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Terms of Use Agreement & Privacy Policy

Note: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

• Introduction
• Your Rights and Obligations
• Our Rights and Obligations
• Disclaimers; Limitation of Liability
• Termination
• General Terms
• Privacy Policy Overview
• Privacy Policy
  • What Information Do We Collect on Your Profile or Online/Mobile Activities?
  • How We Use the Information
  • Business Listings and Business Profile Submissions
  • Business Contact Information and SharedIQ™
  • Access to Personal Information and Security
• Contact Us

Introduction

1. Purpose

   The mission of Dub Labs is to help people and businesses unleash the potential of their networks using social, mobile and local technologies. To achieve our mission, we make service available through our website, mobile applications, and developer platform, to you, your contacts, and millions of other people discover the possibilities in their networks.

2. Scope and Intent

   The website and mobile application services are owned, operated, or licensed, by DubMeNow Inc. (doing business as Dub Labs). This Terms of Use Agreement (the “Agreement”) cover the websites www.DubLabs.com and www.CircleBack.com (each a “Site”), certain functionalities of the Sites, and the various services provided including our short message system ("SMS") and our mobile and desktop applications (collectively the "Services"). Please read the following Terms of Use carefully before using this Site, the Services, or downloading any of our products, so that you are aware of your legal rights and obligations with respect to DubMeNow Inc., its affiliates and subsidiaries (individually and collectively, "CircleBack", “Dub Labs”, "we", or "us").

3. Duration and Termination

   The license for use of the Site is effective until terminated. You may terminate it at any time by removing the Mobile Application from your device, together with all copies thereof as provided for in the end user license agreement applicable to such Mobile Application. This license will terminate upon conditions set forth elsewhere within this Agreement or if you fail to comply with any term or condition of this Agreement. In such event, no notice shall be required by Dub Labs to effect such termination. Upon termination of this Agreement, you agree to remove the Mobile Application from your device with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Dub Labs at your expense.

Your Rights and Obligations

1. Free Accounts

   On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the CircleBack User Code of Conduct listed below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Site and utilize the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Dub Labs or its Users), to view information and use the Site and Services that we provide on Dub Labs or the CircleBack webpages and in accordance with this Agreement. Any other use of Dub Labs or CircleBack contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Dub Labs, CircelBack and all related items, including any and all copies made of the Dub Labs and CircleBack website. The exportation of CircleBack’s SharedIQ contact information out of CircleBack for any use is prohibited.

2. Additional Terms for Premium Accounts
   1. Dub Labs may offer Users access to various features, functionality, and services which are in addition to the features and functionality available with a “free” account. Dub Labs may charge fees for such access (the “Premium Services”).
   2. Payment: Upon registration for Premium Services, you agree to pay the applicable fees (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes. Such payment shall be made from the payment card or credit card information you have linked to your account. Further, you agree to pay the cost to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
   3. Your Credit Card Information: Upon purchase of any Premium Services you agree to allow Dub Labs to store your payment card information.
   4. Cancellation: You may cancel your Premium Services by contacting us 8-10 business days before your renewal date. Cancellation will end billing and remove your access to the Premium Services at the end of your current billing.
   5. Refunds: All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services expire immediately upon cancellation or termination of your Premium Services account.
   6. Limited Rights for Direct Use of CircleBack’s SharedIQ and Premium Contact Information: Subscribers of Premium Services are granted a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to view SharedIQ and Premium Contact Information on the Site and through the Services provided on CircleBack mobile applications and webpages and as and in accordance with this Agreement. Premium Services also include the option to upload one or more customer lists as comma delimited (CSV) files and download the same files with SharedIQ and Premium Contact Information appended. All information is provided ‘as is’ and may only be used in accordance with these Terms of Use and the guidelines established by the Direct Marketing Association (see http://www.dmaresponsibility.org/Guidelines/ ) and may not be assigned, sublicensed, transferred, sold or used in any manner by any party other than the subscriber of the Premium Services.
3. Acceptance and Revisions of the Terms of this Agreement.

   By using CircleBack, you signify your irrevocable acceptance of this Agreement and these Terms of Use. Dub Labs has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of CircleBack shall be deemed irrevocable acceptance of those revisions. You also acknowledge your irrevocable acceptance of our:

   1. Privacy Policy Statement
   2. User Code of Conduct

   We reserve the right to change, modify, suspend or discontinue any portion of CircleBack at any time including changes to our Privacy Policy and User Code of Conduct. We may also impose limits on certain features or restrict your access to parts or the entire Site, Services and the mobile application without notice or liability.

