Terms of Service

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR THE RADIUS INTELLIGENCE SERVICE (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.

The Service is owned and operated by Radius Intelligence Inc. (“Radius Intelligence”). Radius Intelligence reserves the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on this website (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use the Service following the posting of changes or modifications shall constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.

If you have any question regarding the use of the Service, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to info@radius.com. Any new features that modify, augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account. Although Radius Intelligence prohibits certain conduct and content on the Service, you acknowledge and agree that Radius Intelligence is not responsible for the content available through the Service. You agree to use the Site and Service at your own risk.

  1. 1. Account Terms

    1. You must be a human being. Accounts registered by “bots” or other automated methods are not permitted.
    2. You must provide your correct legal full name, a valid email address, and any other information requested in order to complete the registration process.
    3. Your account may only be used by one individual and is limited to four IP addresses. A single account shared by (or recycled between) multiple individuals is not permitted and, if Radius Intelligence determines that sharing as occurred, Radius Intelligence reserves the right both to charge you for each individual involved and to terminate your access to the Service. You may create separate accounts for different people.
    4. You are responsible for maintaining the security of your account and password. Radius Intelligence cannot and will not be liable for any loss or damage resulting from your failure to comply with your obligations
    5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws, rules or regulations applicable to you (including but not limited to copyright laws and other intellectual property protections).
    6. Repeat trial account signups by a single company or affiliated companies will not be permitted.
    7. Trial accounts that are not accompanied by a working phone number and email will be subject to immediate cancellation without notice.
  2. 2. Use of the Service

    1. Radius Intelligence’s Responsibilities. Radius Intelligence will use commercially reasonable efforts to: (i) provide its basic support for the Service to you at no additional charge, and (ii) make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Radius Intelligence will endeavor to give notice via email notification), and (b) any unavailability caused by urgent maintenance or circumstances beyond Radius Intelligence’s control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
    2. Radius Intelligence Services. Radius Intelligence anticipates that the Service may be available through a variety of evolving platforms such at the Radius Intelligence web service, third party services and applications, and tablet and mobile applications/devices. The geographical areas covered by the Service (“Coverage Areas”) may be modified by Radius Intelligence from time to time at its sole discretion. While Radius Intelligence anticipates that the Coverage Areas will generally increase, Radius Intelligence makes no representations or warranties regarding the Coverage Areas and reserves the right to increase, decrease and modify the Coverage Areas without liability as Radius Intelligence deems appropriate.
    3. Third Party Applications and Services; and Custom Data: If you use or access the Service through a third party application or service or obtain any custom data through the Service, you are responsible for ensuring that you have obtained all necessary rights, licenses and authorizations. You authorize Radius Intelligence to host, transmit, and display custom data. You shall indemnify, defend and hold Radius Intelligence harmless from and against any claim, demand, suit or proceeding made or brought against Radius Intelligence by a third party arising out of your use of the Service in violation of this Agreement, and any claim that your use of the Service infringes or misappropriates the intellectual property or proprietary rights of a third party or violates any law, rule or regulation , and you shall indemnify Radius Intelligence from and against any related damages, losses, liabilities, expenses, attorney fees and costs.
    4. Other: If you use or access the Service through a third party application or service i, you acknowledge and agree that Radius Intelligence may allow such third parties to access your data as necessary for the interoperation of such third party applications and services with the Service. You acknowledge and agree that Radius Intelligence shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by a third party. The Service will allow you to restrict such access by restricting Users from installing or enabling third party Applications for use with the Service.
    5. You are permitted no more than the number of lead synchronizations (aka lead exports) per month to your CRM and no more than the number of results views in list form pursuant to the Service as are specifically provided for in the Service plan you have sign up to and paid, as determined by Radius Intelligence in its discretion. Such numbers are maximums only; you do NOT have the right to carry forward, or obtain credit for, or provide to others, any unused lead synchronizations or result views. For clarity (and without limiting any more general restrictions), you are not authorized to (and you agree not to) provide any leads (or any information in or extracted from or derived from any leads) to any third party, even if you have exported and stored such leads or information in or to another platform (such as salesforce.com). If you would like access to more data than the plans permit, please contact us at info@radius.com.
  3. 3. General Conditions

