Terms of Use

Effective Date: November 1, 2024

Introduction: Thank you for using this service, which is owned and operated by Ciranda, Inc. (“Ciranda,” “we,” “us,” or “our”). These Terms of Use govern your use of www.ciranda.com, and other websites and services that are owned or controlled by Ciranda and on which we post a link to these Terms of Use (collectively, the “Site”). These Terms of Use constitute a legally binding agreement between you, the person or entity using the Site (“you” or “your”), and Ciranda. If you are entering into these terms on behalf of an entity, you hereby represent and warrant that you have the requisite authority to bind such entity.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SITE OR ANY OF THE PRODUCTS OR SERVICES THAT ARE AVAILABLE ON OR THROUGH THE SITE AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.

Acceptance of these Terms of Use: These Terms of Use apply to all users of the Site. By using the Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Description of the Site: The Site allows you to order certain Ciranda products that we may make available for purchase. You also understand that accessing certain aspects of the Site may be limited to specific user types (“Users”), and that your ability to access certain features may be limited based on your user type. You may learn more about the various User types for the Site and the features available by clicking roles.

Ordering Products: All purchases through our Site or other transactions for the sale of products are governed by our General Terms and Conditions of Sale , which are hereby incorporated into these Terms of Use. Certain products may only be available for purchase by certain User types. We cannot guarantee the availability of any particular product displayed on this Site, and we reserve the right to discontinue and/or change the sale of any product listed on this Site at any time without notice.

We strive for accuracy in all information and Content contained herein or referenced in the Site; however, due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. We reserve the right at any time and without notice to update such information and Content and to correct or remove such errors, inaccuracies, or omissions.

Questions About Products: If you have questions about your order or any products, please contact Customer Service via phone at 888-329-3577 or via email at [email protected]. Customer Service is available Monday through Friday, 7AM-5PM (CST), other than holidays.

Your Consent to Other Agreements: This Site may include special promotions, features, or functionality. For example, you may be able to use this Site to enter a sweepstakes or contest or to purchase products. These special features may be offered subject to special terms and conditions, such as, entry deadlines, return policies, or restrictions on use, and you may be asked to agree to such special terms and conditions. If special terms and conditions apply, appropriate notices will be posted in a context-appropriate location on the Site. If any of the terms of the special terms and conditions are different than the terms of these Terms of Use, the terms of the special terms and conditions will supplement or amend these Terms of Use, but only with respect to the matters governed by the special terms and conditions.

Ownership of this Site and its Content: This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Ciranda or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Subject to these Terms of Use, Ciranda grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Site for personal use only in accordance with these Terms of Use (the “User License”). Any use of the Site in any other manner, including, without limitation, resale, transfer, modification or distribution of the Site or the Content is prohibited. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. These Terms of Use and the User License also govern any updates to, or supplements or replacements for, the Site, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

Trademarks: The Ciranda name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Ciranda (the “Ciranda Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Ciranda Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Ciranda Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Removal of Content: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Attn: DMCA Request
Ciranda, Inc.
708 Second Street
Hudson, WI 54016
[email protected]

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Ciranda actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback: The Feedback you provide to us through this Site will be and remain our exclusive property. The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, customer reviews, testimonials, and other content you post on or through this Site that is specifically about how we can improve this Site, the products and services we make available through this Site, or your experience with our products and services. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations: In consideration of your use of this Site, you agree that to the extent you provide business or Personal Information to Ciranda, it will be true, accurate, current, and complete and that you will update all business or Personal Information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password, and you accept sole responsibility for all activities that occur under your account, username, and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with these Terms of Use and all applicable laws. Additionally, you agree not to:

Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.
Otherwise attempt to interfere with the proper working of the Site.

We reserve all rights and remedies available to us.

DISCLAIMERS: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CIRANDA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CIRANDA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

CIRANDA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED CIRANDA SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CIRANDA, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

THIS SITE GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN KINDS OF LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF USE MAY NOT APPLY TO YOU. OTHER JURISDICTIONS ALLOW LIMITATIONS AND EXCLUSIONS SUBJECT TO CERTAIN CONDITIONS. IN SUCH A CASE THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF USE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF SUCH APPLICABLE JURISDICTIONS. YOUR STATUTORY RIGHTS AS A CONSUMER, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS, AND WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.

Indemnity: You agree to indemnify and hold Ciranda, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Termination. We reserve the right to terminate or suspend your account, access to the Site, or any related services at our sole discretion, without notice, for any reason or no reason at all. If you violate any provision of these Terms of Use, your authorization to access the Site automatically terminates. You may terminate your agreement with Ciranda at any time by closing your account and discontinuing use of our Site. To close your account, please contact our Customer Service team. Upon termination of your account or access to the Site for any reason, you will remain liable for any outstanding payments owed for purchases made prior to termination. Ciranda will not be responsible for any loss of data or account information that may occur as a result of account closure. Provisions of these Terms of Use that are intended by their nature to survive termination shall survive, including, without limitation, provisions regarding intellectual property, confidentiality obligations, limitations of liability, disclaimers, indemnification, and governing law.

Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Use, 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 Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Updates to These Terms of Use: These Terms of Use are current as of the effective date set forth above. Ciranda reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Address: CIRANDA, Inc. 708 Second Street
Hudson, WI 54016
Email: [email protected]