Terms and Conditions for CircuitAdvisor.com
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEB SITE AND ANY MATERIALS CONTAINED HEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH CircuitAdvisor.com AND RELATED WEBSITES ("SITE"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE CircuitAdvisor.com.
It is recommended that you keep a copy of these Terms and Conditions and any licenses posted within or through this web site for your records, as they may change from time to time as added functions and services are incorporated into the site. Your rights to use of this Site and any Software, Data and/or Documentation are restricted rights that are governed by the End User License Agreement contained herein, and include restrictions on use and/or transfer.
This site is owned and operated by or on behalf of CircuitAdvisor.com. and/or its affiliates or subsidiaries. By accessing, using, or possessing OR continuing to do so, submitting a registration form, or clicking the "I Agree" or "Continue" buttons when prompted and completing the registration form, Subscriber is entering into this Agreement with CircuitAdvisor.com, and Subscriber hereby acknowledges and agrees to the validity and applicability of the Terms and Conditions governing this website, the Privacy Statement, any applicable Subscription Terms Provider Terms, and agrees to be bound hereto.
Please be advised that some, but not all, areas of the Site contain fee-based services, and are subject to additional Subscription Terms.
USE OF SERVICE
Subscriber agrees that the Site and its services is furnished and shall be used solely for Subscriber's personal use, and is subject to CircuitAdvisor.com's acceptable use terms herein described. Such permitted uses do not include the right to directly or indirectly download, transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep liking or embedding), or by any means ("Commercial Use"), absent a supplemental agreement in writing with CircuitAdvisor.com. The Site and its services may be used for lawful purposes only, and may not be used in a manner which violates or infringes CircuitAdvisor.com's expressly reserved rights, the rights of CircuitAdvisor.com's Providers, and the rights of third parties. Subscriber agrees to use the Site consistent with these Terms and Conditions and shall not disclose his or her password to any unauthorized person. Subscriber shall be fully responsible for maintaining confidentiality of account access information and for all charges made to Subscriber's account.
Access to the Site is contingent upon Subscriber providing all equipment necessary to access the internet, Products and/or services offered by CircuitAdvisor.com. Access to CircuitAdvisor.com requires use of a recent version of a modern web browser such as FireFox, Safari, Opera, or Internet Explorer. CircuitAdvisor.com, and use of the CircuitAdvisor.com Products and services through the Site is usually available 24 hours a day, 7 days a week, however, CircuitAdvisor.com reserves the right to make the Site unavailable from time to time for any reason and at any time without prior notice. Subscriber agrees that CircuitAdvisor.com shall not be liable for any damages arising from any interruption, suspension or termination of the Site. Subscriber shall be responsible to insure his/her hardware is suitable for use with CircuitAdvisor.com. CircuitAdvisor.com makes no guarantees that the Products and/or services selected by Subscriber will be operational with Subscriber's Hardware.
Subscriber may access, view, print, and listen to Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal purposes and may not be re-distributed without the express written permission of CircuitAdvisor.com; (2) the Products may not be modified or altered in any way; 3) any copyright or other proprietary notices may not be removed from any Products; and 4) certain Products on this Site may be subject to further use restrictions which shall override this general grant to use the Products. CircuitAdvisor.com expressly reserves the right to refuse any materials for submission or upload by Subscriber or other users of this Site. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from this Web site in whole or in part without the prior written permission of CircuitAdvisor.com or its Providers. Requests to reprint or re-distribute Products and other materials accessed from this Website should be directed to the originator of the Products or materials. For CircuitAdvisor.com Products, reprint and/or re-distribution requests should be sent to CircuitAdvisor.com, P. O. Box 1457, Los Gatos, CA 95031, attn.: Contracts Administrator.
