Welcome and thank you for using Sirkle™ and/or other Sirkle™ services and applications (“Apps”). When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement, terms and conditions below. You will be referred to throughout as “you” or the “user.” Sirkle™ will be referred to as “Sirkle™”, “Us”, “We”, etc.
Sirkle is a social network and on-line platform for individuals, professionals, sole proprietors, and small businesses. Sirkle™ is a division of Healthy Media, Inc., a California corporation.
Sirkle was born out of the need for an agency serving small businesses and sole proprietors, completely independent from the advertising sales process. We are not affiliated with any other on-line sales and marketing, allowing us to be truly objective in our approach to measurement and analysis of small business industries. Sirkle’s platform and related services are often referred to through this User Agreement as “Services” or “Products.”
Using Sirkle, you build your own exclusive network where you'll receive and share promotions from your favorite small businesses. Within Sirkle, you interact with small businesses, usually local, who could also be your friends, family, or fellow business owners in your community. Sirkle provides you, as an individual, incentives to grow your network by putting your favorite small business owners in your “Sirkle.” When your referred business is part of your Sirkle, depending on its industry, you will be awarded an incentive. When you become a member of Sirkle and create a Community, you will drive traffic to grow and support your friends' and family's business by sharing their promotions within your own Sirkle. This Sirkle design encourages users to support local businesses. This results in a stronger sense of community. Individuals can refer any type of business to register on Sirkle. You will create value by “Sirkling” an exclusive network of businesses built on trust and business satisfaction, and be rewarded for doing it!
When you use our Services, you are entering into a legal agreement and you agree to all of the terms outlined in this User Agreement.
You agree that by clicking “Register”, “Join Sirkle”, “Sign Up”, “Login” or anything similar, you are registering, accessing or using our services, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, you are entering into a legally binding agreement (even if you are using our services on behalf of a company).
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
2.1. Service Eligibility
Here are some legally binding promises that you make to us in this Agreement and through the use of our services and products:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the services, you agree that: (1) you are the “Minimum Age” (defined below) or older; (2) you will only have one Sirkle account, which must be in your real and legal name; and (3) you are not already restricted by Sirkle from using the services.
“Minimum Age” means 13 years old. However, if law requires that you must be older in order for Sirkle to lawfully provide the services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13. For paid services, when using credit card services, you must be a minimum of 18 years.
2.2. Regarding Your Membership
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts outlined below. You are responsible for anything that happens through your account unless you close it or report misuse.
2.4. Notices and Service Messages
You agree that we will use our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide is not up to date, you may miss out on these notices.
You agree that we may provide notices to you in an email sent to an address you provided during registration, or through other means including mobile number, or telephone. You agree to keep your email and/or contact information up to date.
2.5. Messages and Sharing
When you share information on any of our products’ platforms, others may see, copy, and use that information. Our services allow messaging and sharing of information. Information and content that you share or post may be seen by other individuals, businesses or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as sending messages, are by default private, are only visible to the addressee(s).
We are not obligated to publish any information or content on our service and can remove it in our sole discretion, with or without notice. You are obligated to follow state or federal laws when sharing information including copyrights, trademarks, or intellectual property, etc. with friends or businesses and you take full responsibilities when sharing such information.
3.1. Your License to Sirkle
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use it.
You promise to only provide information and content that you have the right to share, and that your Sirkle page will contain only information that is truthful.
As between you and Sirkle, you own the content and information that you submit or post on Sirkle, but you are granting Sirkle the rights to use, copy, modify, distribute, publish, and process, information and content that you provide through Sirkle, without any further consent, notice and/or compensation to you or others.
By submitting suggestions or other feedback regarding our Services to Sirkle, you agree that Sirkle can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Sirkle may be required by law to remove certain information or content in certain cases.
3.2. Service Availability
We may change or discontinue any of our services. We cannot promise to store or keep showing any information and content you have posted through the use of our products or services. Sirkle is not under any obligations to you to preserve, store, restore, or recovery your information or your profile. You agree that you will not be compensated due to data loss and Sirkle is not liable to recover data. Data may include, but not limited to, information you have provided to Sirkle such as posts, images, videos, photos, logos, or any other data stored by Sirkle.
We may change, suspend or end any service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
Sirkle is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.3. Other Content, Sites and Apps
When you see, or use others' content and information posted on Sirkle, it's at your own risk.
Third parties may offer their own products and services through Sirkle, and we aren't responsible for those third-party activities, services, products, promotions, and methods of practices.
By using the services and products, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.
Sirkle generally does not review content provided by our Individuals or businesses. You agree that we are not responsible for contents posted by individuals or businesses or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access Sirkle using a third-party account such as Facebook©, Instagram©, etc. Sirkle does not post or access your third-party apps or information unless you decide to do so. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Sirkle is not responsible for these other sites and apps – which you are using at your own risk.
