Updated: October 7, 2019
This Document States The Terms Upon Which The Services (As Defined Below) Offered By Circuithub Are Provided To Individuals Or Entities Who Use Or Seek To Use The Services. Use Of The Services Constitutes Acceptance Of All Of The Terms, Conditions, And Notices Contained Herein.
1.1 By using the products, software, services and web sites (referred to collectively as the “Services” in this document)) provided by or through CircuitHub, Inc., a Delaware corporation (“CircuitHub”), you are entering into a legal agreement between you and CircuitHub. This document explains how the agreement is made up and sets out some of the terms of that agreement. It is important that you take the time to read this document carefully. CircuitHub maintains its principal place of business is at 14 Industrial Drive East, South Deerfield, MA 01373, United States.
1.2 Unless otherwise agreed in writing with CircuitHub, your agreement with CircuitHub will always include the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with CircuitHub may also include other terms that may be applicable to your use of the Services or a particular part of the Services, in addition to the Universal Terms. All of such legal notices are referred to below as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. You should read any applicable Additional Terms before you use the Service to which they relate. Collectively, these Universal Terms and the Additional Terms are referred to below as the “Terms.”
1.4 In order for a natural born person to be eligible to become a user of the Services (an “Individual User ”), he or she must, at a minimum, meet the following criteria (the “Criteria”), and you represent and warrant that you:
If you do not meet, and/or are unable or unwilling to represent and warrant to CircuitHub that you meet, all of the Criteria, you are not eligible to become an Individual User, cannot agree to the Terms and are not permitted to access, view, download or otherwise use any Content (as defined below) or Services.
1.5 If you are using the Services on behalf or at the direction of a corporation, limited liability company, partnership, trust or other legal entity (an “Entity”), regardless of whether such entity may have a separate agreement with us, you are nevertheless individually bound by these Terms.
1.6 If you create an Account for use of the Services on behalf of an Entity (an “Entity User,” and collectively with Individual Users, “Users”), you represent and warrant that: (i) you have full legal right and authority to bind such Entity to all of the Terms; (ii) you have read and understand the Terms; (iii) you agree, on behalf of such Entity, to abide, and be bound, by the Terms. If you do not have the legal right and authority to bind such Entity, do not create an Account in such Entity’s name. “Account” means, with respect to any User, the account (identified by a username) that such User forms with CircuitHub and pursuant to which CircuitHub provides, and User uses, any of the Content or Services.
1.7 Notwithstanding any other provision of the Terms or any other agreement between you and CircuitHub, you agree:
1.8 You agree that, as between you and CircuitHub, CircuitHub is a service provider only. CircuitHub explicitly disclaims any implication (from the Terms or otherwise) that you and CircuitHub are partners, joint venturers or have an agency relationship of any kind whatsoever.
1.9 If, with respect to any of the Services, there is a conflict between, on the one hand, any provision(s) of any applicable Additional Terms and, on the other hand, any provision(s) of these Universal Terms, then the Additional Terms shall take precedence in relation to that Service.
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
2.3 You understand that in providing you the Services, CircuitHub is relying on your agreement to the Terms and their being effective. You acknowledge that but for your agreement to the Terms, CircuitHub would not provide you with the Services.
2.4 Before you continue, you should print a hard copy and/or save to your computing device a copy of these Universal Terms any applicable Additional Terms for your records.
3.1 CircuitHub may provide the Services through subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”) and/or third party licensees and vendors (“Third Party Service Providers”) located around the world. You acknowledge and agree that CircuitHub is entitled to engage or otherwise cause or allow Subsidiaries and Affiliates and/or Third Party Service Providers to provide all or any portion of the Services to you.
3.2 CircuitHub is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which CircuitHub provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that CircuitHub may stop (permanently or temporarily) providing the Services (or any features within the Services) to you, or to Users generally, at CircuitHub’s sole discretion, without prior notice to you. In addition, from time to time, CircuitHub may promote or advertise new features and/or Services that are not yet available, but that CircuitHub anticipates it will make available to its users in a timely fashion. Notwithstanding the foregoing, there can be no assurance that any particular Service, whether or not identified or otherwise advertised on or in connection with circuithub.com, is, will be or will remain available for use by you or any other User.