    1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
    2. You understand that Radius Intelligence uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service
    3. You shall not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any content or web pages or screen contained in or generated by or relating to the Service.
    4. You shall not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any content or web pages or screen contained in or generated by or relating to the Service.
    5. You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service, use of the Service, or access to the Service without the prior written consent of Radius Intelligence.
    6. Radius Intelligence may, but shall have no obligation to, remove content that Radius Intelligence determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
    7. You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    8. You shall not transmit any worms or viruses or any code of a destructive nature.
    9. Radius Intelligence does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the Service will be accurate, timely or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Service will be corrected.
    10. You expressly acknowledge and agree that Radius Intelligence shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Radius Intelligence has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, content or conduct of any third party; or (v) or any other matter relating to the Service. Without limiting the generality of the foregoing, you acknowledge and agree that Radius Intelligence shall not be liable for your use of or reliance on any information obtained through the Service.
    11. The failure of Radius Intelligence to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Radius Intelligence and govern your use of the Service, superseding any prior agreements between you and Radius Intelligence (including, but not limited to, any prior versions of the Terms of Service).
    12. You may not access or use the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
  4. 4. Payment and Refunds

    1. A valid credit card is required to create an account.
    2. You will not be charged for the first 5 days after you sign up for an account. Charges will begin to accrue on the 6th day after you sign up for an account and will continue to accrue until you cancel your account regardless of how frequently or infrequently you use the Service
    3. Your credit card will be charged upon signup for the service, and will be charged thereafter on a monthly basis in advance. Refunds will not be granted for unused time.
    4. Suspension of Service. If any amount owing by you under this or any other agreement for Radius Intelligence’s services is 30 or more days overdue, Radius Intelligence may suspend your use of Radius Intelligence’s services until such amounts are paid in full. Radius Intelligence will give you at least 7 days’ prior notice that your account is overdue before suspending services.
    5. Taxes. Unless otherwise stated, Radius Intelligence’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If Radius Intelligence has the obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you, unless you provide Radius Intelligence with a valid tax exemption certificate authorized by the appropriate taxing authority.
    6. Taxes. Unless otherwise stated, Radius Intelligence’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If Radius Intelligence has the obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you, unless you provide Radius Intelligence with a valid tax exemption certificate authorized by the appropriate taxing authority.
    7. Payment Transaction Handling: All payment processing, storage of credit card information will be handled by Stripe Inc, (www.stripe.com). By utilizing the using the Service, you authorize Radius Intelligence to use Stripe for payment processing.
  5. 5. Cancellation and Termination; Renewal

    1. You are solely responsible for properly canceling your account. You can cancel your account at any time only by clicking on the Account link in the global navigation bar at the top of the screen and then selecting the cancellation link. Such cancellation will be effective immediately.
    2. Radius Intelligence, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Radius Intelligence service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Radius Intelligence reserves the right to refuse service to anyone for any reason at any time.
    3. In the absence of cancelation or termination as provided above, your Services plan will automatically renew (on the then current terms of that plan) at the end of its term.
    4. Notwithstanding anything else, you cannot downgrade your Service plan during term of that plan and, in the case of any cancellation or termination by you or Radius Intelligence, you will not be entitled to any refund and you will remain obligated to promptly pay all amounts that, in the absence of cancellation or termination, would have become due in connection with your Service plan during the full term of that plan.
  6. 6. Modifications to the Service and Prices

    1. Radius Intelligence reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
    2. Prices, maximums and other terms for all services, including but not limited to monthly subscription plans for the Service, are subject to change from time to time. Notice of changes may be provided at any time by posting the changes to the Radius Intelligence website (http://www.radiusintel.staging.wpengine.com) or the Service itself; it is up to you to periodically check the plans and Service information from time to time to be aware of the then current pricing, maximums and terms (and we especially encourage you to do this prior to any automatic renewal of your Service plan).
    3. Radius Intelligence shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  7. 7. Copyright and Content Ownership