We have the right to limit how you connect and interact with our services and products.
We're providing you notice about our intellectual property rights.
Sirkle reserves the right to limit your use of its services and products, including the number of your connections and your ability to contact other Individuals or businesses. Sirkle reserves the right to restrict, suspend, or terminate your account if Sirkle believes that you may be in breach of this agreement or law or are misusing Sirkle’s services (e.g. violating any Do and Don'ts).
Sirkle reserves all of its intellectual property rights in its services. For example, Sirkle trademarks, service marks, graphics, and logos used in connection with Sirkle are trademarks or registered trademarks of Sirkle, which is a division of Healthy Media, Inc. Other trademarks and logos used in connection with Sirkle’s services may be the trademarks of their respective owners.
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, SIRKLE (AND THOSE THAT SIRKLE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS SIRKLE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), SIRKLE (AND THOSE THAT SIRKLE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF SIRKLE (AND THOSE THAT SIRKLE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SIRKLE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SIRKLE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime and without any prior notice, authorization, or notification to you.
Sirkle or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use Sirkle. You may contact us to close your Sirkle account permanently.
In the unlikely event, we end up in a legal dispute, it will take place in California courts, applying California law.
You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement. We both agree that all of these claims can only be litigated in the federal or state courts of Orange County, California, USA, and we each agree to personal jurisdiction in those courts. If you do not agree to this clause you are asked NOT to use Sirkle or its services. If you DO use Sirkle or its Services or Products, you agree to this clause.
Here are some important details about how to read the Agreement.
If a court with authority over this User Agreement finds any part of it not enforceable, you and Sirkle agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this User Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the services and related products and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Sirkle has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of services) to anyone without our consent. However, you agree that Sirkle may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using Sirkle and its services and products.
Sirkle offers a 30-day money back guarantee. Our services are offered on a month-to-month basis and without any contract. You have the option to downgrade from a premium service (paid) to a basic service (free) at any time without penalty. However, your monthly payments will NOT be prorated, that is, you will not receive a refund. For example, if you sign up on July 1st and cancel on August 2nd, your payment will not be prorated so you will be charged for two full months. You understand and agree that if you downgrade your premium account to a free account, you will lose all your friends in your Sirkle with no recovery option.
Online payments are accepted using major credit cards such as Visa, Master Card, and American Express. Premiums will be charged monthly and will be processed by our merchant processing center Elavon, a U.S. Bancorp company®. You may securely download, print, or save your invoices from the billing page in your account.
Sirkle has used its best efforts to deploy a secure website with 2048-bit secure Socket Layer (SSL) and enforced complex password security. Transactions, registrations, and all other credit card processing are encrypted between the client and the server. However, you must recognize that no transactions are 100% secure and no systems are hack-proof. Sirkle makes no warranty, express or implied, that the technology today is risk-free, and therefore, Sirkle shall not be liable for any consequential damages caused by any security breach that may be out of our control.
10.1. Dos. You agree that you will:
10.2. Don'ts. You agree that you will not:
We respect the intellectual property rights of others. We require that information posted by Individuals and Businesses be accurate and not in violation of the intellectual property rights or other rights of third parties.
If you want to send us notices or service of process, please contact us:
ONLINE at: www.sirkle.com
OR BY MAIL at:
A division of
Healthy Media, Inc.
PO Box 16864
Irvine, CA 92623
Privacy or share of information:
What Sirkle does NOT share:
Personal information provided by businesses or representative of those businesses, such as first name, last name, email address. However, Sirkle as part of its Services may allow individuals to search businesses based on owners’ first or last names without displaying or disclosing the names.
Credit card information and billing information associated with the credit card.
Personal phone numbers and personal email address.
Sirkle does not use personal information for any advertisements or any other services for financial reasons, however, Sirkle may use that information for news, updates, changes to the services, notifications, or updates to this User Agreement or other documents related to the services. If the particular news item, update, change, or notification has an option for you to opt out, you can opt out by updating user profile preferences or simply by deleting your account.
What Sirkle DOES share:
Sirkle may use all other information not stated above only to expand its services or add additional features. Such features may include, but are not limited to, expanding business networks, user groups, survey results, site traffic monitoring, and statistics. The information shared may include geographic, demographic, psychographic, and behavior information.
Sirkle is not responsible for any information that is uploaded, copied, used, downloaded, or shared by members or businesses and/or shared amongst businesses or members.
Privacy: We do not sell user information such as names, email address, or phone numbers. However, we may collect user location and we may drop cookies on user’s systems to keep sessions persistent.
Should our policies change at any time you will be notified by email that you provide to us during your registration. You will have options to opt-out if necessary.
Businesses are responsible for all postings and all postings shall abide by the following rules and guidelines: