Terms of Service
The agreement that protects this community.
Terms of Service
Circled LLC · Last updated: October 10, 2026
These Terms of Service (“Terms”) are entered into by and between you and Circled, LLC, a Wyoming limited liability company (“Circled”, the “Company”, “we”, or “our”, as applicable) and govern your access to, and use of, the Circled in Light website at joincircled.com, including any content, functionality, and services offered on or through joincircled.com (the “Site”) and the Circled in Light community platform (“the Platform”), whether as a guest or registered user. By accessing or using the Platform, you confirm that you have read, understand, and agree to be bound by these Terms, and you acknowledge that you have read our Privacy Policy, which explains how we handle your personal information. If you do not agree to these Terms, do not use the Platform.
PLEASE NOTE THAT SECTION 14 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER PROVISION, AND A MASS ARBITRATION WAIVER PROVISION. PLEASE READ THE ARBITRATION PROVISIONS IN THIS AGREEMENT AS IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND CIRCLED WOULD BE RESOLVED.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE PLATFORM. BY VISITING, VIEWING, OR USING THE PLATFORM, YOU (ON BEHALF OF YOURSELF AND ANY OTHER PERSON YOU REPRESENT) ARE AGREEING TO THESE TERMS AND TO OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM. YOUR CONTINUED USE OR ACCESS OF THE PLATFORM CONSTITUTES AGREEMENT WITH THESE TERMS.
1. Who we are
The Platform is operated by Circled LLC. Details of Circled LLC's representatives in the European Union and the United Kingdom under Article 27 of the GDPR and the UK GDPR, respectively, are published in our Privacy Policy. References to the “Platform” include this Site, our “Mighty Networks” community, our email communications, and any related services.
2. Eligibility and information about you and your visits
You must be at least 18 years of age to use the Platform. The Platform is designed for women who are separated, divorced, widowed, single, facing an empty nest, or otherwise navigating life solo, including women who feel alone within a marriage. By using the Platform, you represent and warrant that you are 18 or older, and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. We reserve the right to refuse or terminate access at our sole and absolute discretion.
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
For purposes of these Terms, references to “users” and “members” shall be interchangeable, as applicable.
3. The Circle Code
All members must read and agree to the Circled in Light Circle Code as a condition of membership. The Circle Code referred to in these Terms is the version published in the Circle Code section of our home page at joincircled.com/#circle-code. The Circle Code forms part of these Terms. Violation of the Circle Code may result in immediate suspension or permanent removal from the Platform without refund.
4. Modification
We reserve the right to modify the Platform at any time in our sole and absolute discretion and with or without notice to you and without liability. For example, we may add, modify or remove functionality or features, and we may suspend or stop a particular feature or service offering altogether. We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
We also reserve the right to modify these Terms at any time in our sole and absolute discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in these Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform. When such changes are made, we will make a copy of the new Terms available to you on the Platform. By continuing to use or log in to the Platform after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to our changes, you can stop using the Platform at any time.
5. Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Platform or the entire Platform.
You are responsible for both: (a) making all arrangements necessary for you to have access to the Platform; and (b) ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
If you register to use the Platform or download any related application, you may choose, or we may require you, to create an account username, password or other login credentials as part of our security procedures in order to make purchases, subscribe to services, or use certain features on the Platform. You must not disclose any of the foregoing to any other person or entity, and must treat such information as confidential.
To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes. You must be at least 18 years or older to independently register as a user and create an account. No individual under these age limits may use the Platform, provide any personal data to Circled, or otherwise submit personal data through the Platform (e.g., a name, address, telephone number, or email address).