4. User Registration and Credentials

   As part of the registration process, each patron of the Service will select a password ("Password") and an optional username. You shall provide CircleBack with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a username of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a username that CircleBack, in its sole discretion, deems inappropriate or offensive. You shall notify Dub Labs of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

5. Service Eligibility

   To be eligible to use the Site or Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a CircleBack account, (3) are not a competitor of Dub Labs or are not using the Services for reasons that are in competition with CircleBack; (4) will only maintain one CircleBack account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Dub Labs, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Site or Services.

6. Privacy

   You acknowledge that you have carefully read our Privacy Policy prior to becoming a User. Our Privacy Policy is incorporated into this Agreement and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit are likely to reveal your age, gender, ethnic origin, nationality, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us was done so voluntarily by you.

7. CircleBack User Code of Conduct

   Any fraudulent, abusive, or otherwise illegal activity, or violation of the CircleBack User Code of Conduct is grounds for termination of your account, at Dub Labs’ sole discretion, and you may be reported to appropriate authorities. You shall not do any of the following:

   1. Be dishonest or act in an unprofessional manner by posting inappropriate, inaccurate, or objectionable content;
   2. Publish inaccurate information in the designated fields on the profile form
   3. Create a user profile for anyone other than a natural person;
   4. Create a false identity or otherwise misrepresents your identity;
   5. Harass, abuse or harm another person/User;
   6. Upload a profile image that is not to your likeness;
   7. Use or attempt to use another's account without authorization;
   8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide this Site or the Services, or any part thereof;
   9. Adapt, modify or create derivative works based on this Site, the Services, or any underlying technology;
   10. Remove any copyright, trademark or other proprietary rights notices contained in or on this Site;
   11. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Site or Services except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
   12. Use manual or automated software, devices, scripts, bots, robots, other means or processes to access, “scrape,” “crawl” or “spider” the Site or to add or download contacts;
   13. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
   14. Engage in any action that directly or indirectly interferes with the proper working of the Site or places an unreasonable load on the Site including, but not limited to, any attempts to access or hack our servers or network.
   Online Behavior
   1. Please exercise respect when participating in any of CircleBack's community features such as forums, blogs, email functions, etc. and when using chat, voice, video, file transfer or any other feature of the CircleBack Mobile Application ("User Materials"). You may not submit or publish through CircleBack any User Materials that:
      1. Is libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor;
      2. Infringes any intellectual property rights of a third party or that would otherwise violate the rights of any third party;
      3. Solicit funds or services;
      4. Include programs, software, scripts or the like that contain viruses or any other programs designed to impair the functionality of any computer or track or obtain information from users of the Site or Service;
      5. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
   2. Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials, though we reserve the right to remove any content in our sole discretion.
   3. Notwithstanding any rights or obligations governed by any Additional Terms (as defined herein), if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Dub Labs a non-exclusive, royalty-free, perpetual, irrevocable license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for CircleBack, Dub Labs and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.
   Submissions
   1. Certain parts of CircleBack may ask for written suggestions or problem reports such as using our feedback form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the Dub Labs Terms of Use shall govern your legal rights with respect to those Submissions.
   2. The Submissions shall be deemed the property of Dub Labs. Dub Labs shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Dub Labs will not be treated as confidential and Dub Labs shall not be liable for any disclosure of the Submissions.
8. Export Control

   Your use of the Site or Services is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

9. Notify us of acts contrary to the Agreement.

   If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

10. Indemnification

    You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, that any of your Submissions violate the rights of any third party or applicable laws, (2) any content you submit to the Site or through use of the Services, and (3) any activity in which you engage on or through CircleBack.

Our Rights and Obligations

1. Use of CircleBack Mobile Application

   The mission of Dub Labs is to help people and businesses unleash the potential of their networks using social, mobile and local technologies. To achieve our mission, we make service available through our website, mobile applications, and developer platform, to you, your contacts, and millions of other people discover the possibilities in their networks.