3.4 You may stop using the Services at any time. You do not need to specifically inform CircuitHub when you stop using the Services.
3.5 You acknowledge and agree that if CircuitHub disables access to your Account and/or any of the Services, you may be prevented from accessing some or all of the Services, your Account details or any files or other content that is contained in your Account. In the event that CircuitHub disables your account, your access to files or other content contained in your Account will be subject to the terms specified in Section 13, below.
3.6 You acknowledge and understand that CircuitHub provides a limited amount of storage space to users of the Services on an unpaid basis and that CircuitHub may increase or decrease that limit in its sole and absolute discretion, with or without notice to you. You further acknowledge and understand that CircuitHub’s currently fixed upper limit (if any) on the amount of data you may send or receive within or through the Services may be otherwise fixed, increased, decreased and/or eliminated by CircuitHub in its sole and absolute discretion, with or without notice to you.
Customers may access their CircuitHub account data via an API (Application Program Interface). Abuse or excessively frequent requests to CircuitHub via the API may result in the temporary or permanent suspension of your account's access to the API. CircuitHub, in its sole discretion, will determine abuse or excessive usage of the API. CircuitHub will make a reasonable attempt via email to warn the account owner prior to suspension.
CircuitHub reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
5.1 All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
5.2 An upgrade from the free plan to any paying plan will immediately bill you.
5.3 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5.4 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5.5 For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5.6 Downgrading your Service may cause the loss of Content, features, or capacity of your Account. CircuitHub does not accept any liability for such loss.
6.1 Use of the Services requires that each user create and maintain a profile (a “Profile”) inclusive of the user’s current, accurate identification, contact, and other information that CircuitHub considers necessary to maintain an appropriate experience for all Users. Entity Users must provide additional information, and must designate at least one individual user to manage and control the Profile of such Entity User. You agree that any registration information you give to CircuitHub will always be accurate, correct and up to date.
6.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, without limitation, any laws regarding the export of data or software to and from the United States or other relevant countries and the Electronic Stored Communications Act of 1986, in each case as may be amended from time to time, and any regulations issued thereunder).
6.3 You agree not to access (or attempt to access) any of the Services through any automated means such as web scrapers or any other data mining techniques or technology used to monitor and/or copy any of the web pages, data or content found on the CircuitHub site.
6.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6.5 You agree that you are solely responsible for (and that CircuitHub has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CircuitHub may suffer) of any such breach.
6.6 You agree that you shall not use the Services in such a way as to violate any contractual or other obligation that you have to any third-party, including specifically, but without limitation, pursuant to any common or statutory law or administrative rule applicable to you, or any confidentiality or non-disclosure agreement, non-competition or non-circumvention agreement, non-solicitation agreement, employment agreement, personal services or independent contractor agreement or agreement for the creation, transfer or restricted use of intellectual property.
6.7 Without limiting any of the preceding provisions of this Section 6 of these Universal Terms, you agree that you will use the Services only in accordance with CircuitHub’s Acceptable Use Policy.
7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any Account you may use to access the Services. You further agree that you will use best practices such as using a unique password and other identity confirmation information, as requested by CircuitHub, for this site.
7.2 Accordingly, you agree that you will be solely responsible to CircuitHub for all activities that occur under your Account.
7.3 If you become aware of any unauthorized use of your password or of your Account, you agree to immediately notify CircuitHub.
7.4 CircuitHub’s facilities for storage and processing of Content will adhere to reasonable security standards no less protective than the security standards at facilities where CircuitHub stores and processes its own information of a similar type. CircuitHub has implemented at least industry standard systems and procedures to ensure the security and confidentiality of Content, protect against anticipated threats or hazards to the security or integrity of Content, and protect against unauthorized access to or use of Content. As part of providing the Services, CircuitHub may ordinarily transfer, store and process Content in the United States or any other country in which CircuitHub or its agents maintain facilities. Unless otherwise agreed, by using the Services, User consents to this transfer, processing and storage of Content.