We take commercially reasonable precautions to protect your information. When you submit information through the Platform, your information is protected both online and offline. Online, we use encryption to protect information. While we strive to protect your privacy and secure your information, we cannot and do not guarantee the security of information sent via your personal internet connection, and you disclose such information at your own risk. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites or applications. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, you agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, and shall contact us immediately at support@joincircled.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password. Only Circled personnel with a specific need to access your information in order to perform their duties are provided such access to the data you provide, and they must have secure administrative rights in order to do so.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and absolute discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Platform. We may also pause, deactivate, terminate or suspend your account or access to certain services at any time for reasons including, but not limited to, the following: (1) a violation of these Terms; (2) if we determine, in our sole and absolute discretion, that you have created a risk or possible legal exposure for Circled or any third party; (3) upon any discontinuation of material modification to our Platform; (4) unexpected technical security issues or problems; (5) deletion of your information, files and content associated with your account in association with a request by you; (6) nonpayment of any fees owed by you to Circled; (7) your use of Circled and/or the Platform in a manner that we deem, in our sole and absolute discretion, to be antisocial or inconsistent with the community norms and behavior that Circled is seeking to foster among its user base; or (8) extended periods of inactivity. Any pause, deactivation, termination or suspension of your account shall be at Circled’s sole and absolute discretion and Circled shall not be liable to you or any third party for any such action on your account or access to the Platform.
6. Not Professional Advice: Important Disclaimers
THE PLATFORM IS A PEER COMMUNITY SPACE. NOTHING ON THE PLATFORM CONSTITUTES PROFESSIONAL MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, LEGAL, FINANCIAL, OR ANY OTHER ADVICE OR COUNSELING OF ANY KIND. Content shared by members, moderators, chapter hosts, community managers, the founder, or any other person represents personal experiences and opinions only. It is not a substitute for professional advice or counseling. The content on the Platform is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Circled makes no representations nor provides any warranties as to the accuracy, completeness, credibility, reliability, or suitability of any content on the Platform. You assume the risk by relying on any content on the Platform.
Content available on the Platform is provided for informational, educational, and community purposes only. Nothing on the Platform creates a professional-client relationship of any kind between Circled and any person. Always seek the advice of a qualified professional regarding any specific legal, medical, financial, psychological, or other professional matter.
The Platform provides a venue for users to communicate and share information, opinions, and personal experiences. User-generated content reflects the views of individual users and does not reflect the views of Circled, its affiliates, owners, officers, directors, managers, employees, moderators, contractors, partners, advisors, agents, or representatives. Users agree that they are voluntarily providing content. If you do not want your content seen by other users, do not upload them to the Platform.
To the extent any third party or external links appear on the Platform, clicking on such links may cause you to be directed to an external site operated by a third party, which Circled has no control over and Circled accepts no responsibility for them. Data related to you clicking on a link may be transferred to the third party. After clicking on such link and being transferred to a third party external site, you may have an opportunity to purchase goods, services, products, tickets, or other items from the third party or other parties. Circled acts only as a facilitator. Circled may be compensated as a result of you purchasing goods, services, products, tickets, or other items after clicking on an advertising link on the Platform. Any rights or obligations under the agreement made between you and the third party shall be solely between you and the third party, and Circled makes no representations or warranties with respect to any goods or services purchased in this manner. If you do not want to be taken to a third party site or have data related thereto transferred to a third party, please do not click on links associated with third parties. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Circled does not endorse, verify, or take responsibility for any user-generated content posted on the Platform. We reserve the right, but are not obligated, to remove content that violates these Terms or the Circle Code.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CIRCLED NOR ANY PERSON ASSOCIATED WITH CIRCLED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CIRCLED NOR ANYONE ASSOCIATED WITH CIRCLED REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CIRCLED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6a. User Safety and Member Interactions
Users are solely responsible for their interactions with other members, both online and offline. Circled does not conduct background checks on users and does not guarantee the conduct, identity, intentions, safety, or truthfulness of any member.
Members may choose how they identify themselves within the community, including by using a pseudonym where the Platform permits it. Circled does not independently verify that a member's profile name, photograph, biographical information, or other profile information reflects her legal identity or background. Membership in Circled, the existence of a member profile, or information displayed on a profile should not be relied upon as confirmation of a person's identity, background, intentions, character, or suitability for any particular interaction or meeting.
Our community platform does not display a member's email address to other members on her profile or in the member directory. It lets members exchange private messages, block another member, and report a member or content to us. Blocking a member stops her from messaging you, but she may still be able to see what you post in shared parts of the community. Each member remains responsible for deciding what personal information to disclose, whether to communicate privately with another member, and whether and under what circumstances to meet another member in person.
Circled expressly disclaims all liability for any harm, loss, or damage arising from interactions between members, whether occurring on the Platform or in person at chapter gatherings, Retreat events, or any other meeting arranged through the Platform.