2. Interactions with other Users.

   You are solely responsible for your interactions with other Users. Dub Labs may limit the number of contacts you have in CircleBack and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Dub Labs reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Dub Labs determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

3. Web Site Links

   Dub Labs may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). Dub Labs is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

4. Accounts and Security

   Dub Labs does not warrant that the functions contained in the Service provided by CircleBack will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

Disclaimers; Limitation of Liability

1. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND DUB LABS, THE SITE, SERVICE, MATERIALS, TECHNOLOGY, AND ANY INFORMATION PROVIDED THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DUB LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DUB LABS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THIS SITE OR THE SERVER THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DUB LABS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICE, THE MATERIALS, TECHNOLOGY OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALTHOUGH CIRCLEBACK MAKES EFFORTS TO PREVENT PERSONAL INFORMATION FROM BEING DISCLOSED, CIRCLEBACK MAKES NO WARRANTY THAT OTHER CIRCLEBACK USERS WHO SUBMIT CONTACT INFORMATION FOR YOU AND OTHERS, AS PART OF THE CROWD SOURCING CONTACT SHARING ASPECT OF CIRCLEBACK, WILL NOT PROVIDE PERSONAL PROFILE INFORMATION FOR YOU WHICH MAY BE VIEWABLE TO OTHER CIRCLEBACK MEMBERS. YOU (AND NOT DUB LABS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE CIRCLEBACK SITE, WE INCLUDE LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT DUB LABS HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.

2. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DUB LABS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, CIRCLEBACK, OR ANY OTHER WEBSITE, EVEN IF DUB LABS OR A DUB LABS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DUB LABS OR FROM OR THROUGH DUB LABS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. IN NO EVENT SHALL DUB LABS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED TEN DOLLARS (US$10.00).

3. You agree to indemnify and hold Dub Labs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through CircleBack, your use of the Site, Service or Mobile Application, your connection to CircleBack, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Termination

1. Mutual rights of termination

   You may terminate this Agreement, for any or no reason, at any time, with notice to Dub Labs pursuant in accordance with the terms of this Agreement. This notice will be effective upon the completed processing of your notice. Dub Labs may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. Dub Labs’ cancellation of this Agreement shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Dub Labs or the party paying for any Premium Services may terminate your access to such Premium Services. Termination of your CircleBack account includes disabling your access to CircleBack and may also bar you from any future use of CircleBack.

2. Misuse of the Site or Services

   Dub Labs may restrict, suspend or terminate the account of any User who abuses or misuses the Site or Services. Misuse of the Site or Services includes inviting other Users with whom you do not know to connect; abusing the contact connection, SMS, and other messaging services; creating multiple or false accounts; using the Site or Services commercially without Dub Labs authorization, infringing any intellectual property rights, violating any aspect of the Code of Conduct, or any other behavior that Dub Labs, in its sole discretion, deems inappropriate.

3. Effect of Termination

   Upon the termination of your CircleBack, you will lose access to the Services. The terms of this Agreement shall survive any termination, except for the (1) Your Rights and Obligations; and (2) Our Rights and Obligations sections.

General Terms

1. Administrative Information/Jurisdictional Issues

   This Site and the Services are controlled and operated by Dub Labs. Dub Labs makes no representation that materials in CircleBack are appropriate or available for use in your location. Those who choose to access this Site or Services from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Severability

   If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

3. Entire Agreement

   You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Dub Labs regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third party software.

4. No informal waivers

   Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by us or any affiliate shall be deemed legally binding on us or any affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Dub Labs.

5. No Injunctive Relief

   In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or Services or any content or other material used or displayed through the Site or Services.

6. Assignment

   In no event shall assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Dub Labs may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute any third party that assumes our rights and obligations under this Agreement.

7. Governing Law and Venue

   By accessing this Site or using the Service or Mobile Application, you and Dub Labs agree that all matters relating to your access to, or use thereof shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. All disputes arising from or related to these Terms of Use shall be brought in the state and federal courts located in Fairfax County, Virginia.

8. Notification of Copyright Infringement

   Dub Labs will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Dub Labs.

   Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to Dub Labs' designated agent as set forth below, and must include substantially all of the following:

   1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
   2. a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing
   3. a description of where the material that you claim is infringing is located on CircleBack;
   4. information sufficient to permit Dub Labs to contact you, such as your physical address, telephone number, and email address;
   5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   6. a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

   For notice of claims of copyright infringement, Dub Labs can be reached by the following Jared Hendler, EVP, Finance and Operations, 8230 Boone Blvd, Vienna, VA 22182, support@Dub Labs.com

9. Trademarks

   CircleBack, Dub Labs, SharedIQ, the CircleBack logo and the Dub Labs logo and other marks indicated on our Site and within the Mobile Application are trademarks of DubMeNow Inc. or other related companies. DubMeNow is a registered mark with the United States Patent and Trademark Office.