8.1 For information about CircuitHub’s data protection practices, please read CircuitHub’s privacy policy (the “Privacy Policy”). This policy explains how CircuitHub treats your personal information, and protects your privacy when you use the Services.
8.2 You agree to the collection and use of your data in accordance with the Privacy Policy.
8.3 You agree to comply with any applicable data usage and privacy policies implemented by any entity by which you are employed or for whom you perform services on a contract basis.
9.1 You understand that all information (such as data files, written text, computer software, audio files or other sounds, illustrations, designs, photographs, videos or other images) to which you may have access as part of, or through your use of, the Services are the sole responsibility of the User who makes such information available. All such information is “Content.”
9.2 The display of circuit, component and part designs and schematics (“Design Content”) on circuithub.com, will include
CircuitHub reserves and you acknowledge and agree that CircuitHub has, the right to remove or modify any comments that CircuitHub, in its sole and absolute discretion, deems inappropriate for any reason whatsoever.
9.3 You should be aware that sponsored Content and Content presented to you as part of advertisements (“Commercial Content”) by CircuitHub, if any, may be protected by intellectual property rights which are owned by the sponsors, advertisers or other persons or companies who provide that Content to CircuitHub (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have received express written permission to do so from the owners of that Content.
9.4 CircuitHub reserves the right (but shall have no obligation) to prescreen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
9.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
9.6 You agree that you are solely responsible for (and that CircuitHub has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which CircuitHub may suffer) by doing so.
10.1 You acknowledge and agree that CircuitHub (or CircuitHub’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (regardless of whether those rights have been registered or otherwise publicly recorded or recognized, and wherever in the world those rights may exist).
10.2 Unless you have agreed otherwise in writing with CircuitHub, nothing in the Terms gives you a right to use any of CircuitHub’s trade names, trade marks, service marks, logos, domain names and/or other distinctive brand features.
10.3 Other than the limited license set forth in this Section 10, below, CircuitHub acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (regardless of whether those rights have been registered or otherwise publicly recorded or recognized, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that CircuitHub has no obligation to do so on your behalf.
10.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. You further agree that you will not use any trade mark, service mark, trade name or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.5 Except where expressly provided otherwise herein, all comments, feedback, information or materials, other than Design Content, submitted by you to CircuitHub through or in association with the Services (“Submissions ”) shall be considered non-confidential and CircuitHub’s sole property. By providing such Submissions, you agree to assign to CircuitHub, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. CircuitHub shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.
11.1 Other than with respect to Submissions, you retain copyright and any other rights you already hold in Content which you submit, post, store or display on or through, the Services. By publicly posting or displaying Content, you give CircuitHub a perpetual, irrevocable, worldwide, transferable, sub licensable, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Public Content; provided, further, that, with respect to any Design Content you publicly make available to or through CircuitHub.com, you grant each of CircuitHub and each of its past, present and future Users a personal, perpetual, irrevocable, worldwide, transferrable, sub licensable, royalty-free, non-exclusive license to use, make derivative works from and incorporate such Design Content into the design, development, manufacture, sale, distribution or other exploitation of any product or product design.
11.2 You understand that circuithub.com, in performing the required technical steps to provide the Services to our users, may (a) store, transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You hereby grant CircuitHub a license to take these and other similar ministerial actions in respect of your Content for the purpose of providing the Services.
11.3 The licenses from you to CircuitHub, specified in this Section 11, extend to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services), as well as to any affiliate of CircuitHub or any entity that may acquire CircuitHub in any merger or acquisition.
11.4 You confirm and warrant to CircuitHub that you have all the rights, power and authority necessary to grant the above license.