To the fullest extent permitted by applicable law, you acknowledge the risks associated with communicating or meeting with people you come to know through an online community and remain responsible for exercising reasonable care and judgment in those interactions. You are encouraged to use the same common-sense precautions with Platform members that you would use with any person you do not know personally.
6b. Local Chapters: Self-Organized Community Groups
Circled in Light local chapters are self-organized community groups formed organically by members who find each other through the Platform. Circled provides the framework, the Circle Code, and the Host Handbook as guidance. Everything else is provided by the organizer(s) and/or promoters of any Circled in Light local chapter. Circled does not employ, endorse, screen, or take responsibility for individual Chapter Hosts or their conduct. Chapter Hosts are volunteer members who have agreed to uphold the Circle Code. Participation in local chapter gatherings is entirely voluntary and at each member's own discretion and risk.
7. Limitation of Liability and Indemnification
Circled provides a platform through which members may communicate, exchange information, share experiences, offer opinions, provide recommendations, organize activities, and interact with one another both online and offline. Circled does not verify, endorse, investigate, monitor, guarantee, or assume responsibility for the accuracy, completeness, reliability, legality, safety, suitability, or usefulness of any content, statements, opinions, advice, recommendations, invitations, services, events, opportunities, or other information shared by members.
All content posted, transmitted, or communicated by members reflects the views and opinions of the individual member and not those of Circled, its owners, officers, directors, employees, contractors, moderators, affiliates, subsidiaries, agents, representatives, licensors, successors, or assigns. The Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We do not warrant the accuracy, completeness, or usefulness of any information. Members acknowledge and agree that any reliance upon information, advice, recommendations, comments, referrals, introductions, invitations, opportunities, services, or other content obtained through the Platform is undertaken solely at their own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
EXCEPT WHERE PROHIBITED, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CIRCLED AND ITS OWNERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MODERATORS, VOLUNTEERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS BE RESPONSIBLE OR LIABLE FOR ANY LOSS, INJURY, DAMAGE, HARM, DISPUTE, EMOTIONAL DISTRESS, FINANCIAL LOSS, REPUTATIONAL HARM, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, DEATH, OR OTHER CONSEQUENCES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO: (A) CONTENT POSTED OR SHARED BY MEMBERS; (B) COMMUNICATIONS BETWEEN MEMBERS; (C) INTRODUCTIONS MADE THROUGH THE PLATFORM; (D) PARTICIPATION IN ONLINE OR IN-PERSON EVENTS; (E) TRAVEL, TRANSPORTATION, LODGING, OR ACTIVITIES ARRANGED BY MEMBERS; (F) ADVICE, SUGGESTIONS, OPINIONS, RECOMMENDATIONS, REFERRALS, OR REPRESENTATIONS MADE BY MEMBERS; (G) THE CONDUCT, ACTIONS, OMISSIONS, IDENTITY, INTENTIONS, QUALIFICATIONS, OR BEHAVIOR OF ANY MEMBER OR THIRD PARTY; OR (H) USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Members are solely responsible for evaluating the accuracy, suitability, and safety of any information, opportunity, activity, event, recommendation, or relationship encountered through the Platform.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH MEMBER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CIRCLED LLC AND ITS OWNERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MODERATORS, VOLUNTEERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO: (i) THE MEMBER’S USE OF THE PLATFORM; (ii) CONTENT SUBMITTED, POSTED, TRANSMITTED, OR SHARED BY THE MEMBER; (iii) THE MEMBER'S INTERACTIONS WITH OTHER USERS; (iv) PARTICIPATION IN EVENTS, ACTIVITIES, MEETINGS, TRAVEL, OR GATHERINGS CONNECTED TO THE PLATFORM; (v) VIOLATION OF THESE TERMS; OR (vi) VIOLATION OF ANY APPLICABLE LAW OR THIRD-PARTY RIGHTS.
Circled reserves the right, but not the obligation, to remove content, suspend accounts, restrict participation, or take other actions deemed necessary to protect the community, although Circled undertakes no duty to monitor all content or member activity.