Information furnished by CircuitAdvisor.com to Subscriber is intended for Subscriber's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with CircuitAdvisor.com or its Providers. All Products, information, data, images, and other things comprising the Service are to be considered copyrighted by CircuitAdvisor.com, its Providers or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. Subscriber is authorized to use such for the purposes stated herein. Subscriber agrees not to copy materials on the Site, not to reverse engineer or break into the website and not to use the website materials, Products or services to violate law, or the Acceptable Use Policy above. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF CircuitAdvisor.com NAME SHALL NOT BE USED BY SUBSCRIBER IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM CircuitAdvisor.com.
CircuitAdvisor.com and other CircuitAdvisor.com product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of CircuitAdvisor.com. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.
© 2009 CircuitAdvisor.com, Inc., P. O. Box 1457, Los Gatos, CA 95031 except where otherwise indicated. All rights reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by CircuitAdvisor.com, is proprietary to the submitting users and/or Providers, is protected by copyright law, and is subject to the usage restrictions. Notification of Copyright Infringement. CircuitAdvisor.com will, in appropriate circumstances, terminate the accounts of Subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this Site contains infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web site or on sites linked to from this Site, please provide CircuitAdvisor.com a Notice of Infringing Material(s) ("Notice") containing the following elements:
- A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
- A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
- A description of where the material the alleged infringing material(s) is located on the CircuitAdvisor.com Site (include a URL if possible).
- Sufficient contact information regarding the copyright owner or agent, such as your physical address, e-mail address, website, telephone number, and fax number.
- A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.
- A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.
ACCEPTABLE USE POLICY
You agree not to use the CircuitAdvisor.com Site, Products or services to:
- upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
- harm minors in any way; impersonate any person or entity, including, but not limited to, an CircuitAdvisor.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities or persons (spoofs);
- upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with CircuitAdvisor.com;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt CircuitAdvisor.com or servers or networks connected to CircuitAdvisor.com, or disobey any requirements, procedures, policies or regulations of networks connected to CircuitAdvisor.com;
- "stalk" or otherwise harass another; collect or store Personally Identifiable Information about other users;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
- use your access or CircuitAdvisor.com-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the CircuitAdvisor.com Site, without express written permission from CircuitAdvisor.com;
- use the Site to engage in commercial activities without enrolling in CircuitAdvisor.com -approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites, use the Site to provide access to the Site for other persons through use of Subscriber's User Name and Password;
- tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.
NOTICE SPECIFIC TO PRODUCTS AVAILABLE ON THIS WEBSITE
Permission to use Products from this Site is granted, provided that (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products from this Site is for Subscriber use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with CircuitAdvisor.com, (3) the Products shall not be used on data outside of this Site absent an express written agreement with CircuitAdvisor.com and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to CircuitAdvisor.com's Privacy Statement, or where expressly provided otherwise by CircuitAdvisor.com, all comments, feedback, information or materials submitted to CircuitAdvisor.com through or in association with this Site shall be considered non-confidential and Property of CircuitAdvisor.com. By submitting such comments, feedback, information or materials to CircuitAdvisor.com, you agree to a fee-free assignment to CircuitAdvisor.com of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. CircuitAdvisor.com shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, CircuitAdvisor.com MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CircuitAdvisor.com DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN CircuitAdvisor.com PRODUCTS.
Products, as specified above, do not include original user content hosted on this Site, the design or layout of the Site or any other CircuitAdvisor.com owned, operated, licensed or controlled site. Elements of the Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by CircuitAdvisor.com, its Providers, or the originating user associated with original user content displayed on this Web site.
ADDITIONAL PRODUCTS AND SERVICES
Certain services, in addition to those described in this Agreement, or as offered by CircuitAdvisor.com through other product licenses and/or service agreements, including, but not limited to, CircuitAdvisor.com Desktop, RadarPlus, CircuitAdvisor.com Messenger, CircuitAdvisor.com Wireless, and others may be made available as part of, or through this Site, by Providers, or by CircuitAdvisor.com, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) ("Provider Terms"). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from CircuitAdvisor.com without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT CircuitAdvisor.com SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER CircuitAdvisor.com AGREEMENTS. Additional Provider Terms for any products or services provided with CircuitAdvisor.com registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.