12.1 Notwithstanding any provision of these Universal Terms to the contrary, solely with respect to Design Content presented to you through CircuitHub.com, each of CircuitHub and any User(s) that provided any such Design Content grants you a personal, worldwide, royalty-free and non-exclusive license to incorporate any such Design Content into the design, development, manufacture, sale, distribution or other exploitation of any product, which upon such incorporation may be used for any purpose.
12.2 You understand and agree that neither CircuitHub nor any User makes any warranty of any kind whatsoever, whether express or implied, as to any Design Content, including specifically, but without limitation, any warranty as to the appropriateness of all or any portion of any Design Content for any specific use. You further acknowledge and agree that your use of any Design Content is at your sole risk and hereby release, to the fullest extent allowed by applicable law, each of CircuitHub and each of its other Users from any liability of any kind whatsoever in connection with your use of any Design Content. Additionally, without limiting the generality of, and pursuant to, Section 14.1, below, you shall indemnify, defend and hold harmless each of the Indemnified Parties (as defined below) from any claims, actions, losses or liabilities arising from, as a result of or in connection with your use of any Design Content, including specifically, but without limitation, any claims of product liability.
12.3 Some use of the Services requires you to download a client software package (the “Software”). CircuitHub grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely to access the Services. Your license to use the Software will be automatically revoked if you violate the Terms in a manner that adversely impacts CircuitHub’s intellectual property rights, as determined by CircuitHub in its own discretion. CircuitHub reserves all rights in the Software not expressly granted in these Terms. You must not reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, nor attempt to do so, nor assist anyone else to do so. CircuitHub may update the Software on your device automatically when a new version is available.
13.1 The Terms will continue to apply until terminated by either you or CircuitHub as set out below.
13.2 You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
13.3 All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
13.4 If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
13.5 CircuitHub may at any time, terminate its legal agreement with you if:
13.6 Nothing in this Section 13 shall affect CircuitHub’s rights regarding provision of Services under Section 3, above.
13.7 Subject to Section 13.8, below, if CircuitHub becomes aware of a User's violation of the Terms, CircuitHub may provide such User with written notice of such User’s breach of the Terms. If the User does not cure such breach to CircuitHub’s satisfaction within 10 days following provision of such written notice, CircuitHub may, in its sole and absolute discretion, indefinitely suspend and disable (a “Suspension”) and/or terminate the applicable Account. The duration of any Suspension by CircuitHub will be until the applicable User has cured, to CircuitHub’s satisfaction, the breach which caused the Suspension.
13.8 Notwithstanding Section 13.7, above, if there is an Emergency Security Issue, then CircuitHub may automatically Suspend the Account from which the User is/was committing the offending use. CircuitHub will exercise reasonable efforts to limit the Suspension to the minimum extent and minimum duration required to prevent or terminate the Emergency Security Issue. “Emergency Security Issue” means either: (a) User's use of the Services in violation of the Acceptable Use Policy, which could disrupt: (i) the Services; (ii) other Users' use of the Services; or (iii) the CircuitHub network or servers used to provide the Services; or (b) unauthorized third party access to the Services
13.9 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CircuitHub have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 22.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13.10 Upon the termination of your use of the Services, CircuitHub will close your Account and you will no longer be able to retrieve Content contained in that Account.
13.11 In the event that your Account has no activity for a period of 90 days, CircuitHub may, in its sole and absolute discretion, make your Profile no longer available for viewing, archive your Profile or delete your Profile from CircuitHub.com in its entirety. Prior to taking any of these actions, CircuitHub shall send you a notice of such impending action by email to the address you have provided.