8. Member Content
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) original content or materials (collectively, “User Contributions”) on or through the Platform. For the avoidance of doubt, any post on the Platform that incorporates Circled intellectual property shall not be deemed User Contributions and instead a derivative work. Any such derivative work shall be the property of Circled, and you agree to take any and all actions necessary to assign such ownership to Circled.
All User Contributions must comply with the content standards set out in these Terms.
Content you post will be visible to other members of the Circled community. While we ask every member to honor the Circle Code's commitment to keep what is shared here, Circled cannot guarantee that another member will do so, and you should bear that in mind when deciding how much detail to share, including by using a pseudonym where you prefer. Outside of what this Section 8 describes, Circled does not disclose your User Contributions to third parties other than to our service providers.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted in this Section to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Circled, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
You retain ownership of, and copyright in, the User Contributions.
By posting or submitting content, notwithstanding anything to the contrary, you grant Circled a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to host, store, format, reproduce, display, and make that content available within the Circled community, solely as reasonably necessary to operate, administer, and moderate the community. This license continues for any of your content that remains on the Platform after your membership ends, for as long as that content remains on the Platform. Circled will not make substantive editorial changes without your approval unless necessary to comply with applicable law, these Terms, or the Circle Code.
With your permission, and only with your permission, Circled may share your content beyond the community, for example in a publication, an email, or a social post.
You represent and warrant that your content does not violate any third-party rights and complies with the Circle Code.
Ending your membership does not by itself remove content you have contributed. Our Privacy Policy explains what may remain on the Platform.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole and absolute discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Circled.
- Disclose your identity or other information about you to a third party pursuant to a valid court order, subpoena, or other binding legal process, or as otherwise required by applicable law.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any binding legal process requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS CIRCLED AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
9. Community Standards, Content Standards, and Prohibited Conduct
The Circle Code is our commitment to one another. These standards are the floor beneath that commitment: the things that are simply not tolerated here, and what we will do when they happen. They exist for one reason - so that every woman in Circled in Light can feel safe.
9.1 Dignity: no bullying, no harassment. Do not mock, demean, intimidate, shame, or pile onto another member. Do not send repeated unwanted messages after being asked to stop. Do not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Circled or users of the Platform, or expose them to liability. Disagreement is acceptable; degradation is not.
9.2 No hateful conduct. Content that attacks a person or group on the basis of race, ethnicity, national origin, religion, caste, disability, serious illness, age, sex, sexual orientation, or gender identity has no place in Circled in Light. This includes slurs, stereotyping, and “jokes” that carry contempt. Racism is named here on purpose: it is grounds for removal, first offense included.
9.3 No threats, violence, or incitement. No threatening language toward any person, no celebrating or encouraging violence, no content that could contribute to someone being physically harmed.
9.4 Safety in vulnerable moments. Many women arrive here mid-transition, and some arrive hurting. Content that encourages self-harm, suicide, or disordered eating will be removed - always with care for the woman behind it, and where we can, we will encourage her toward professional help.
9.5 No sexual exploitation or unwanted advances. No sexually explicit content, no sexual solicitation, and no unwanted romantic or sexual advances toward members. Do not use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
9.6 Privacy is sacred. Respecting one another's privacy is fundamental to Circled in Light. Members are expected to treat conversations and personal information shared within the community as private. You may not screenshot, record, copy, download, forward, publish, post, or otherwise share another member's words, comments, posts, messages, images, identity, contact details, location, story, or other personal information outside Circled in Light without that member's permission, and you may not publish anyone's personal information anywhere, in or out of Circled in Light, without her consent. This mirrors the Circle Code and it is also an enforceable term.
Nothing in this section prevents you from reporting a concern to us, including by sending us the content concerned; from reporting a safety concern or suspected unlawful conduct to law enforcement or another appropriate authority; or from making a disclosure that the law requires.
While we require members to respect these expectations, we cannot guarantee that another member will not improperly disclose information shared within the community. Please use your own judgment when deciding what personal information to share.
9.7 Be honest about who you are. You may use a pseudonym to protect your privacy. A pseudonym is not the same as impersonating another person or misrepresenting yourself in order to gain access to the community or another member's trust. Do not impersonate another person, create deceptive or unauthorized duplicate accounts, join under false pretenses, or materially misrepresent yourself in order to gain access to Circled in Light or deceive its members.