There may be times when data or services from third parties that CircuitAdvisor.com normally uses as all or a part of the basis of its content, graphic, or other products, information, and services is unavailable or disregarded and CircuitAdvisor.com shall have the right to continue to issue such products, information and services without informing the end user of the changed basis or source of such products, information, or services and to change sources from time to time. Web-based and Mobile/wireless services are dependent upon open communications networks provided by third parties, and CircuitAdvisor.com is not responsible for lack of services due to communications network outages. CircuitAdvisor.com makes no warranty or representation with respect to any Provider products or materials. Subscriber is advised and informed that content provided or accessed through the Site in association with wireless weather information services is not provided by, the responsibility of, nor within the control of, any mobile/wireless communications carriers, internet service providers, or internet storefronts.
NO WARRANTIES/LIMIT OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY CIRUITADVISOR.COM ON AN "AS IS" BASIS. CIRUITADVISOR.COM AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CIRUITADVISOR.COM AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. CIRCUITADVISOR.COM AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CIRCUITADVISOR.COM OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CIRCUITADVISOR.COM AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO CIRCUITADVISOR.COM UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
Subscriber hereby agrees that it will well and truly indemnify and save harmless CircuitAdvisor.com and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which CircuitAdvisor.com or its Providers may sustain by reason of Subscriber's use of this Site, Subscriber's breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against CircuitAdvisor.com arising from these Terms and Conditions.
This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. Subscriber acknowledges that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If Subscriber has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.
THRID PARTY SITES AND PROVIDERS
This site may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the CircuitAdvisor.com Products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of CircuitAdvisor.com. This may occur with or without your knowledge and although the visual representation on your screen may appear to be an CircuitAdvisor.com website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of CircuitAdvisor.com. You acknowledge that CircuitAdvisor.com is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. CircuitAdvisor.com is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. CircuitAdvisor.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CircuitAdvisor.com, nor has CircuitAdvisor.com independently authenticated products or materials provided by Providers.
TERMS OF SERVICE
These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber without the express written permission of CircuitAdvisor.com, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and Subscriber's rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to CircuitAdvisor.com. CircuitAdvisor.com may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products. Upon such termination by CircuitAdvisor.com, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to CircuitAdvisor.com.
Posting of notice(s) on the Site by CircuitAdvisor.com shall constitute notice to Subscriber. Written notice of termination and requests for credit (as applicable - see Subscription Terms) shall be provided in the following manner: email notification to email@example.com or facsimile notification at 408-358-3799, attn: Webmaster. No credits or refunds are available for cancellation of monthly wireless services.
CHOICE OF LAWS / JURISDICTION
This Agreement is governed by the laws of the State of California, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within California, and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by California law.
Subscriber agrees to pay to CircuitAdvisor.com the fees stated or as specified from time to time for various fee-based Products and services available by or through CircuitAdvisor.com, and Subscribers are responsible for promptly paying for CircuitAdvisor.com Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site. Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Haardware changes or new releases may be subject to additional charges. Fees and payment terms therefore are subject to change upon Notice by CircuitAdvisor.com to Subscriber. Packages, once purchased, are nonrefundable, regardless of use or lack of use by Subscriber. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services. Once a charge has been processed to a Subscriber's credit card, the Subscriber shall not request his or her credit card or mobile carrier company to reverse the charge or charge it back to CircuitAdvisor.com. If Subscriber has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from CircuitAdvisor.com by written notice and resolve the issue directly with CircuitAdvisor.com. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against CircuitAdvisor.com shall be reimposed by CircuitAdvisor.com upon Subscriber. Such costs may exceed the cost of the reversed item or charge back by many times.
Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber. Upon expiration of subscription period for any One Year subscriptions, Subscribers will be renewed on monthly subscription terms unless proper termination notification is received from Subscriber.
TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN. Prior versions of this document can be found here.