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Terms and Conditions

TheCircle.org is an interactive website that helps people achieve their goals and improve their lives in a community context, with blogs, forums, mentoring and other resources.  TheCircle.org provides services under the trademark “the Circle” (herein referred to as “the Circle services”).

Acceptance of Terms of Use

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for use of TheCircle.org website. By using TheCircle.org and the Circle services, you agree to be bound by this Agreement, whether you simply browse the website or become a registered member. You are only authorized to use the Circle services if you agree to abide by all applicable laws and to this Agreement. If you do not agree to these terms, you should not use this website.

Changes to Terms of Service

TheCircle.org may modify this Agreement from time to time and such modification shall be effective upon posting on the website. You agree to be bound to any changes to this Agreement when you use the Circle services after any such modification is posted.

Privacy

Any information submitted on TheCircle.org website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy for complete details.

Membership Eligibility

A basic Membership on TheCircle.org website is free.  You must be 16 years of age or older to use TheCircle.org and the Circle services.  You can find the specific details regarding your account with TheCircle.org at anytime by clicking on the "My Account" tab, located in most pages of the website. We reserve the right to terminate any account at any time for any reason.

Accounts, Passwords and Security

If the TheCircle.org website requires you to open an account, you must complete the registration process by providing TheCircle.org with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to TheCircle.org which is untrue, inaccurate, not current or incomplete, TheCircle.org reserves the right to terminate this Agreement and your continued access and use of the website.

As part of the registration process, you will be asked to select a password. You are entirely responsible for maintaining the security and confidentiality of your password. Further, you are responsible for any and all conduct in your account whether by you or someone else. You agree to notify TheCircle.org immediately of any unauthorized use of your account or any other breach of security. TheCircle.org will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by TheCircle.org or another party due to someone else using your account or password.

Limitations on Use

Unless otherwise specified in these Terms, the content on TheCircle.org website is for your personal and non-commercial use and we grant you a limited license to access TheCircle.org website for that purpose. Without our express written consent, you may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from TheCircle.org website. Any unauthorized use of TheCircle.org website or its contents will terminate the limited license granted by us.

Cancellation

You may cancel your membership to TheCircle.org website at any time. To cancel, go to the Member Support page under the Help link in the navigation bar. Complete the required fields and select the “Delete My Account” option. Click “Submit” at the bottom of the page.

Account Access

TheCircle.org works to make your online experience as customized and personalized as practical. In order to provide you with ease of access to your account, TheCircle.org will place a cookie (a small text file) on any computer from which you access TheCircle.org website. When you revisit TheCircle.org website, this cookie will enable us to recognize you. This allows TheCircle.org to automatically determine your access privileges while allowing you to navigate the websites without having to repeatedly log in. It also helps us understand and meet your interests and needs; allow tracking and authentication of your use of the message boards; and more accurately collect other information, such as survey data. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

Mentors

Our mentors have varying levels of knowledge about the subject matter of their circles and have not been certified as “experts” (or anything else) by us in any professional way. Many of them are professionals in their own right, but TheCircle.org has not undertaken to verify their credentials or abilities. You acknowledge by using this service that you understand that our mentors have not been certified or verified by TheCircle.org as “experts”. Mentors are independent contractors of TheCircle.org (hereinafter included within the term “contractors”).

Forums

TheCircle.org website includes message boards and other community features. TheCircle.org reserves the right to monitor any content or postings in the forums, but has no obligation whatsoever to do so. You acknowledge that TheCircle.org and its affiliates do not control the information available on the message boards and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any message board or on any other user or member generated pages are those of their respective authors who are solely liable for their content.

TheCircle.org reserves the right to alter, edit or refuse to post or remove any postings or content, in whole or in part, for any reason at any time, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our members, sponsors, users and visitors.

TheCircle.org LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will TheCircle.org LLC or our contractors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of TheCicle.org LLC or any of its members, managers, employees, representatives or affiliates.

You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a message board or on any other user generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

Third Party Content

In general, the content available on the TheCircle.org website is supplied by mentors, users and other third parties. As such, TheCircle.org distributes content without editorial control. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not TheCircle.org. Neither TheCircle.org nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, TheCircle.org neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the website by anyone other than an authorized representative of TheCircle.org while acting in an official capacity.

Links

Some of the links on TheCircle.org website may lead to other websites that are not controlled by, or affiliated with, TheCircle.org. In addition, other websites may link to TheCircle.org website. TheCircle.org has not reviewed these websites and is not responsible for the content or privacy policies of these websites. Your linking to such websites is at your own risk.