9.8 No scams, spam, or exploitation. No fraud or deceptive schemes, no recruiting members into commercial ventures, no multi-level marketing or direct sales, no affiliate or referral links, no collecting member details as sales leads, no soliciting donations, no repeated promotional content, and no promoting, advertising or commercial solicitation without our written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. This applies to posts, comments, profiles, events, Local Chapters and private messages alike, and private messages may not be used to bypass it.
9.9 Nothing unlawful. Do not use the Platform to organize, promote, or carry out any illegal activity, nor use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), and do not post content that infringes any third party's rights.
9.10 Technical integrity. Do not attempt to gain unauthorized access to any part of the Platform, scrape member data, or use the Platform in any manner that could damage, disable, or impair it. Do not send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
9.11 Beliefs belong here. Recruitment does not. Circled in Light is home to women of every faith and of none, and to women across the political spectrum. What you believe is part of your story, and you are free to speak from it here - what you hold to, and how it has carried you, is welcome. What this space is not for is moving another woman out of her own beliefs. Do not use Circled in Light, online or at a chapter gathering, to campaign, canvass, evangelize, fundraise, or recruit for any religion, party, cause, or movement; do not keep pressing a woman who has asked you to stop; and never make another woman's faith or politics the reason you treat her poorly. Share your own story, not a verdict on hers.
9.12 How these standards are enforced. We reserve the right, at our sole discretion, to review, restrict, remove, or take other appropriate action regarding content that violates these Terms, the Circle Code, or the community standards published on the Platform. We also reserve the right, at our sole discretion, to restrict, suspend, or permanently remove any member for conduct that violates these Terms, the Circle Code, or the community standards published on the Platform, with or without prior warning, and without refund, as described in these Terms. We may act on a user’s report or on our own initiative. We do not commit to monitoring all content, and we cannot guarantee we will see every violation. If you become aware of conduct that you reasonably believe violates these standards, the Circle Code, or these Terms, or that raises a genuine safety concern, you may report it using the platform's report function on the content itself, or by contacting us using the details in Section 18. We may review reports and take such action as we consider appropriate under these Terms and applicable law.
Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Linking to the Platform
You may link to the Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Platform.
- Send emails or other communications with certain content, or links to certain content, on the Platform.
- Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission for any or no reason at any time in our sole and absolute discretion and with or without notice. We may disable all or any social media features and any links for any or no reason at any time and with or without notice in our sole and absolute discretion.
11. Intellectual Property Rights
All content on the Platform (including text, design, graphics, prompts, documents, and the Circled in Light brand), other than User Contributions which do not incorporate any Circled intellectual property, is the intellectual property of Circled, owned by Circled, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Circled LLC name, the terms “CIRCLED” and “CIRCLED IN LIGHT”, and all related names, logos, product and service names, designs, and slogans are trademarks of Circled or its affiliates or licensors. You may not use such marks, or reproduce, distribute, or create derivative works from such marks or our content without the prior written permission of Circled. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Platform.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Circled. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You waive all moral rights or rights of attribution to any user generated content, to the extent permitted by applicable law. You also grant each user of the Platform a perpetual, irrevocable, world-wide, royalty-free, non-exclusive license to access the user generated content that you post, upload, or submit and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Platform and under these Terms. This license lasts for as long as your content remains on the Platform.
12. Membership, Voluntary Support, Payments, and Refunds
Membership is currently complimentary. There is no membership fee for joining through our current joining route, no payment card is required, and there is no trial that converts to a paid subscription. Membership provides access to the Circled in Light online community.
To request membership, you create an account on our community platform, answer the required application questions, and submit a request to join. Creating an account or submitting a request does not make you a member. We review each request and may approve or decline it at our sole and absolute discretion. Approval of your request does not by itself make you a member or give you access to the community. If your request is approved, our community platform will send you an email about your approval. Your membership, and your access to the community, begin when you return to the community platform and complete the step it asks you to take to confirm your access.
Retreats, travel events, original Circled in Light audio productions or other publications, courses, goods and/or services may be purchased separately as they become available. The Circled in Light Retreat is available to Circled in Light members only. Current, active membership is required both to register your interest and to attend.