14.1 You agree to hold harmless, defend and indemnify CircuitHub and its Subsidiaries and Affiliates, and each of their respective officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Indemnified Parties”) from and against any third-party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. CircuitHub will provide you with written notice of any claim, suit or action in respect of which any Indemnified Party will require indemnification. In the event that you are required to defend any Indemnified Party in any suit or action, you may (subject to each such Indemnified Party’s right of approval, not to be unreasonably withheld) select counsel to provide such defense. Should you not respond to the notice, or fail to provide counsel within a reasonable amount of time, each Indemnified Party will be entitled to select its own counsel to conduct its defense. In any action in which you and any Indemnified Party are each parties, either you or such Indemnified Party may determine that you should have separate counsel, in which case, you will be solely responsible for the expense of such counsel. In respect of any claim suit or action for which you are indemnifying any Indemnified Party, you shall have the right to settle such case, so long as such settlement does not include any finding of fault, equitable relief or non-monetary compensation.
15.1 Nothing In These Terms, Including Sections 15 And 16, Shall Exclude Or Limit Circuithub’s Warranty Or Liability For Losses Which May Not Be Lawfully Excluded Or Limited By Applicable Law. Some Jurisdictions Do Not Allow The Exclusion Of Certain Warranties Or Conditions Or The Limitation Or Exclusion Of Liability For Loss Or Damage Caused By Negligence, Breach Of Contract, Breach Of Implied Terms Or Incidental Or Consequential Damages. Accordingly, Only The Limitations Which Are Lawful In Your Jurisdiction Will Apply To You And Our Liability To You In That Jurisdiction Will Be Limited Only As Permitted By Law.
15.2 You Expressly Understand And Agree That Your Use Of The Services And Any Design Content Selected Using The Services Is At Your Sole Risk And That The Services And Such Design Content Are Provided “As Is” And “As Available.”
15.3 In Particular, Circuithub, Its Subsidiaries And Affiliates, Its Third Party Service Providers, Its Licensors And Its Licensees, Do Not Represent Or Warrant To You That:
15.4 Any Material Downloaded Or Otherwise Obtained Through The Use Of The Services Is Done At Your Own Discretion And Risk And You Are Solely Responsible For Any Damage To Your Computer System Or Other Device Or Loss Of Data That Results From The Download Of Any Such Material.
15.5 No Advice Or Information, Whether Oral Or Written, Obtained By You From Circuithub Or Through Or From The Services Shall Create Any Warranty Not Expressly Stated In The Terms.
15.6 Circuithub Further Expressly Disclaims All Warranties And Conditions Of Any Kind, Whether Express Or Implied, Including, But Not Limited To, The Implied Warranties And Conditions Of Merchantability, Fitness For A Particular Purpose And Non-infringement.
16.1 Subject To Section 15.1, Above, You Expressly Acknowledge And Agree That Neither Circuithub Nor Any Of Its Subsidiaries And Affiliates, Third Party Service Providers, Licensors Or Licensees Shall Be Liable To You For:
16.2 Circuithub Is Not Responsible For The Actions, Content, Information, Or Data Of Third Parties, And You Release Circuithub, Its Principals, Officers, Directors, Affiliates, Employees And Agents From Any Claims And Damages, Known And Unknown, Arising Out Of Or In Any Way Connected With Any Claim You Have Against Any Such Third Parties. If You Are A California Resident, You Waive California Civil Code §1542, Which Says:
“A General Release Does Not Extend To Claims Which The Creditor Does Not Know Or Suspect To Exist In His Favor At The Time Of Executing The Release, Which If Known By Him Must Have Materially Affected His Settlement With The Debtor.”
If You Are Not A California Resident, You Waive Any Similar Law, Rule Or Regulation Applicable In The Juridiction In Which You Are A Resident Or From Which You Are Using The Services.
16.3 The Limitations On Circuithub’s Liability To You In Section 16.1 Above Shall Apply Whether Or Not Circuithub Has Been Advised Of Or Should Have Been Aware Of The Possibility Of Any Such Losses Arising.
17.1 CircuitHub’s policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the DiCircuital Millennium Copyright Act (the “DMCA”)) and to terminate the Accounts of repeat infringers. CiruitHub’s DMCA notice and take down procedure may be found at [insert link].
18.1 Some of the Services may display advertisements and promotions. These advertisements may be targeted to Content or information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by CircuitHub on the Services are subject to change without specific notice to you.