Disclaimer on User Content

TheCircle.org is not responsible or liable in any manner for any User Content (as defined below) posted on TheCircle.org or in connection with the Circle services, whether posted or caused by users of the site, by TheCircle.org, by third parties or by any of the equipment or programming associated with or utilized in the site or the Circle services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site or in connection with any User Content. TheCircle.org is not responsible for the conduct, whether online or offline, of any user of the TheCircle.org or the Circle services.

Disclaimers of Warranties and Limitations on Liability

YOUR USE OF THECIRCLE.ORG SITE AND THE CIRCLE SERVICES IS AT YOUR OWN RISK.

NEITHER TheCircle.org LLC, NOR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TheCircle.org LLC, AND ITS MEMBERS, MANAGAERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.

TheCircle.org site contains information, facts and opinions from various individuals and organizations. . THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER TheCircle.org NOR ITS AFFILIATES ENDORSE, WARRANT OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.

We assume no liability or responsibility for any errors or omissions in the content of TheCircle.org website, any interruptions, failures, or delays in the delivery of any content contained on TheCircle.org website, any losses or damages arising from the use of the content provided on TheCircle.org website, or any conduct by users of TheCircle.org website.

In no event shall TheCircle.org LLC, its members, managers, officers, employees or contractors be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the information provided on this site. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Disclaimer of Liability

ACHIEVING A GOAL MAY REQUIRE SKILL AND HARD WORK AND, IN SOME CASES, CARRY RISKS.  THERE ARE NO GUARANTEES OF SUCCESS. TheCircle.org LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS DO NOT MAKE ANY WARRANTIES, PROMISES, OR GUARANTEES ABOUT SPECIFIC GOALS THAT THIS PROGRAM WILL ACHIEVE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND TheCircle.org LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF MEDICAL, MENTAL HEALTH, FINANCIAL OR LEGAL PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

FURTHER, TheCircle.org WEBSITE DOES NOT PROVIDE LEGAL, FINANCIAL, MENTAL HEALTH OR MEDICAL COUNSELING OR ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF COUNSELING OR MEDICAL CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF COUNSELING AND MEDICINE INCLUDES, BUT IS NOT LIMITED TO, FINANCIAL PLANNING, INVESTMENT, LEGAL, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUOUSLY BEING DEVELOPED AND TheCircle.org LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

You have the responsibility to check with applicable laws in your jurisdiction regarding whether the approaches suggested meet legal or licensing requirements, or standards, in your jurisdiction.

Indemnification

You agree to indemnify, defend, and hold harmless TheCircle.org LLC and its members, managers,  officers, employees, contractors, agents, affiliates, co-branders or other partners and representatives from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to TheCircle.org or post on the forums infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the site and/or the Circle services. This indemnification shall survive in the event this agreement is terminated for any reason.

Acknowledgements

With regard to TheCircle.org website, you acknowledge and agree that you will not:

  • delete any legal notices, author attributions or proprietary designations or labels on any part of the site;
  • copy or otherwise re-create the source code, reproduce, publish, distribute, transmit, display, license, create derivative works from, transfer or sell any information, software, products or services obtained through the websites;
  • post or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racist or that is otherwise unlawful or objectionable which may invade another’s right of privacy or publicity, encourage conduct that would constitute a criminal offense or violate the rights of others;
  • post or transmit any material that contains a virus or corrupted data;
  • impersonate any person or entity, including, without limitation, TheCircle.org or a mentor; or falsely state or otherwise misrepresent your affiliation with such a person or entity;
  • use any of the websites’ features in a manner that limits availability of resources to other users (e.g., monopolizing the message boards);
    delete or revise any material posted by someone else;
  • violate any applicable local, state, national or international law;
  • submit or publish any material that infringes on patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for TheCircle.org website if you are not expressly authorized by such party to do so; or
  • use the website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the websites in any manner that could damage, disable, overburden or impair TheCircle.org’s servers or networks, or interfere with any other user’s use and enjoyment of the website.

Furthermore, you may not attempt to gain unauthorized access to any of the accounts, computer systems or networks connected to TheCircle.org through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any    means not intentionally made available through websites.

Intellectual Property

Copyright

The compilation of all content on this site is the exclusive property of TheCircle.org LLC and protected by U.S. and international copyright laws. All content included on TheCircle.org website, including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software, with the exception of legally posted user content, as defined below, is the property of TheCircle.org LLC or its contractors or suppliers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from TheCircle.org LLC or its respective owner.

