PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.
Effective date: 11/12/14
Welcome to Radius Intelligence. These Terms of Service (“Terms”) govern your use of our website at www.radius.com (the “Website”), but they don’t govern your use of our data analysis products and services (collectively, our “Services”), even though those Services may be available through a login page on the Website. Use of the Services is governed by a different agreement.
These Terms are a binding contract between you and Radius Intelligence, Inc. (“Radius,” “we” and “us”). Your using the Website in any way means that you agree to all of these Terms. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website. If you use the Website after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. If you have any questions, comments, or concerns regarding these terms or the Website, please contact us at firstname.lastname@example.org.
Do not use or otherwise interact with the Website in a way that:
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website.
You understand that Radius owns the Website. The materials displayed or performed or available on or through the Website, including, but not limited to, text, data, articles, images, and any User Submissions (defined below) (collectively, “Content”) are protected by copyright and/or other intellectual property laws. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Radius’s) rights. The Website may allow you to copy or download certain Content; remember that even though this functionality exists, all the restrictions above still apply.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Radius, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to prohibit use of the Website by repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Website?
Any information or content publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. You hereby release us from all liability for you having acquired or not acquired Content through the Website. We can’t guarantee the identity of any users with whom you interact in using the Website and are not responsible for which users gain access to the Website. You are responsible for all Content you contribute, in any manner, to the Website, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Website.
If there is a dispute between participants on the Website, or between users and any third party, you agree that Radius is under no obligation to become involved and you release Radius, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to indemnify and hold Radius, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, damages, losses and expenses (including attorneys’ fees) arising from or related to your use of the Website and/or your violation of these Terms.
We may suspend or discontinue any part of the Website, and we reserve the right to remove any Content from the Website at any time, for any reason and without notice.
What if I want to stop using the Website?
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes.
What else do I need to know?
Warranty Disclaimer. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE WEBSITE AND CONTENT ARE PROVIDED BY RADIUS ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL RADIUS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE IN CONNECTION WITH THE WEBSITE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED DOLLARS ($100) (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Radius and you hereby consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Radius agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Radius, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (provided that if you are (or become) a party to an Agreement with Radius with respect to your use of the Services (the “Services Agreement”), the Services Agreement remains in full force and effect with respect to the subject matter thereunder). You are not an employee, agent, partner, or joint venture of Radius, and you do not have any authority of any kind to bind Radius in any respect whatsoever. There are no third party beneficiaries intended under these Terms.
Last updated: 11/12/14
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