Website Terms of Use

Last Modified: September 30, 2023

The Website Terms of Use (“Terms of Use”) governs the use of the website (“website” or “Site”) operated by Ciracom, Inc. (“Ciracom” or “we”). Ciracom operates the Site to provide online access to information about us and the products, services, and opportunities we offer. By accessing and using the Site, you agree to these Terms of Use and to our Privacy Policy.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is set forth above, so be sure to check back for updates.

If you have any questions about our Website Terms of Use, please contact us at [email protected].

Permitted Use of The Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Ciracom products and services, and solely in compliance with these Terms of Use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

By accepting these Terms of Use through the use of our Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Accounts

When you create an account on our Site, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us at [email protected].

Prohibited Use of The Site

By accessing the Site, you agree that you will not:

Use the Site in violation of these Terms of Use;
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
Violate or attempt to violate the security of the Site;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the servers hosting Ciracom’s products, services, and Sites, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Site in any manner that damages, disables, overburdens, or impairs Ciracom’s Site or interferes with any other party’s use and enjoyment of the Site;
Mirror or frame the Site or any part of it on any other website or web page;
Attempt to gain unauthorized access to the Site;
Access the Site by any means other than through the interface that is provided by Ciracom for use in accessing the Site; and
Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

Copyrights and Trademarks

The Site is based upon proprietary Ciracom technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Ciracom. We own and retain all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Ciracom, our logos, and our other marks are trademarks and the property of Ciracom. The appearance, layout, color scheme, and design of the Site are protected trade dress. All other marks are the property of their respective companies. Customer does not receive any right or license to use the foregoing.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at [email protected].

Ciracom respects the intellectual property rights of others, and we ask our users to do the same. If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim Ciracom’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.

User Reviews, Feedback and Submissions

For all reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Ciracom on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”), you grant Ciracom royalty-free, irrevocable, transferable right and license to use the Comments however Ciracom desires. This includes without limitation, the right and license to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology.

Ciracom will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Ciracom is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.

You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” Ciracom does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Ciracom the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Ciracom for all claims resulting from any Comments you submit. Ciracom and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Links to Third-Party Websites

Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Ciracom of the third party, the third-party website, or the information there. Ciracom is not responsible for the availability of any such websites. We are not responsible or liable for any such websites or the content thereon. If you use the links to the websites of Ciracom’s affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.

Downloading Files

Ciracom cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Pricing and Content Information

We do our very best to provide you with excellent, competitive prices on our Site. Although Ciracom strives to provide accurate pricing information, errors may occur. If an item is listed at an incorrect price due to an error in pricing, Ciracom shall have the right, at their sole discretion, to modify, refuse or cancel any orders placed for that item and notify you of such change or cancellation.

Ciracom does not price match with any other online or offline retailer. However, we strive to maintain highly competitive prices and review them regularly to serve you with the best value.

Ciracom attempts to be accurate in its product descriptions. However, we do not warrant that product descriptions or other Content of this Site are accurate, complete, reliable, current, or error-free. If you find a product is not as described, please contact us at [email protected].

Quantity Limits, Order Acceptance, and Dealer Sales

Ciracom reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per company or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

Ciracom reserves the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is executed. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Ciracom reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Ciracom for the purpose of engaging in a commercial sale of that same product(s) with a third-party.

Export Policy

You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations (including, but not limited to, the Export Administration Act and the Arms Export Control Act) and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Disclaimers; Limitations of Liability

CIRACOM AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CIRACOM AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CIRACOM IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIRACOM AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF CIRACOM OR ANY OF CIRACOM’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CIRACOM IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF CIRACOM AND ITS OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Ciracom, its business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

Additional Terms of Service

If you are a customer of Ciracom, your use of our products and services is subject to Ciracom’s Agreements, available at Terms and Policy Statements.

General Provisions

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Ciracom of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. Although Ciracom strives to provide accurate information, the Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Ciracom’s Privacy Policy, your use of the Site, any other Ciracom website or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Virginia, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Alexandria, Virginia in the event of any dispute of any kind arising from or relating to these Terms of Use, Ciracom’s Privacy Policy, your use of the Site, any other Ciracom website or the Content.

Claims of Copyright Infringement

This section outlines the procedure for making and responding to claims of copyright infringement.

DMCA Notices

It is our policy to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”).

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Ciracom’s Designated Agent. Notifications of claimed copyright infringement on or relating to this website (“Notifications”) can be sent by e-mail to [email protected] or by letter via U.S. Mail to:

Amy Rutt, Designated Agent
Ciracom Cloud
761 Monroe Street
Herndon, VA 20170

Submission of Notification: To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ciracom to locate the material;
Information reasonably sufficient to permit Ciracom to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Receipt of Notification: Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, Ciracom will:

Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to such alleged infringer (the “Alleged Infringer”);
Take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Ciracom, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Counter Notification: An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Ciracom’s Copyright Agent that includes substantially the following:

A physical or electronic signature of the Alleged Infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Ciracom may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification: Upon receipt of a valid Counter Notification, Ciracom will:

Promptly provide the Complaining Party with a copy of the Counter Notification;
Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Ciracom’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Ciracom’s network or system.

The DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Ciracom, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.