Privacy & Terms of Use
Privacy Policy
Last revised on February 8, 2012.
This Privacy Policy describes how CircuLite, Inc. (“CircuLite”) treats personal information that CircuLite collects and receives from you through www.circulite.net (the “Website”).
Acceptance of Privacy Policy
Each time you access, use, place an order on, or browse the Website, you signify your acceptance of the then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorized to use the Website and must discontinue use of the Website immediately.
Collection of Personal Information
The personal information that CircuLite collects about you may include without limitation your first and last name, home address, email address, birthdate, home telephone number, fax number, employer name, employment position or title, work address, and other information that is not otherwise publicly available. CircuLite collects personal information about you when you sign-up to receive emails from CircuLite, request information or materials, or communicate with us. The collection of this information enables CircuLite to improve its services, to keep you apprised of information and developments that you may find of interest, and to allow CircuLite to better understand your needs.
Collection of Non-Personal Information
CircuLite automatically receives and records non-personal information on our server logs from your browser as well as through other analysis of the Website. Non-personal information includes without limitation your Internet Protocol (“IP”) address, cookie information (as described below), the pages you request, type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer), the domain name of your Internet service provider, your activities while visiting the Website, and the content you accessed. A cookie is a piece of data stored on your computer. When you visit the Website, your Web browser may store cookies on your computer, which will better enable you to navigate the Website upon return. You may use the Website even if you choose to reject or delete the cookies. Cookies also may be used by some of the other websites for which a link is placed on the Website.
Use of Information
We may use the information we collect from you:
- To monitor and analyze information regarding your browsing and viewing preferences.
- To process and respond to your inquiries.
- To improve the Website.
- To enable CircuLite to alert you to new features, terms, content, special events, products or services of the Website.
- For the purposes for which you provided the information.
- To enforce the Terms of Use.
Information Sharing with Third Parties
CircuLite may disclose Personal Information to third parties that we may hire to perform services on our behalf. CircuLite does not disclose or sell Personal Information that is personally identifiable to you to third parties for their direct marketing purposes. We may share Non-Personal Information with third parties.
CircuLite may disclose Personal Information as required by applicable law or as necessary or advisable to: (a) protect CircuLite’s rights, safety or property or the rights, safety or property of others; (b) enforce the Terms; (c) respond to your requests for customer service or other information; (d) comply with legal process or cooperate with law enforcement or governmental requests; (e) investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or exercise legal rights or defend against claims; or (f) comply with or as permitted by applicable laws and regulations.
CircuLite reserves the right to transfer any and all information, including without limitation Personal Information, to an affiliate or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our business or operations (including without limitation in connection with bankruptcy or any similar proceedings).
Information Removal/Opt-Out
You are responsible for keeping your Personal Information current. You may update your Personal Information by emailing CircuLite. If you prefer not to receive marketing or promotional emails from CircuLite, you may click on the “Unsubscribe” link in any promotional email you receive from us and follow the “Unsubscribe” instructions. Please note that such requests may take up to ten (10) days to become effective.
Protection of Personal Information
CircuLite uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of your Personal Information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of CircuLite to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither CircuLite nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.
Third Party Posts and Links
The Website may include posts by or links to websites operated by third parties. CircuLite endeavors to allow posts or links to reputable organizations; however, because third parties and other sites are not hosted or controlled by us, CircuLite is not responsible for the privacy practices of those sites or third parties, or their content or activities. We encourage you to review the privacy policies of third parties and their websites. This Privacy Policy only applies to information that CircuLite collects through the Website and does not address the privacy or information practices of any third parties or other websites.
Governing Law
This Privacy Policy shall be governed by, and will be construed under, the laws of the State of New Jersey, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. CircuLite may limit the Website’s availability, in whole or in part, concerning any person, geographic area or jurisdiction, at any time in its sole discretion. CircuLite may host or store servers and information within or outside the United States.
Questions?
If you have any questions or comments about this Privacy Policy or the Website, or you wish to access or make changes to your Personal Information, please contact us at CircuLite, Inc., 250 Pehle Avenue, Plaza 1, 4th Floor, Saddle Brook, NJ 07663, or by emailing us here. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to CircuLite.