If you are eligible to use TheCircle.org, you are granted a limited license to access and use the site and the site content and to download or print a copy of any portion of the site content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own user content, you may not upload or republish site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the site content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the TheCircle.org or the site content other than as specifically authorized herein, without the prior written permission of TheCirlcle.org, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

“The Circle”, “My Circle” and “Circle” are now or are pending status as registered trademarks of TheCircle.org LLC.  All logos, graphics, button icons, scripts, page headers, and service names of TheCircle.org are now or are pending status as trademarks or trade dress of TheCircle.org.  TheCircle.org’s trademarks, pending trademarks, and trade dress may not be used in connection with any product or service that is not TheCircle.org’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TheCircle.org. All other trademarks not owned by TheCircle.org LLC that appear on TheCircle.org website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TheCircle.org. Any images of persons or personalities contained on TheCircle.org website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on TheCircle.org, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the TheCircle.org that you did not create or that you do not have permission to post. You understand and agree that TheCircle.org may, but is not obligated to, review the site and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the TheCircle.org violates this Terms of Use Agreement or other directives of TheCircle.org or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to TheCircle.org.

When you post User Content to TheCircle.org, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the TheCircle.org. By posting User Content to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to the TheCircle.org LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that TheCircle.org may retain archived copies of your User Content. TheCircle.org does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Use of Information Submitted

TheCircle.org is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to TheCircle.org, including, without limitation, responses to questionnaires or through postings to TheCircle.org website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving TheCircle.org website or other websites. In addition, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall TheCircle.org have any obligation whatsoever to pay a fee to any subscriber or user in connection with the submitted materials upon the occurrence of a transfer of all or any portion of TheCircle.org business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers.

You acknowledge and agree that the website contains proprietary information that is protected by applicable intellectual property and other laws, and are the sole property of TheCircle.org LLC or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning TheCircle.org or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

None of the submitted materials disclosed or posted via community boards or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on TheCircle.org’s part and we shall not be liable for any use or disclosure of any such submitted materials. 

Copyright Complaints

TheCircle.org respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on TheCircle.org any materials that violate another party’s intellectual property rights. When we receive notification of Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the site infringes upon any copyright which you own or control, you may contact us online by going to the Help drop-down menu in the site, selecting Report Misuse and submitted the form with the requested information. Our Designated Agent to Receive Notification of Claimed Infringement may be contacted as follows:

TheCircle.org LLC
Attn: Designated Agent
6740 Clough Pike
Suite 203
Cincinnati, OH 45244
(513) 429-3136
Fax: (412) 202-0193
admin@theCircle.org

Your Conduct on TheCircle.org Website

By accessing TheCircle.org website, you agree not to upload, post, email or otherwise send or 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 associated with TheCircle.org website. You also agree not to interfere with the servers or networks connected to TheCircle.org website or to violate any of the procedures, policies or regulations of networks connected to TheCircle.org website, the terms of which are incorporated herein. You further agree not to impersonate any other person while using TheCircle.org website, conduct yourself in a vulgar or offensive manner while using our service, or use TheCircle.org website for any unlawful purpose.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

My Circle Page

The My Circle page is a special profile used solely for personal use by a member of TheCircle.org.  You may not set up a My Circle page on behalf of an individual unless you have authority to do so. The My Circle page is private and the member controls who may view it. While TheCircle.org offers member privacy with respect to the My Circle page, you understand that TheCircle.org may view a member’s My Circle page for any reason or no reason. However, as a policy, TheCircle.org will not access a member’s My Circle page unless it has grounds to believe that the member is in violation of this Agreement, that the member’s safety is in jeopardy or for reasons of public safety.  The My Circle page may also be accessed in accordance with legal process and court order.

TheCircle.org DOES NOT PRE-SCREEN OR APPROVE MY CIRCLE PAGES, AND CANNOT GUARANTEE THAT A MY CIRCLE PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL THAT IS THE SUBJECT OF A MY CIRCLE PAGE. NOR IS TheCircle.org RESPONSIBLE FOR THE CONTENT OF ANY MY CIRCLE PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY MY CIRCLE PAGE, INCLUDING HOW THE OWNER OF THE MY CIRCLE PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A MY CIRCLE PAGE.

TheCircle.org reserves the right to cancel a member’s account and remove any My Circle page and content if there is any 6 month period wherein there is no activity by the member.

Contact

If you have questions concerning your account, our privacy policy or any other matter, please contact customer support at admin@thecircle.org.

Forum and Applicable Law Clause

This Agreement and the relationship between you and TheCircle.org shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. You and TheCircle.org LLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Hamilton, in the State of Ohio, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

General Information

The failure of TheCircle.org to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by TheCircle.org LLC of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

June 2009