You may end your membership at any time by contacting us, and our community platform may also allow you to leave the community yourself through your account settings. Because membership is complimentary, there is no membership fee to stop. Ending your membership ends your access to the community. It does not by itself delete your account on our community platform, the content you have contributed, or any contact record we hold for our email updates, and it does not unsubscribe you from those email updates. Our Privacy Policy explains what may remain.
Earlier paid beta subscriptions. Before membership became complimentary, a small number of members joined through an earlier paid beta and hold a subscription created at that time. Those subscriptions are billed through our community platform, Mighty Networks, with payments processed by Stripe, Inc. A member with such a subscription may ask us to cancel it at any time by contacting us. Canceling such a subscription ends the membership held through it. Except where required by law, we do not provide refunds for the unused portion of a billing period.
While Circled's current membership model is complimentary, we may change the membership model in the future, including by introducing a membership fee if we determine that doing so is necessary to support the continued operation and sustainability of the community. If we make such a change, we will notify our members in advance and explain the new terms before they take effect. No member will be charged a membership fee unless she chooses to continue under the new terms.
Circled may offer the option to provide voluntary financial support. This is not a membership fee and it is not a condition of membership. Whether or not you provide financial support does not affect your eligibility, the approval of your request, your access, your membership status, or the continuation of your membership, and such financial support does not purchase greater access, privileges, or standing in the community. Ending financial support does not affect your membership.
Financial support may be made as a one-time contribution or on a recurring basis through automatic payments.
BY MAKING A RECURRING FINANCIAL CONTRIBUTION THROUGH AUTOMATIC PAYMENTS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE MAKING AUTOMATIC RECURRING PAYMENTS AND THAT WE (OR OUR PAYMENT PROCESSOR (CURRENTLY STRIPE, INC.), AS APPLICABLE) ARE AUTHORIZED TO CHARGE YOU FOR YOUR RECURRING FINANCIAL CONTRIBUTION UNTIL SUCH TIME YOU NOTIFY US THAT YOU WISH TO TERMINATE SUCH AUTOMATIC PAYMENTS. AT ANY TIME, IF YOU DO NOT WISH TO MAKE RECURRING FINANCIAL CONTRIBUTIONS THROUGH AUTOMATIC PAYMENTS OR IF YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU CAN EMAIL support@joincircled.com. EXCEPT AS OTHERWISE STATED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, AUTOMATIC PAYMENTS FOR RECURRING FINANCIAL CONTRIBUTIONS ARE NONREFUNDABLE. You will not receive a refund. We reserve the right to issue refunds or credits at our sole and absolute discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Where you make a payment to Circled, such as for a Retreat ticket or another paid product, it is processed by our third-party payment processor, currently Stripe, Inc., either directly or through our community platform, Mighty Networks. Retreat tickets and other paid products are subject to the specific refund policy communicated at the time of purchase. Circled LLC does not store your payment card information, and payment card information for any automatic payments is stored with Stripe, Inc.
13. Termination
We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for conduct that we believe violates these Terms, the Circle Code, or is harmful to other members, Circled, or third parties. This includes the right to delete or hide any post, comment, image, or other content, and to remove a member from the community entirely, where we find the content or conduct offensive, harmful, or in violation of the community standards in section 9. Suspending or terminating a member's access does not by itself delete her account on our community platform or the content she has contributed, which may remain on the Platform as described in our Privacy Policy.
14. Governing Law and Dispute Resolution
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the internal laws of the State of Delaware, USA, without regard to any choice or conflict of law principles, provisions or rules (whether of the State of Delaware or any other jurisdiction). For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and/or your use of the Platform resides in the courts located in Wilmington, Delaware, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If you are a user based in the European Union or the United Kingdom, Section 14.10 below sets out the governing law and jurisdiction protections that apply to you, including your right to bring proceedings in the courts of your place of domicile and to invoke certain local laws against Circled.
If you are a resident of the United States, please read the following paragraphs (the “Arbitration Agreement”) carefully:
14.1 You agree that any dispute, controversy or claim, whether based on past, present, or future events, arising out of your use of the Platform, including any Dispute arising out of or relating to your relationship to Circled as a user or to these Terms, whether based in contract, tort, statute, fraud, misrepresentation, regulation, or any other legal or equitable theory (collectively, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that any Dispute brought by either you or Circled that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement.