   CircleBack's trademarks and trade dress may not be used in connection with any product or service that is not CircleBack's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CircleBack or Dub Labs. All other trademarks not owned by Dub Labs or any of its related companies that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dub Labs.

10. Copyright

    All content and compilations of content included on Dub Labs’ Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and mobile applications, are the property of Dub Labs Limited and is protected by United States and international copyright laws.

Privacy Policy Overview

1. Our Approach to Privacy

   Dub Labs considers itself a steward of the information it collects, maintains and utilizes. Our responsibility is to ensure the appropriate access, addition and use of information submitted to CircleBack by ours and may available to CircleBack subscribers via 3rd party information providers. Underlying our policies is Dub Labs’ commitment to provide users transparency and education on the collection and use of information here at Dub Labs. To better protect your rights we have provided the Dub Labs Privacy Statement to explain our privacy practices in detail available here.

Privacy Policy Statement

1. TRUSTe’s Privacy Seal (when re-issued)

   DubMeNow, Inc., the owner and operator of the site www.CircleBack.com, has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@CircleBack.com. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe program covers only the practices of the Web site www.circleback.com and does not cover information that may be collected through our mobile applications.

2. Applicability and Coverage

   This privacy statement covers the sites www.CircleBack.com, and www.DubLabs.com (the “Sites”), certain functionalities of the Sites, and the various services provided including our short message system ("SMS") and our mobile and desktop applications (collectively the "Services").

   In order to access and use the Site and Services, you must also agree to our Terms of Use (the "Terms of Use") posted on the Sites. Persons and organizations with permission to use the Services are considered "Registered Users." You may view portions of the Site even if you are not a Registered User of the Service. This privacy policy applies to Dub Labs’ collection, use and disclosure of personal information from Registered Users of the Site, as well as from persons who merely visit the Site, and this policy forms an integral part of the Terms of Use. Dub Labs has adopted and implemented this privacy policy as part of our commitment to protecting your Personal Information (as defined below) from misuse. If you are a user who resides outside the United States, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

   Because these Sites want to demonstrate their commitment to our users' privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

3. Questions or Concerns

   If users have questions or concerns regarding this statement, they should first contact the CircleBack help desk by sending an email to support@CircleBack.com. If they do not receive acknowledgment of their inquiry or their inquiry is not satisfactorily addressed, they should then contact TRUSTe through the TRUSTe Watchdog Dispute Resolution Process (http:// www.truste.org/consumers/watchdog_complaint.php). TRUSTe will serve as a liaison with the Web site to resolve users concerns.

4. What Information Do We Collect regarding Your Profile and Online/Mobile Activities?

   We collect personally identifiable information as required to offer the Services and as voluntarily provided by you in the course of correspondence or registration, and as otherwise identified below. In addition, we collect certain information which cannot be used to personally identify any user, such as anonymous, aggregate or statistical data.

   In order to use some Services, you may be required to complete an applicable registration form accessible on the Sites. All persons who register are referred to as "Registered Users." Some Services may not require registration. We collect and maintain a record of all data provided through such registration forms. For example, individual users who desire to subscribe to the Services must provide certain contact information. The contact information may include, but is not limited to, identification data (e.g., name, address, telephone numbers, email address, and facsimile address). For some Services, each Registered User may be provided a unique username (the "username") and a password that enables access to the Service. We may track the use of those usernames and passwords in order to collect and maintain records of individual transactions conducted through the Services by Registered Users, and those records may be associated with each Registered User's individual account profile within the Company system.

   As a Registered User you can create a public profile (the "Public Profile") as well as a personal profile (the “Personal Profile”) each of which will reflect the information you decide to make available to other CircleBack users (collectively, the “Profiles”). This information may include your username, full name, address, telephone numbers, and other information you may decide to share. Please be aware that all information you provide in your Public Profile, except your password and contact preferences will be available to every person with whom you decide to connect via the Services and certain fields are used in our search functionality. Your Personal Profile is not searchable and is only available to individuals you personally elect to share your Personal Profile. We also store your Profiles centrally on a server as well as spread to any other devices and systems you may opt-in to. In the event you choose to make your Profiles available, this information will only be transmitted in an encrypted format. You control your Profiles and can access your Profiles from the "My Profiles" menu item in the CircleBack Mobile Application and on the Sites in order to view, correct, complete or remove information. Every time you change either one of your Profiles, such companies or users to whom you disclosed your information previously will receive an update of your information.

