Effective Date: June 25, 2013
Circle X Brands, LLC maintains the web site located at www.goworx.com (the “Site”). Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and agree to be bound by all of these Terms and Conditions.
You must be 18 years of age or older to use or to place an order on this Site. By submitting information through the Site, you represent that you meet these age restrictions.
Changes to these terms
Circle X Brands, LLC, may at any time revise these Terms and Conditions by updating this posting and changing the effective date indicated above. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
You may download material displayed on the Site for non-commercial, personal use only, provided you also keep all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Circle X Brands, LLC prior written permission. You should assume that everything you see or read on the Site is copyrighted by Circle X Brands, LLC or its licensors unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Circle X Brands, LLC While Circle X Brands, LLC, uses reasonable efforts to include accurate and up to date information in the Site, Circle X Brands, LLC, makes no warranties or representations as to its accuracy. Circle X Brands, LLC, assumes no liability or responsibility for any errors or omissions in the content of the Site.
Images of people or places displayed on the Site are either the property of, or used with permission by, Circle X Brands, LLC, The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Circle X Brands, LLC, and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Circle X Brands, LLC, or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Circle X Brands, LLC, will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Although Circle X Brands, LLC, may from time to time monitor or review discussions, blogs, chats, postings, transmissions, bulletin boards, and the like on the Site, Circle X Brands, LLC, is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Circle X Brands, LLC, will fully cooperate with any law enforcement authorities or court order requesting or directing Circle X Brands, LLC, to disclose the identity of anyone posting any such information or materials.
Circle X Brands, LLC, respects the intellectual property of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at here.
Circle X Brands, LLC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
User Conduct and Security
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its content. Circle X Brands, LLC, specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Impersonating another person;
b. Engaging in or encouraging 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 which fails to comply with accepted Internet protocol;
c. Attempting to interfere in any way with the Site’s or Circle X Brands, LLC's networks or network security, or attempting to use the Site to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. Circle X Brands, LLC, will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the 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:
a. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
b. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms and Conditions, Circle X Brands, LLC, reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Disclaimer of Warranties, Limitation of Liability and Indemnification
Circle X Brands, LLC IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Circle X Brands, LLC, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Circle X Brands, LLC, also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
You agree to defend, indemnify, and hold Circle X Brands, LLC, and its affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or your violation of these Terms and Conditions.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. While Circle X Brands, LLC, will use commercially reasonable efforts to process orders placed on the Site within the time frames specified at the time the order is placed, Circle X Brands, LLC, cannot guarantee that orders will be processed, or received, by a particular date. The Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Site.
Circle X Brands, LLC, does not endorse the content on any third-party websites. Circle X Brands, LLC, is not responsible for the content of linked third-party sites, sites framed within a third-party website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Location of Use
Circle X Brands, LLC, controls and operates the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site or purchase products from the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you access the Site from locations outside the United States you agree that any information you provide to or though the Site may be processed in the United States.
Termination of Access
Circle X Brands, LLC, may terminate your access, or suspend your access to all or part of the Site, without notice, in Circle X Brands, LLC’s sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Circle X Brands, LLC, in its sole discretion, believes is a violation of these Terms and Conditions, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Circle X Brands, LLC, or its affiliates.
These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law principles. You agree that any claim or dispute you may have against Circle X Brands, LLC, must be resolved by a court located in Texas. You agree to submit to the personal jurisdiction of the courts located within Texas for the purpose of litigating all claims or disputes.
Waiver and Severability
The failure of Circle X Brands, LLC, 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 unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
To contact Circle X Brands, LLC, with any questions or concerns in connection with these Terms or the Site, or to provide notice to Circle X Brands, LLC, you can contact us by emailing firstname.lastname@example.org.