14.2 You agree that only an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any Dispute arising out of or relating to the interpretation, applicability, or enforceability of this Arbitration Agreement. This includes any claim that all or any part of the arbitration provisions herein are void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues related to whether this Arbitration Agreement is applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all Disputes arising out of or relating to the class action waiver and mass arbitration waiver set forth in this Arbitration Agreement, including, but not limited to, any claim that all or part of the waivers are unenforceable, unconscionable, illegal, void, or voidable.
14.3 In the event of a Dispute, and prior to initiating arbitration for any such Dispute, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Dispute Notice”). To provide a Dispute Notice to Circled, write to Circled LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, Attn: Support Department, or support@joincircled.com. Any Dispute Notice sent to you will be sent by certified mail to the most recent address Circled has on file or via email if we do not have any such address. The Dispute Notice may only be sent relating to you or Circled claims, and cannot be combined with others.
Within sixty (60) calendar days upon either party receiving the Dispute Notice, the parties shall engage in a good faith informal dispute resolution conference, whether by phone, e-mail, or other channel as agreed between the parties. You and Circled will work in good faith to schedule the informal dispute resolution conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in said discussions. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Compliance with the Dispute Notice and the informal dispute resolution conference shall both be a condition precedent to initiating arbitration. This section does not apply to any Dispute involving intellectual property.
14.4 If you and Circled do not resolve the Dispute by informal negotiation, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. Arbitration shall be filed with and administered by the American Arbitration Association (“AAA”), pursuant to the most-current AAA Commercial Arbitration Rules and the Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available online at www.adr.org. The demand for arbitration must be personally signed by the party initiating arbitration and must certify compliance that: (1) the party has complied with the Dispute Notice and informal pre-dispute resolution process set forth herein; and (2) the requirements of claim or relief sought is neither frivolous nor brought for an improper purpose. There is no judge or jury in arbitration, and court review of an arbitration award is limited. If AAA at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in these Terms; provided, however, that in no event may such Minimum Standards contravene or restrict the application of the provisions herein requiring individual arbitration and prohibiting class, representative or consolidated arbitration proceedings (except as to public injunctive relief if you are a resident of California or California law otherwise applies to these Terms). Unless the parties agree otherwise in writing, any arbitration hearings will take place virtually. One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the internet industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of the parties, or if the parties are unable to mutually approve the arbitrator, by the AAA. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11(b) or applicable federal or state law against all appropriate persons (including counsel), just as a court would. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. Regardless of the manner in which the arbitration is conducted, in any arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Unless otherwise provided herein, the AAA Rules will govern the payment of all arbitration fees. The arbitrator may make any determinations and resolve any Disputes as to the payment and reimbursement of arbitration fees at any time during the proceeding and within fourteen (14) days after the arbitrator’s final ruling on the merits.
Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any discussions or mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy in support of arbitration, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
Disputes may also be referred to another arbitration organization if you and Circled agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We may make changes to these arbitration provisions from time to time. You may reject any material changes by sending us written objection within thirty (30) days of the change to Circled LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, Attn: Support Department, or support@joincircled.com. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of these provisions prior to such change. If you do not send written objection to any change as provided above, you are agreeing to arbitration in accordance with the changed language of these provisions. To the extent that an arbitrator determines that applying any changes to these arbitration provisions to any Disputes relating to prior events or circumstances would render this an illusory or unenforceable contract or otherwise violate your legal rights, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the effective date of such changes, and in that case any Disputes relating to such prior events or circumstances shall be arbitrated in accordance with the language of these provisions prior to such changes to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
14.5 YOU AND CIRCLED AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, WHETHER IN COURT OR IN ARBITRATION. This means that by entering into these Terms, independent of the agreement to arbitrate and waiver of class arbitration, you are giving up the ability to participate in or bring a class action in court for any and all claims. If a court of competent jurisdiction determines that all or part of this waiver is unenforceable, unconscionable, void or voidable, the remainder of these Terms shall remain in full force and effect.
