC and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by CIRCLE CLOTHING LLC or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that CIRCLE CLOTHING LLC has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. CIRCLE CLOTHING LLC acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If CIRCLE CLOTHING LLC becomes aware of any User Content that allegedly may not conform to these Terms, CIRCLE CLOTHING LLC may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. CIRCLE CLOTHING LLC has no liability or responsibility to Users for performance or non-performance of such activities.

CIRCLE CLOTHING LLC HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST CIRCLE CLOTHING LLC FOR SUCH REMOVAL AND/OR DELETION. CIRCLE CLOTHING LLC IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

COPYRIGHT COMPLAINTS

CIRCLE CLOTHING LLC respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CIRCLE CLOTHING LLC with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has 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 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notices complying with the DMCA, CIRCLE CLOTHING LLC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CIRCLE CLOTHING LLC may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CIRCLE CLOTHING LLC ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR “CONTACT US” PAGE OF THIS WEBSITE.

DISCLAIMERS AND LIMITATION OF LIABILITY

CIRCLE CLOTHING LLC publishes information on its Site as a convenience to its visitors. While CIRCLE CLOTHING LLC attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The CIRCLE CLOTHING LLC products described on the Site may not be available in your region. CIRCLE CLOTHING LLC does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. CIRCLE CLOTHING LLC is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content. If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this Website.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” CIRCLE CLOTHING LLC DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CIRCLE CLOTHING LLC DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. CIRCLE CLOTHING LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

CIRCLE CLOTHING LLC makes no warranties of any kind regarding any non- CIRCLE CLOTHING LLC sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and CIRCLE CLOTHING LLC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- CIRCLE CLOTHING LLC sites. CIRCLE CLOTHING LLC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL CIRCLE CLOTHING LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CIRCLE CLOTHING LLC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold CIRCLE CLOTHING LLC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

GENERAL INFORMATION

These Terms constitute the entire agreement between you and CIRCLE CLOTHING LLC and govern your use of the Site, and they supersede any prior agreements between you and CIRCLE CLOTHING LLC. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. CIRCLE CLOTHING LLC may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in CIRCLE CLOTHING LLC’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between CIRCLE CLOTHING LLC and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to CIRCLE CLOTHING LLC or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of CIRCLE CLOTHING LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without CIRCLE CLOTHING LLC’s express written consent. The Terms inure to the benefit of CIRCLE CLOTHING LLC’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our “Contact Us” page of this website.

SPECIFIC DISCLAIMER FOR FACE MASK PRODUCTS:

In addition to the other Terms set forth herein, the following specific terms shall apply to the purchase of any face mask, face cover, or similar product (the “Face Masks”):

You understand and agree that the Face Masks should not be used (i) in any surgical setting or to provide liquid barrier protection; (ii) in a clinical setting where the infection risk level through inhalation exposure is high; (iii) for particulate filtration; or (iv) in high risk aerosol generating procedures. You further understand and agree that no warranties of any kind, either express or implied, are made that the Face Masks prevent infection or the transmission of viruses or diseases. The Face Masks are not surgical masks or filtering facepiece respirators and you understand that CIRCLE CLOTHING LLC makes no claims or representations are made as to the Face Masks’ (w) fluid resistance, (x) particulate or bacteria filtration efficiency, (y) differential pressure or (z) flammability.
The Face Masks are sold “as-is” and are not returnable.
The Face Masks are provided “as-is” without warranties of any kind and without limiting the foregoing, CIRCLE CLOTHING LLC hereby disclaims any and all warranties, express or implied, relating to the Face Masks, including without limitation any warranties of merchantability or fitness for a particular purpose. You acknowledge that you have not relied on any warranty or representation in placing the order for the purchase of Face Masks.
The Face Masks have been authorized by FDA under an EUA for use as source control by the general public as well as by HCP in healthcare settings as to help prevent the spread of infection or illness during the COVID-19 pandemic. The Face Masks have not been FDA cleared or approved. The Face Masks are authorized only for the duration of the declaration that circumstances exist justifying the authorization of the emergency use of medical devices, including alternative products used as medical devices, during the COVID-19 outbreak, under section 564(b)(1) of the Act, 21 U.S.C. § 360bbb-3(b)(1) unless the authorization is terminated or revoked sooner.

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