   In addition to your Personal Profile and Public Profile, CircleBack uses crowd sourcing to count and weight contact information for contacts within the CircleBack database. The crowd sourced contact information is then available to CircleBack users connected with the given contact. Other CircleBack users may submit additional contact information about you which CircleBack will store, use, and display. CircleBack attempts to filter out personal emails, but does not guarantee, to prevent disclosure of such personal emails submitted by other users by filtering such personal emails using the CircleBack Email Domain Exclusion List.

   We also collect and maintain records of information that you voluntarily provide to us. For example, we may ask you to participate in a survey, and may ask you to provide personally identifiable information, such as age, gender or other demographic data. However, unless such information is necessary for the Services or required by the Terms of Use, we do not require you to provide such information to us. By providing such information voluntarily, you give us permission to use such information as described in this policy.

   We collect additional information through the Site and the Services that is not associated with any online account or registration information, and that cannot be used to personally identify you (all such information is "Non-Personal Data," in contrast to collected information described above, which is, "Personal Information"). Non-Personal Data ordinarily includes aggregate, summary, or other anonymous data, and may include, by way of example, statistics regarding popularity of particular pages within the Site, or information regarding types of Internet browsers used by Registered Users. We also collect information about your device, should you use the Services through one of our smartphone applications, including the manufacturer of your device, the phone model, the operating system used, the version of the application, the International Mobile Equipment Identity (IMEI) number, and, if permitted by the user, geo-location information. We also collect Non-Personal Data from your mobile device such as screen usage data in aggregated form to improve our applications and Services.

   "Cookies" are small files placed on a user's computer by a website in order to facilitate use of that website. For example, a cookie may contain information about a user's preferences, so that the website automatically complies with those preferences whenever the user visits that website. When using the Service, we may create "cookies" on your computer for purposes of facilitating and maintaining your current user session, and may collect Personal Information using those cookies in order to enable us to identify you in connection with the Services and to track use of the Services for purposes consistent with this policy.

   Regarding Children

   The Site is not intended for or directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 18, and no part of our Site or Services is designed to attract people under 18.

5. How We Use the Information

   First and foremost, Circleback does not sell ANY user information to marketers. We use the information collected from the Sites and Services in several ways, as outlined below. For example, we use Personal Information as needed to provide Services and to communicate with Registered Users. We also use both Personal Information and Non-Personal Data when evaluating ways to improve the Sites and the Services. As further described below, in limited circumstances and only as an opt-in option, we may disclose collected information, including Personal Information, to certain third parties in connection with providing the Services or as required by law. We will not use or disclose collected information in ways different from what is described in this policy unless otherwise required by law.

   We also use information collected through the Sites and the Services to communicate with Registered Users from whom such information was collected in order to provide informational materials about us in the form of newsletters. However, unlike communications which are necessary to provide Services ("Necessary Communications"), these informational communications are optional ("Optional Communications"), and we will refrain from sending that kind of information to you if you inform us that you prefer not to receive them, as described in more detail below. We do not send promotional material.

   We use Non-Personal Data in a variety of ways, including, by way of example, to evaluate the performance of the Sites and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. Because Non-Personal Data is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Data.

   If we collect information through the Sites and/or the Services that you provide to us voluntarily through online forms or surveys, through e-mail communications or by other means, we will treat that information as described herein, as applied to both Personal Information and Non-Personal Data.

   As a necessary part of providing the Services, we may disclose information collected from you as described in this policy. For example, we may disclose certain Personal Information about you to our third-party service providers, so long as they are only using the Personal Information to provide services to us. Under certain limited circumstances, we may be subject to legal requirements to disclose information collected through the Sites or Services, such as, by way of example, to a court or a governmental agency, and our policy is to comply fully with all such legal requirements. The disclosures contemplated by this paragraph ("Necessary Disclosures") are necessary if you wish to use the Services. As mentioned above, we may use and disclose Non-Personal Data without restriction. If you do not want us to make such Necessary Disclosures, or to use Non-Personal Data without restriction, you must not use the Service.

