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CIRCULAR3D.COM TERMS OF USE

Welcome to the Circular3D website. The following Terms and Conditions of Use ("Terms of Use") apply to the Circular3D website, www.circular3d.com, and all associated web pages and content on www.circular3d.com and its affiliates (collectively known as the "Site"). This Site is the exclusive property of Circular3D Inc. (hereby known as "Circular3D").

By accessing and using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not use or access this Site. 

Circular3D reserves the right to revise the Terms of Use at any time and without notice. It is your responsibility to check these Terms of Use regularly for any changes, revisions, or modifications. Continued use of the Site means that you accept and agree to abide by any revisions to these Terms. 

CONTENT

Except where otherwise noted, the material ("Content") on this Site is owned by or licensed to Circular3D. This Content includes, but is not limited to, all text, graphics, logos, sounds, music, artwork, computer code, design, layout, and appearance.  All Content is protected by applicable copyright, patent and trademark laws, and any other intellectual property rights laws. 

Unless expressly provided in these Terms of Use, no part of this Site and no Content may be copied, reproduced, or distributed in any way without Circular3D's express prior written consent. 

USE OF THE SITE

Circular3D grants you a limited privilege to access this Site. This privilege is non-exclusive, non-transferable, and non-sublicensable. Circular3D reserves the right to terminate at any time and under any circumstances your use of the Site, its Content and information as described in these Terms. 

You may not use this Site or any of its Content for any unlawful purpose or for any purpose prohibited by these Terms of Use. You may not use this Site or any of its Content to solicit the performance of any unlawful activity or any other activity which infringes upon the rights of Circular3D or others.

By using this Site, you agree that you will not hack or deface the Site, or attempt to sabotage the Site or the servers running the Site. You agree that you will not steal, copy, or illegally use any of the Content on the Site.

VIOLATION OF TERMS OF USE

You hereby acknowledge and agree that Circular3D may, in its sole discretion and without notice, terminate your access to the Site and/or block your future access to the Site if it is determined that you have in any way violated these Terms.

PRIVACY POLICY

Circular3D's Privacy Policy applies to the use of this Site. By this reference, the terms of the Privacy Policy are hereby made a part of these Terms of Use. By agreeing to these Terms of Use, you are agreeing to the terms of the Privacy Policy. It is your responsibility to read Circular3D's Privacy Policy, which can be found at www.circular3d.com/privacy.

LINKED SITES

This Site may provide access to third-party websites via links ("Linked Sites") which allow you to leave the Site. Circular3D does not control or monitor these Linked Sites and the content contained therein and as such, you agree that Circular3D is neither responsible nor liable for any objectional or offensive content you may find in these Linked Sites, nor does Circular3D endorse the content of any of these Linked Sites. Use these Linked Sites at your own personal discretion and risk.

DISCLAIMERS

THIS SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION AND CONTENT PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CIRCULAR3D DOES NOT PROMISE THAT THE SITE OR ANY OF ITS CONTENT, SERVICES OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  CIRCULAR3D CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE FEATURES. CIRCULAR3D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CIRCULAR3D DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES RELATED TO YOUR USE OF THE SITE AND/OR ANY CIRCULAR3D SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR ONLY REMEDY AGAINST CIRCULAR3D FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Circular3D reserves the right: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes at any time, without notice.

LIMITATION OF LIABILITY

Under no circumstances, except where prohibited by law, will Circular3D be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Circular3D has been made aware of the possibility of such damages. 

If, notwithstanding the other provision of these Terms, Circular3D is found to be liable to you for damage or loss which is in any way connected with your use of this Site or any of its Content, Circular3D's liability shall in no event exceed $100.00 USD. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Circular3D from and against any and all claims, losses, liabilities, damages, costs and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Site.

APPLICABLE LAW

Circular3D operates the Site from offices within the State of Virginia in the United States. You agree that all matters relating to your access or use of the Site, including all disputes, will be governed by the laws of the State of Virginia without regard to its conflicts of laws provisions. Exclusive jurisdiction and venue for any disputes shall be the state courts or federal courts of Virginia.  You hereby waive any objection to such jurisdiction or venue.

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