18.3 In consideration for CircuitHub granting you access to and use of the Services, you agree that CircuitHub may place such advertising on the Services.
18.4 As part of the Services, CircuitHub may provide access to Content, including articles on this site that contain links to other resources and businesses. Those links are provided as citations and aids to help you identify and locate other resources that may be of interest and are not intended to state or imply that CircuitHub sponsors, endorses, is affiliated or associated with, guarantees or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the links.
19.1 The Services may include hyperlinks to other websites or content or resources. CircuitHub may have no control over any websites or resources which are provided by companies or persons other than CircuitHub.
19.2 You acknowledge and agree that CircuitHub is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
19.3 You acknowledge and agree that CircuitHub is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
20.1 CircuitHub may make changes to the Universal Terms or Additional Terms from time to time. When changes are made, CircuitHub will make a copy of any such changes available to you from within, or through, CircuitHub.com and/or the affected Services.
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, CircuitHub will treat your use as acceptance of such updated Universal Terms or Additional Terms.
20.3 In the event that CircuitHub believes that any change in Terms will result in a material change to your rights in respect of use of the Services, CircuitHub may provide you with a written notice of the change in the Terms a reasonable amount of time prior to the effective time of the Terms as changed. Notwithstanding the previous sentence, a lack of notice from CircuitHub shall not invalidate the effectiveness or timing of any change in the Terms.
21.1 Where CircuitHub has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with CircuitHub.
21.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
22.1 The Terms (including any policies, guidelines, legal notices or amendments that may be presented to your from time to time) constitute the entire agreement between you and CircuitHub and govern your use of Services, superseding any prior agreements between you and CircuitHub for the use of Services. You may be subject to Additional Terms that apply when you use certain features of the Services. Nothing in the Terms relieves you from any obligations applicable to your license or use of any third-party content or software.
22.2 You agree that CircuitHub may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings within or through the Services.
22.3 You agree that if CircuitHub does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CircuitHub has the benefit of under any applicable law), this will not be taken to be a formal waiver of CircuitHub’s rights and that those rights or remedies will still be available to CircuitHub. Additionally, CircuitHub’s waiver of any of the Terms shall in no way require CircuitHub to waive any such Term(s) thereafter.
22.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then, in that jurisdiction only, that provision will be limited to the minimum extent required (including removal if necessary) to make such provision valid and enforceable (unless it has been removed). Limitation or removal of a term in one or more particular jurisdiction(s) shall not result in such limitation or removal in any other jurisdiction(s), in any circumstance materially different from the matter in which the provision was limited or removed. No limitation or removal of any provision of the Terms pursuant to this Section 22.4 shall affect any of the other Terms (in any jurisdiction), all of which will continue to be valid and enforceable.
22.5 You acknowledge and agree that each Subsidiary and Affiliate and Third Party Service Provider shall be a third-party beneficiary to the Terms and as such shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) such party. Other than this, no other person or Entity shall be a third-party beneficiary to the Terms.
22.6 The Terms, and your relationship with CircuitHub under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and CircuitHub agree to submit to the exclusive jurisdiction of the courts located within the City of San Jose, California to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that CircuitHub shall be entitled to seek injunctive remedies (or an equivalent type of urgent legal or equitable relief) in any jurisdiction without placing a bond. The prevailing party in any dispute based upon the Terms submitted to any court, or for arbitration, shall be entitled to reimbursement of their fees and costs, including costs of investigation and reasonable attorney’s fees.
22.7 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22.8 You are responsible for responding to Third Party Requests. CircuitHub will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify you of its receipt of a Third Party Request and (b) comply with your reasonable requests regarding your efforts to oppose a Third Party Request. You will first seek to obtain the information required to respond to the Third Party Request on your own and will contact CircuitHub only if you cannot reasonably obtain such information. “Third Party Request” means a request from a third party for records relating to your use of the Services. Third Party Requests can be a lawful search warrant, court order, subpoena or other valid legal order.