Thank you for visiting CircleRed.com (the “Website”), operated by Circle Red LLC (“Circle Red,” “Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) apply to all visitors, customers, and other users of the Website.
1. Acceptance of Terms: By accessing or using this website, purchasing products from us, or using any services provided through this Website, you agree to be bound by these Terms, together with our Privacy Policy, Payment Policy, Shipping Policy, and Returns & Refunds Policy.
If you do not agree to these Terms, please do not access or use this Website.
2. Eligibility: You must be at least 18 years of age, or the age of majority in your jurisdiction, to place an order or enter into a purchase transaction through our website.
Although we sell products that may be intended for minors, all purchases and transactions must be made by an adult who is legally authorized to enter into the transaction.
3. Account Security: An account is not required to browse our website or place an order.
If you choose to register for an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You agree to provide accurate and current information and to promptly notify us if you believe your account or credentials have been compromised.
We reserve the right to suspend or terminate an account, or restrict access to our website, if we reasonably believe the account has been used in violation of these Terms, applicable law, or our policies.
4. Product Descriptions, Pricing & Availability: We make reasonable efforts to ensure that product descriptions, images, specifications, prices, and other information displayed on our website are accurate and current. However, errors, inaccuracies, or omissions may occasionally occur.
We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information on our website at any time without prior notice.
If an order is placed based on an error in product information, description, availability, or pricing, we reserve the right to cancel or modify the order.
Product availability is subject to change without notice.
5. Limiting Purchases and Order Cancellations: We reserve the right to limit order quantities. We also reserve the right to cancel any order due to suspected fraud, or inaccuracies in product or pricing information.
6. Exclusive Products: We may offer products that are exclusive to our store or otherwise subject to specific distribution arrangements.
We are not responsible for the pricing, representations, warranties, or other terms offered by independent third-party resellers who are not authorized by us. Prices charged by independent resellers may differ from our prices.
Unauthorized resale or distribution of our exclusive products does not create any additional warranty, representation, or obligation on the part of Circle Red.
7. Promotional and Free Products: We may provide products or promotional items at no charge as part of a promotion, offer, giveaway, or other marketing program.
Unless otherwise stated in the applicable promotion, promotional products provided at no charge are not eligible for return, refund, credit, or exchange.
You are responsible for using promotional products in accordance with any instructions, warnings, or applicable manufacturer recommendations.
To the maximum extent permitted by law, Circle Red is not responsible for loss, injury, claims, liabilities, or damages resulting from the misuse, modification, or improper use of a promotional product.
Nothing in these Terms of Use excludes or limits any liability that cannot legally be excluded or limited under applicable law.
8. Pricing and Price Match: All prices displayed on our website are subject to change without notice.
Unless otherwise expressly stated, Circle Red does not offer price matching with other stores, websites, marketplaces, or resellers.
A price change after an order has been placed does not create an obligation for Circle Red to refund the difference, unless required by applicable law or otherwise stated in a promotion or written agreement.
9. Risk of Loss: All items purchased from CircleRed.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
10. Intellectual Property: The content of this website, including but not limited to text, graphics, logos, photographs, product images, illustrations, designs, page layouts, and other materials, is owned by or licensed to Circle Red and is protected by applicable copyright, trademark, and other intellectual property laws.
Except as expressly permitted by Circle Red in writing or as otherwise permitted by applicable law, no portion of this website or its content may be copied, reproduced, republished, distributed, modified, transmitted, displayed, or otherwise used for commercial purposes without prior written permission from Circle Red.
- Copyright:
- Product images and text displayed on our website may be subject to copyright or other intellectual property rights and are not provided for unrestricted public or commercial use.
- You may not copy, reproduce, download, modify, republish, distribute, or use our original text, photographs, graphics, or other proprietary images on another website, marketplace, social media account, advertisement, catalog, or other commercial platform without our prior written authorization.
- Commercial or other authorized use of Circle Red owned copyrighted materials may require a separate license or written permission. Please contact us regarding licensing or authorized use.
- Trademarks: Circle Red, Get in the Circle, and 100% Authentic Awesomeness are registered trademark owned by Circle Red LLC, where applicable. All rights reserved. Other trademarks, trade names, logos, characters, brands, and intellectual property appearing on this website are the property of their respective owners. Nothing on this website grants you any right or license to use third-party trademarks or intellectual property without authorization from the applicable owner.
- Intellectual Property Complaints: If you are an intellectual property rights owner and believe that a product, image, listing, or other material offered or displayed on this website infringes your intellectual property rights, please contact us with sufficient information to identify the alleged infringement. We will review legitimate claims and, where appropriate, take action consistent with applicable law.
- Circle Red reserves all rights not expressly granted under these Terms of Use.
11. Acceptable Use: You agree not to use this website or its content for any unlawful purpose; to commit fraud or facilitate fraudulent activity; to interfere with the operation or security of the website; to attempt to gain unauthorized access to accounts, systems, or data; to copy or reproduce website content or images without authorization; to use automated systems to scrape, harvest, or collect website content without our prior written permission; or in any manner that violates these Terms or applicable law.
12. User-Generated Content Standards: Any review, comment, photo, or other content you submit must be truthful, accurate, and based on your genuine personal experience as a customer. Content must not contain profanity, hate speech, threats, harassment, defamatory statements, or person’s private, confidential, or personally identifiable information without authorization.
- Prohibited Activities & Commercial Misuse: You may not use our review sections to post spam, unsolicited advertising, or commercial solicitations. Competitors and third-party resellers are strictly prohibited from using our review platform to post false reviews, manipulate ratings, or divert traffic to external marketplaces or competing stores.
- Moderation and Removal of User Content: Circle Red reserves the right, but does not assume an obligation, to review, monitor, edit, refuse to publish, restrict, or remove User Content at our discretion. We may take such action with or without prior notice. We are not obligated to monitor User Content or to ensure that all User Content is accurate, complete, or reliable.
- License to User Content: By submitting reviews or content to our website you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content across our website and marketing channels.
13. Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ITS CONTENT, INCLUDING PRODUCT INFORMATION, IMAGES, AND OTHER MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CIRCLE RED MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR ITS CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE EXCLUDED.
YOU ASSUME TOTAL RESPONSIBILITY FOR USING THIS SITE AND YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN SOLE RISK.
14. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRCLE RED AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THIS WEBSITE, YOUR INABILITY TO ACCESS OR USE THE WEBSITE, OR YOUR USE OF INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRCLE RED’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY PRODUCT PURCHASED THROUGH THE WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID TO CIRCLE RED FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Governing Law: These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California.
13. Changes to These Terms: We reserve the right to modify or update these Terms at any time.
When changes are made, the updated Terms will be posted on this website with a revised effective date. Your continued use of the website after the updated Terms are posted constitutes your acceptance of the revised terms, to the extent permitted by applicable law.
We encourage you to review these Terms periodically.
14. Severability: If any provision of these Terms of Use is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
15. Contact Us: If you have questions regarding these Terms of Use, our products, intellectual property, or other matters concerning this website, please contact us through the contact information provided on our website.