   Personal Data of Contacts

   You may be interested in inviting your contacts or friends to join your network at CircleBack. In the event you wish to use CircleBack's referral service, you will be directed to a webpage and will have the possibility of adding one or more email addresses, mobile phone numbers or usernames, in an online form. The information entered in this form will only be used for the purposes of automatically generating an email or text message to these potential CircleBack users and will not be used for any other commercial marketing. We may permit you to invite others within the address books you maintain (i.e., Hotmail, Gmail, or certain CRM applications) to join your network at CircleBack by providing your verification information to us. We will use such information solely for purposes of uploading your address book contents and contacting the individuals in accordance with this paragraph.

6. Business Listings and Business Profile Submissions

   Once you become a User, you may provide additional information to your CircleBack Business Listing which describes your company’s services, markets served, locations, industry sectors, keywords, and service specialties. Likewise, you may provide information about your professional skills, professional experiences, educational background, unique skills and keywords. Providing additional information about your business, the business you work for or yourself beyond what is minimally required at registration is entirely up to you. However, providing additional information enables you to derive more benefit from CircleBack and your network by helping other users find you and learn more about your services. The business Listing and Profile will help build your identity, leverage your network, and discover more possibilities. Any information you provide at registration or in the Profile section may be used by CircleBack as described in the User Agreement and this Privacy Policy, including for the purpose of allowing professional opportunities to find you on CircleBack, or for serving more relevant advertisements on CircleBack. If you decide not to share certain information, you may not receive the full benefit of being a CircleBack User.

   We do not control the information you decide to provide to CircleBack, and we are not liable in any way for anyone's use or misuse of the information in such disclosures. As per the Terms of Use we also reserve the right to take down any content that may be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable.

7. Business Contact Information and SharedIQ™

   Once you become a User, you may choose to load your contacts individually or via one of the connections with the most common social networks, email services or phone contact address books. If you select to upload your contacts, CircleBack processes the contacts to provide you with comprehensive and merged contacts.

   Each of your contacts may have Personal Contact information (e.g., home address, home phone, etc.) and/or Business Contact Information (e.g., Company, Title, work address, work email, etc.). CircleBack’s algorithms will process your Personal Contact information to enhance this information and to facilitate enhanced keyword search, better contact field population and geo-plotting. However, CircleBack does not disclose your contacts’ Personal Contact Information to any user or third party.

   Business Contact information is processed by CircleBack’s algorithms and is added to CircleBack’s SharedIQ database. Your submissions are added to the information submitted by all other CircleBack Users to create a complete, current and automatically updated Business Contact profiles. The information you submit on your contacts’ Business Contact Information is counted or weighted for the purposes of increasing the accuracy at representing Business Contact information in our system. This means that your information along with the Business Contact information of all CircleBack users influences but does not determine the information displayed by SharedIQ for your contacts. As SharedIQ uses crowd sourcing to count or weight numerous bits of contact information we receive on a contact’s profile, some users may have personal information intermixed with business profile information. For this reason, CircleBack also filters emails of users based on email domain or internet service provider (ISPs). Thus, CircleBack attempts to prevent the disclosure of any email from a domain on the CircleBack Email Domain Exclusion List unless approved by the User. CircleBack reserves the right to modify this list at any time. All information contributed to the SharedIQ database is for use only by CircleBack users. Unlike other services, this information is NOT AVAILABLE to non-users of CircleBack and is NOT sold to third parties.

8. Optional Disclosures (Opting-In and Opting-Out)

   Because we respect your privacy, we may from time to time provide certain opportunities for you to indicate your preferences regarding how we use and/or disclose information collected about you from the Sites or Services. If you are a Registered User, by indicating your preferences in the online profile you create, which includes your registration information and other information voluntarily provided by you (your "Registration Profile"), you will be able to inform us of your preferences regarding optional disclosures. Please also note that, although we will respect such preferences that you indicate regarding such optional communications and optional disclosures, information is nevertheless collected from your use of the Sites and the Services as described above, largely through automated processes. Even so, we will treat Personal Information collected from you in accordance with your preferences, unless otherwise required by law. Registered Users may also Opt-in or Opt-out of disclosure of geo-location data. Opting in or out is handled through the smartphone’s General Settings -> Locations Services options.