14.6 If these arbitration provisions are found to be null and void, then all Disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Wilmington, Delaware, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Circled agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Circled waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Circled may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This Arbitration Agreement will not preclude you or Circled from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this Arbitration Agreement will not preclude you or Circled from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Circled’s intellectual property rights; or (iii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court.
14.7 For purposes of this section, a “Mass Arbitration Filing” includes instances in which you or Circled are represented by a law firm or collection of law firms that has filed ten (10) or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Circled’s behalf, and the law firm or collection of law firms seek to simultaneously arbitrate all arbitration demands in the aggregate.
You and Circled expressly waive the right to have any dispute, claims or controversy brought, heard, administered, resolved, or arbitrated as a Mass Arbitration Filing, as defined above. Neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Arbitration Filing.
If this Mass Arbitration Filing is deemed invalid or unenforceable, neither you nor Circled is entitled to arbitration; instead all Disputes will be resolved as noted in Section 14.8 and subject to Section 14.5.
14.8 If and only if a court finds that Section 14.7 is unenforceable, and a Mass Arbitration Filing is permitted to proceed, the parties agree that Mass Arbitration Filings will be batched into groups of no more than ten (10) demands per batch by state of residence (with any remaining demands batched into a single group).
The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with Circled and the arbitration provider to implement such a batch approach to resolution and fees.
Any relevant limitations period and filing fee or other deadlines shall be tolled subject to these batching procedures for Mass Arbitration Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
A court of competent jurisdiction shall have the authority to enforce these batching procedures and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment and collection of arbitration fees. If these batching procedures apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms.
14.9 Thirty-Day Right to Opt Out: You have the right to opt out from the final, binding individual arbitration procedure specified in this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Circled LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, Attn: Support Department, or support@joincircled.com. The notice must be sent within 30 calendar days of your initial agreement to these Terms; otherwise, you shall be bound to arbitrate disputes according to these Terms. The opt-out notice must specify: (1) your name; (2) your mailing address; (3) your email address you used to set up your Circled account (if you have one); and (4) your request to be excluded from the final, binding individual arbitration specified in this Section. If you opt out of these arbitration provisions, Circled also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Circled may terminate your use of the Platform. Opting out of this Arbitration Agreement has no effect on any other Arbitration Agreements you may currently have or enter into in the future with Circled. This opt out does not apply to the class action waiver in Section 14.5.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This one-year limitation does not apply to residents of the European Union or the United Kingdom, whose rights are set out in Section 14.10.
If you are a resident of the European Union or UK:
14.10 Other than as set out in these Terms, we do not participate in any ADR scheme.
In addition, nothing in these Terms limits your rights to bring an action against Circled in the local courts of your place of domicile. All disputes arising under the Terms between you and Circled will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile and you and we hereby submit to the personal jurisdiction and venue of these courts.
15. Email and text communications
You agree that all communications related to your use of the Platform will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from Circled to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the Platform.
When you use the Platform or send communications to us via the Platform, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Platform. You agree that all agreements, notices, disclosures, and other communications that Circled provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from Circled to you will be deemed delivered and effective when sent to the e-mail address you provide to us.
16. International Disclaimer
If you are not a United States resident and accessing the Platform from outside the United States, the following provisions apply: (i) you consent to the transfer, storage, and processing of your information, including but not limited to user-generated content and any personal data, to and in the United States and/or other countries; (ii) you are not authorized to access or make use of the Platform from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals”; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Platform. The Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which would subject Circled or its affiliates to any registration requirement within such jurisdiction or location.
17. Miscellaneous
If you do not comply with these Terms, and we don’t take enforcement action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking enforcement action in the future).
If it turns out that a particular provision in these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Headers are for convenience and do not affect the interpretation of these Terms. These Terms constitute the entire agreement between you and Circled relating to the use of the Platform and supersedes and replaces any prior agreement and communication between the parties.
California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
The Terms and Privacy Policy constitute the sole and entire agreement between you and Circled regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
18. Contact
If you have any feedback, questions or comments about the Platform, please contact our Support Team at Circled LLC · support@joincircled.com · joincircled.com, or direct your communication to us by mail at: Circled LLC, 30 N Gould St Ste N, Sheridan WY 82801, USA.