    1. All content available through the Service, regardless of whether it is content created by Radius Intelligence or Third Party Content, is protected by applicable copyright and other intellectual property protection laws.
    2. Radius Intelligence does not pre-screen Third Party Content, but Radius Intelligence and its designee have the right (but not the obligation) in their sole discretion to remove any content that is available via the Service.
    3. The copyright of the look and feel of the Service is the sole and exclusive property of Radius Intelligence. All rights are reserved. You may not duplicate, copy, distribute or reuse any portion of the HTML/CSS or visual design elements without the prior written consent of Radius Intelligence.
    4. Radius Intelligence does not warrant, and is not responsible for the legality, quality, accuracy, integrity, fitness, reliability, or availability of any third party applications or services (“Third Party Apps”) that you may purchase or connect to through or with the Service, or any descriptions, or promises related to the foregoing. Your agreement to use such Third Party Apps shall be solely between you and such third party provider. If you install or enable Third Party Apps for use with the Service, or access the Service from the Third Party Apps, You acknowledge Radius Intelligence may access and use your data and basic account information as necessary for provisioning and, or interoperation of such Third Party Apps with the Service. If you do not want to permit the exchange of your data or account information with Third Party Apps, the Service allow you to restrict such access by not enabling or by disabling such Third Party Apps for use with the Service.
  8. 8. Copyright and Limited License

    Unless otherwise expressly indicated in the Service, the Service and all content and other materials provided through the Service, excluding Third Party Content but including, without limitation, any and all logos, designs, text, graphics, pictures, information, data, software, sound files, other files, any selection and arrangement of any of the foregoing and anything else accessible via the Service (collectively, the “Service Materials”) are the proprietary property of Radius Intelligence or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Service, (except where prohibited without a license) and print to hard copy portions of the Service Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include (and you agree not to engage in): (a) any resale or commercial use or redistribution of the Service or any Service Materials or Third Party Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Service Materials or Third Party Content, (d) modifying or otherwise making any derivative uses of the Site, any Service Materials, any Third Party Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Service Materials, the Third Party Content or any information contained therein, except as expressly permitted on the Service; (g) any use of the Service or any Service Materials or Third Party Content other than for its intended purpose; (h) any use of any Service or the Service Materials or Third Party Content in connection with the design, creation or distribution of physical materials (for mailing, marketing or any other purpose); or (i) any activity with respect to the Service or any Service Materials or Third Party Content that is not in compliance with all applicable laws and regulations (including, without limitation, all national, state, local and other laws and regulations relating to physical mailing or emailing or spam) and all of Radius Intelligence’s contractual obligations to third parties. Any use of the Service or the Service Materials or Third Party Content other than as specifically authorized herein, without the prior written permission of Radius Intelligence, is strictly prohibited and will terminate the license granted herein and your account. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  9. 9. Trademarks

    RADIUS INTELLIGENCE and Radius Intelligence logos and any other product or service name or slogan contained in the Service are trademarks of Radius Intelligence and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Radius Intelligence or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Radius Intelligence” or any other name, trademark or product or service name of Radius Intelligence without Radius Intelligence’s prior written permission. In addition, the look and feel of the Service and Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Radius Intelligence and may not be copied, imitated or used, in whole or in part, without Radius Intelligence’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Radius Intelligence.

  10. 10. HYPERLINKS AND THIRD PARTY CONTENT

    Most of the content available through the Service is created by third parties (“Third Party Content”), and the Service contains links to third-party websites that are not affiliated with Radius Intelligence. Radius Intelligence makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content or third-party websites accessible by hyperlink from the Service, or websites linking to the Site or Service. Such sites are not under the control of Radius Intelligence and Radius Intelligence is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Radius Intelligence provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Radius Intelligence of any site or any information contained therein. When you leave the Service, you should be aware that Radius Intelligence’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.. Radius Intelligence does not monitor or have any control over any Third Party Content. Radius Intelligence does not endorse or adopt any Third Party Content and makes no guarantee as to its accuracy, timeliness or completeness. Radius Intelligence does not represent or warrant the accuracy of any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

    Advertisements and Promotions; Third-Party Products and Services Radius Intelligence may run advertisements and promotions from third parties on the Service or may otherwise provide information about or links to third-party products or services on the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Radius Intelligence is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Radius Intelligence advertisers or third party information on the Service.

Last updated: April 19, 2013