This is an Agreement between you and Circular Board, LLC (hereinafter, “Circular Board”, “us”, “we”, or “our”), and it outlines important terms that you will agree to as a result of: (i) using the Web site located at www.thecircularboard.com (hereinafter, “the Site”); (ii) utilizing or accessing accelerator workshops and modules, videos, graphics, educational documents, exercises, including various reference and communications tools, forums, products, and personalized content (hereinafter, collectively, “the Services”) whether accessed through the Site or via a mobile application or otherwise; or (iii) using any of our other products.
Please read the rules contained in this Agreement carefully. By visiting Site, and/or downloading, using or registering to use our Services, you agree to comply with these rules.
II. Changes to the Agreement
We will make changes to this Agreement from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty days after notification for current users. Any use of the Site or Services after the 30-day notice period constitutes your acceptance of any change. Unless explicitly stated otherwise, any new features that augment the current Services, including the release of new Services, shall be subject to this Agreement.
If you cannot agree with these rules, please do not visit the Site or utilize the Services or products, create a User Account (as defined below) or register for a Circular Board Enrollment (as defined below). Your failure to follow these rules, whether listed below or communicated on or by or through other features of the Site may result in suspension or termination of your access to the Site or deletion of your User Account and termination of your Circular Board Enrollment.
III. Grant of Limited License and Use Rights
Subject to your agreement and continuing compliance with this Agreement, Circular Board grants you a non-exclusive, non-transferrable, revocable limited license subject to certain limitations outlined herein to access and use the Site and Services using a Web browser or mobile device. Circular Board grants you the limited right to use the Site and Services only for your use on a device that you own or control and as permitted by the relevant platform providers.
IV. Intellectual Property Ownership
Circular Board owns, or is the licensee to, all right, title and interest in and to the Site and all materials associated with the Services or its products, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. By utilizing the Services or visiting the Site you agree that you will not violate any of Circular Board’s intellectual property rights. You will not copy, modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter Circular Board’s copyright notice, trademarks or other proprietary rights notices that may be affixed to or contained within the Site.
The Site and its content are protected by state, national and international copyright, trademark and other intellectual property laws, and are the property of Circular Board or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of the Site or its content including but not limited to the removal or alteration of advertising, is strictly prohibited. Platform providers are not responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
The trademarks CIRCULAR BOARD and CIRCULAR SUMMIT are owned by Circular Board. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.
V. Account Registration and Fees
A. Registration Information
You agree and represent that all Registration Information provided by you at the time of registration is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account. If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if Circular Board suspects that your Registration Information is untrue, inaccurate, or incomplete, then Circular Board may, in its sole discretion, suspend, terminate, or refuse future access to the Services, Subscription or User Account.
B. Account Responsibility
If any of your User Account information changes or if you have reason to believe that your User Account is no longer secure, you must update your account by using the appropriate update mechanism on the Site, if available. Circular Board is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify Circular Board immediately. You are responsible and liable for any conduct on the Site under your User Account.
Only the authorized licensed user is permitted to use the password protected Services within Circular Board. If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to the Services you will be billed a full month’s fee for each month an unauthorized user logs into Circular Board.
C. Types of Fees
Circular Board charges a number of different types of fees that will be automatically charged to the credit card information entered and held on file by Circular Board.
a. Circular Board charges a one-time Enrollment Fee for startup accelerator mentorship and guidance.
b. An Annual Fee, which is assessed annually on the anniversary date of the subscription.
c. Other authorized charges during the course of any month will be charged to the credit card information on file.
These fees and any additional fees are non-refundable.
D. Termination of Annual Fee
You must cancel your enrollment before it renews in order to avoid billing of Annual Fees for the renewal term to your credit card on file with Circular Board. You will continue to be billed the aforementioned annual fees until you contact us IN WRITING (receipt of which must be confirmed by email reply from us) to cancel your Enrollment.
Upon non-payment of fees or other charges when due, your User Account will be deactivated immediately until valid payment is received for all outstanding balances.
F. Change In Payment Information
It is your responsibility to notify Circular Board of any changes to your credit card information provided. In the event that your credit card information is deemed invalid and another automatic payment option for all recurring charges is not set up prior to the recurring charge date, all user access will be deactivated immediately until valid payment is received for all outstanding balances.
VI. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS”, AND CIRCULAR BOARD, ITS AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. CIRCULAR BOARD AND ITS AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE. CIRCULAR BOARD ITS AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE CIRCULAR BOARD ITS AFFILIATES AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.
VIII. User Generated Content and Information
Circular Board may provide its members with access to a forum which allows for you and other users to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to Circular Board, other users and the public via chat rooms, message boards or other means (“User Generated Content”). Circular Board will not claim ownership to such User Generated Content, but you, the user, hereby grant to Circular Board, a non-exclusive, royalty-free, irrevocable, world-wide license in and to your User Generated Content.
You represent and warrant that you own or have a license, right or other type of permission to use and exploit such User Generated Content in all manner contemplated herein. You agree to indemnify and hold Circular Board, and its affiliates and assigns harmless from any demands, loss, liability, claims or expenses, and attorney’s fees made against us by any third party arising out of or in connection with your User Generated Content.
IX. Rules of Usage
You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Site or the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent.
You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, solicitation of sex).
User Generated Content does not reflect the views of Circular Board. Circular Board does not have any obligation whatsoever to monitor, edit, or review any User Generated Content on the Site. Circular Board will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
X. Responsibility for Minors
In cases where you have authorized a minor to use Circular Board, you recognize that you are fully responsible for the online conduct of such minor, controlling the minor’s access to and use of Circular Board, and the consequences of any misuse by the minor. You acknowledge that some of the areas of Circular Board may contain material that is inappropriate for minors.
XI. Third Party Web sites
As part of the offered Services, you will be able to access third party Sites, which provide their own services and content. We do not control those third-party services and content.
You may also elect to purchase items from third party Web sites accessed through the Site. At no time does Circular Board act as an agent for such a sale. Circular Board does not and will not process or retain any of your credit card information associated with any purchase from a third party Site. Transactions for the sales of any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Circular Board or its third party service providers. You agree that Circular Board is not responsible, and shall have no liability to you, with respect to merchandise or products, featured or mentioned on the Site. Circular Board does not warrant any of the merchandise or products featured or mentioned on the Site.
XIII. Notice of Infringement Claims
Circular Board respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact Circular Board as outlined below with the following information in a written notice in writing or electronically:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
3. Your address, telephone number and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
XIII. Suspension of Access to the Web site or the App
Circular Board has the right to terminate and/or suspend your ability to access the Site the Services for any or no reason, without notice.
You agree to arbitrate all Disputes between you and Circular Board, its affiliates and assigns, except disputes relating to Circular Board’s intellectual property rights. The term, Disputes, means any action or other controversy between you and Circular Board concerning the Services or this Agreement, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a Dispute, you much send written notice detailing the Dispute to Circular Board at the below address to determine whether the Dispute can be resolved immediately. If the Dispute cannot be resolved, you and Circular Board shall settle the Dispute by binding arbitration before a neutral arbitrator in Houston, Texas whose decision will be binding except for a limited right of appeal under the U.S. Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Each party shall bear its own costs.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.
XVII. Contact Circular Board
Please direct any inquiries or complaints as outlined in this Agreement to the below address:
Circular Board, Inc.
2433 Inwood Drive
Houston, Texas 77019
If you do not agree to the above terms and conditions, you are forbidden from utilizing the Site or registering for the Services.