9. Third Party Sites and Content

   We sometimes provide links to other websites or locations for your convenience and such action does not signify our endorsement of such other websites or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our privacy policy do not apply to these outside websites. We may enable certain third parties to deliver content and ads through our Sites. These third parties may collect (via tracking technologies like cookies or web beacons) and use Non- Personal Data regarding your interaction with the content or ads that they deliver and with which you interact. We do not have access to or control of the tracking technologies that may be placed by these third parties. Third parties do not have access to your Personal Information stored on the Sites unless you choose to share it with them. This privacy policy does not cover the use of tracking technologies by any third party.

10. Access to Personal Information and Security

    Registered Users may access their Registration Information and their Profiles at any time to update Personal Information contained within their Profiles. Subsequent uses or disclosures of information by us will reflect those changes. We will send updates of your Public Profile or Personal Profile information to other Registered Users you are sharing public or personal contact information with respectively informing them of the updates you have provided to your Profile. We have no ability to update any information previously disclosed to any third party.

    Registered Users may access their Registration Information and their Profiles at any time to update Personal Information contained within their Profiles. Subsequent uses or disclosures of information by us will reflect those changes. We will send updates of your Public Profile or Personal Profile information to other Registered Users you are sharing public or personal contact information with respectively informing them of the updates you have provided to your Profile. We have no ability to update any information previously disclosed to any third party.

    The Sites have security measures in place to protect against the loss, misuse and unauthorized alteration of Personal Information in CircleBack's possession and control. For example, whenever the Services request that Registered Users provide information regarding passwords or tokens, that information is encrypted with industry standard encryption techniques. No one, including CircleBack's employees, have the ability to decrypt this information. When you are viewing a secure page within the Sites, such as our user registration form, an icon of a padlock will appear as "locked" at the bottom of web browsers such as Microsoft Internet Explorer, but the same icon will appear as "un-locked" when the user is merely "surfing." We currently use an encryption program known as "SSL," or "Secure Sockets Layer." To learn more about SSL, go to http://www.ssl.com/.

    Furthermore, access to Personal Information is physically restricted within our own offices, so that only certain of our employees are granted access to information as appropriate to perform specific jobs and tasks (e.g., performing customer service). Some information, such as the passwords of Registered Users, is also stored in an encrypted form within our own databases.

    Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Data arising in connection with the theft thereof. Likewise, Registered Users are responsible for safeguarding the confidentiality of passwords to any Services, and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password. If you have any questions about our security measures, you can contact us (see contact information below).

11. Changes to This Policy

    If we change our Privacy Policy, we will post those changes on the Sites so that users are always aware of what information we collect, how we use it, and under what circumstances, if any, we will disclose it. Any such posted changes will be effective upon the date indicated by the posting, but in any event not sooner than seven (7) days after posting.

    Even if we change this policy, we will continue to treat previously collected Personal Information in accordance with the Privacy Policy under which that information was collected, unless we obtain your permission otherwise.

    We may from time to time desire to use Personal Information in a manner different from the policies contemplated herein ("New Uses"). In all such cases, we will contact Registered Users by sending notice to any of the points of contact listed in their Registration Profiles, and offering the opportunity to opt-out of such New Uses. By agreeing to the Terms of Use and/or using the Services, each Registered User agrees that he or she will promptly notify us (and in any case notify us within fourteen (14) days) of his or her preference to opt-out of such New Uses in response to our notice, or else we will consider your non-response to be an affirmative acknowledgement that we have your permission for such New Uses. In any event, your continued access to and/or use of the Sites or Services constitutes your assent to, and acceptance of, this Privacy Policy, including all posted changes and any New Uses for which we have provided notice.

Contact Us

1. Questions or Comments?

   If you have questions or comments, or would like to learn more about CircleBack, please email us at support@Dub Labs.com . If you have any questions or concerns about the Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at: info@CircleBack.com.

2. Technical Support

   If you are experiencing difficulty downloading or utilizing the CircleBack Mobile application, please email support@CircleBack.com.

3. Address

   DubMeNow, Inc.
   (dba Dub Labs)
   8219 Leesburg Pike, Suite 350
   Vienna, VA 22182
   703.448.0000

4. Media

   See news or for press inquiries email press@Dub Labs.com.

© 2012 DubMeNow Inc. – All Rights Reserved.

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CircleBack www.DubLabs.com
8219 Leesburg Pike
Suite 350
Vienna, VA 22182 USA
703.448.0000

© 2012 Dub Labs
All Rights Reserved