TERMS OF SERVICE
These Terms of Service apply to circathebeaches.net, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the “Circa The Beaches”). As used herein, “we,” “us” and “our” refers to Circa The Beaches.
These Terms of Service apply to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).
These Terms of Service and any other terms that appear on the page from which you were directed to these Terms of Service govern your use of Circa The Beaches. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service will control. If you have purchased access to Circa The Beaches through a third party (for instance, an online store that sells applications), such third party is not a party to these Terms of Service, and in the event of any conflict between the terms that apply to your purchase of Circa The Beaches services from such third party and these Terms of Service, such third party terms will control.
These Terms of Service may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of Circa The Beaches is subject to the Terms of Service then in effect. Continued access to Circa The Beaches by you following any modification in the Terms of Service will constitute your acceptance of the Terms of Service as modified. If you do not agree to be bound by all of the terms set forth below, do not use any Circa The Beaches website or services.
CIRCA THE BEACHES PROVIDED “AS-IS, AS-AVAILABLE”
The materials comprising Circa The Beaches are provided by Circa The Beaches as a service to you for your noncommercial, personal use on an “as-is, as-available” basis. The materials may be used by you for informational purposes only. You acknowledge that you are using Circa The Beaches at your own risk. Circa The Beaches may add features to or remove features from Circa The Beaches at any time and from time to time in its sole discretion.
Circa The Beaches assumes no responsibility for any errors or omissions in the materials comprising Circa The Beaches. Circa The Beaches makes no commitment to update the information on Circa The Beaches. No advice or information given by Circa The Beaches or any other party on the Circa The Beaches shall create any warranty or liability. Furthermore, Circa The Beaches is not responsible for any content transmitted or posted to Circa The Beaches by any third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of Circa The Beaches. (See below regarding “User Content.”)
Circa The Beaches periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Circa The Beaches shall have no liability for the resulting unavailability of Circa The Beaches or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
Circa The Beaches makes no, and expressly disclaims any, representations or warranties, express or implied, regarding Circa The Beaches, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Circa The Beaches makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on Circa The Beaches or accessed via Circa The Beaches, or that Circa The Beaches will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall Circa The Beaches, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with Circa The Beaches, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.
Governing Law, Jurisdiction and Choice of Forum
You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of Circa The Beaches, shall be governed by and construed in accordance with the substantive laws of the State of Delaware. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.
The failure of Circa The Beaches to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.
These Terms of Service constitute the entire agreement between you and Circa The Beachess with respect to the subject matter hereof and supersedes any other agreements, written or oral.