Terms of Use
Last Revised February 8, 2012
The www.circulite.net website (the “Website”) is offered by CircuLite, Inc. (“CircuLite”). These Terms of Use (the “Terms”), together with the Privacy Policy, describe the terms and conditions applicable to all users’ access to and use of the Website.
Acceptance of Terms of Use
Please carefully read the following Terms before using the Website. By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.
YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND CIRCULITE’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Website and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. CircuLite may make changes to the Website, content, products, services or features of the Website at any time. You understand and agree that CircuLite may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.
Age Restrictions
In consideration of your use of the Website, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.
The Website is directed to persons 13 years of age or older. CircuLite and the Website do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to CircuLite through the Website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Website, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe CircuLite may have inadvertently collected personal information from your child, please notify CircuLite immediately by sending an email to us here.
Proprietary Rights
You acknowledge and agree that, as between CircuLite and you, all right, title and interest in and to the Website and its content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by CircuLite, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Website or any portion thereof.
Copyright
All content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of CircuLite or its licensors and content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website solely for your own information and personal use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance or commercial exploitation of content, is strictly prohibited.
Trademarks
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to CircuLite. Without limiting the foregoing, SYNERGY® and CIRCULITE® are registered trademarks of CircuLite. Unauthorized use of any trademark of CircuLite may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by CircuLite of the third parties, or by the third parties of CircuLite.
Links to Third Party Website
The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other sites, products or services is at your own risk. The advertisements, postings and linked sites are not under the control of CircuLite which is not responsible for their content. Such advertisements, postings or links or references to third party goods or services do not imply endorsement of information, material, products or services of any third party or on any other site. CircuLite disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or third parties. You acknowledge and agree that CircuLite shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Privacy Policy
Please review the Privacy Policy for the Website. If you do not agree with the Privacy Policy, you are not authorized to use the Website. The terms of the Privacy Policy are incorporated in these Terms by reference.
No Medical Advice
The Website, and any content or information contained on the Website, are meant for informational purposes only, and are not intended to offer any medical advice for the treatment or diagnosis of chronic heart failure or any other condition. The information provided on the Website is not intended to replace medical advice offered by a physician, and should not be used for diagnosing a health or medical condition. CircuLite does not purport to render medical or similar professional services or advice through the Website
Modifications to the Website
CircuLite reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that CircuLite will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Suspension and Termination Rights
CircuLite reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, or any part thereof, for any reason, including without limitation any breach by you of these Terms. You agree that CircuLite shall not be liable to you or any third party for any such suspension, discontinuance or termination.
Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is CircuLite, Inc., 250 Pehle Avenue, Park 80 West, Suite 403, Saddle Brook, New Jersey 076663, (201) 543-2430. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or by emailing CircuLite. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
Your Indemnity of CircuLite
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CIRCULITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE OR ANY OTHER MATERIALS OR INFORMATION YOU SUBMIT TO US OR TRANSMIT TO THE WEBSITE; AND (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF CIRCULITE OR ANY THIRD PARTY.
Disclaimers and Limitation of Liability
THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CIRCULITE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE IS AT YOUR SOLE RISK. CIRCULITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRCULITE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, AND INFORMATION ON THE WEBSITE, EVEN IF CIRCULITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
Governing Law and Disputes
Any dispute between you and CircuLite arising out of or relating to these Terms, the Privacy Policy, or the Website or any of its content shall be governed by, and will be construed in accordance with, the laws of the State of New Jersey, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for Saddle Brook, NJ, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Website is controlled within the United States of America and are directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. CircuLite does not represent that the Website or its content is appropriate outside the United States of America. CircuLite reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion.
Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. CircuLite’s failure to act with respect to any failure by you or others to comply with these Terms does not waive CircuLite’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Circulite with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of CircuLite, and any assignment or transfer in violation of this provision shall be null and void. CircuLite reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Website, including without limitation the right to block access from a particular internet address.
Questions?
Please direct any questions you may have about these Terms of Use, or technical questions or problems with the Website, to CircuLite.