Terms of Use

By accessing and browsing this web site or any web site owned by Circo Enterprises, L.L.C. (collectively, the “Site”), you accept the Terms of Use set forth below. If you do not accept each of the Terms of Use, please exit the Site.


1. Acceptance of Terms of Use. Circo Enterprises, L.L.C. (“Circo Enterprises”) provides you with access to and use of the Site subject to all applicable laws and regulations and these Terms of Use. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Use, as well as any other law or regulation that applies to the Site, the Internet, or the Worldwide Web. If you do not accept each of these Terms of Use, please exit the Site. Circo Enterprises may at any time, in its sole discretion and without notice to you, modify these Terms of Use or the Privacy Policy. You are bound by any such revisions when you access and use the Site after such revisions are posted on the Site.

2. Privacy. Use of the Site also is subject to the Circo Enterprises Privacy Policy, which is incorporated in these Terms of Use by reference.

3. Ownership of Content and Other Intellectual Property. Most of the content and other materials on the Site, including, but not limited to, all text, audio, video and other materials (collectively, the “Content”), are owned and copyrighted by Circo Enterprises or its information providers with all rights reserved. Some service marks, trademarks, trade names, logos, and slogans that appear on the Site are the trademarks and service marks of Circo Enterprises, and some service marks, trademarks, trade names, logos and slogans are owned by third parties and are for informational purposes only (collectively, the “Marks”). No license to use such Marks is granted to you.

In its sole discretion, Circo Enterprises and/or its information providers may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

4. User Conduct. Circo Enterprises grants you permission to use the Site and download Content for informational, noncommercial purposes only, provided, however, that you retain all copyright and other proprietary notices contained on the Content, do not copy (except as set forth above), reproduce, publish, modify, transmit, distribute, perform, display, create derivative works from or sell any of the Content that appears on the Site without the express written permission of Circo Enterprises or its information providers.

You may not post on this Site, or otherwise distribute or reproduce in any way any copyrighted material, trademarks, service marks, or other proprietary information of others without obtaining the prior written consent of the owner of such material.

5. Links to Third Party Sites. The Site may contain links to other sites, and Circo Enterprises makes every effort to provide links only to sites that share its high standards and respect for privacy. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Circo Enterprises of any products, services, advice or information available from such sites. Circo Enterprises does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites, and you hereby release Circo Enterprises and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Circo Enterprises.

6. Exclusion of Liability. YOU USE THE SITE AT YOUR OWN RISK. NEITHER CIRCO ENTERPRISES NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST OR UNAVAILABLE NETWORK CONNECTIONS, INTERRUPTION, DEFECT, HACKING OR VIOLATION OF THE SITE BY ANY THIRD PARTY, OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES.

CIRCO ENTERPRISES IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT IN THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, CIRCO ENTERPRISES IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CIRCO ENTERPRISES’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTIONS OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.

7. Disclaimer. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND CIRCO ENTERPRISES DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

• THE CONTENT IS ERROR-FREE, ACCURATE AND COMPLETE
• FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
• NON-INFRINGEMENT OF PROPRIETARY RIGHTS

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW CIRCO ENTERPRISES TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

8. EXPORT CONTROL. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Circo Enterprises does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.

9. Cautionary Language Regarding Forward Looking Information. The Site may contain statements, estimates or projections that constitute, “forward-looking statements” as defined under U.S. federal securities laws. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Circo Enterprises undertakes no obligation to publicly update or revise any forward-looking statements.

10. Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Circo Enterprises on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. Circo Enterprises may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

11. Miscellaneous. These Terms of Use and your use of the Site is governed by the laws of the State of Nebraska, without regard to its choice of law principles. These Terms of Use constitute the entire agreement between Circo Enterprises and you regarding your use of the Site. The failure of Circo Enterprises to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of any such right or provision. If any provision in these Terms of Use is found by a court of competent jurisdiction to be invalid then such provision will be eliminated from these Terms of Use and the surviving terms will remain in full force and effect.