PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Use of Site
Subject to your use in accordance with these terms and conditions (the “Terms and Conditions"), Radial hereby authorizes you to view and access the materials at this Web site ("Web Site") for your personal, non-commercial use only. Radial reserves the right to change any or all features, content, information, or other aspects of this Web Site at any time and from time to time without notice. All trademarks, trade names, logos, and service marks used on this Web Site ("Trademarks") are Trademarks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any such Trademarks displayed on this Web Site without the prior written permission of Radial or such third party owner. You may only copy the materials on this Web Site if you retain all copyright and other proprietary notices contained in the original materials on all copies of the materials. You may not modify the materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms and Conditions, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited. The materials at this Web Site are copyrighted and any unauthorized use of any materials at this Web Site may violate copyright, trademark, and other laws. If you breach any of these Terms and Conditions, your authorization to use this Web Site automatically terminates and you must immediately destroy any printed or copied materials. Notwithstanding the foregoing, Radial and each of its affiliates reserves all legal rights and remedies which they may have in connection with any unauthorized use of this Web Site or the materials or Trademarks located herein.
Other than personally identifiable information, which is subject to this Web Site’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner is and will be considered non-confidential and non-proprietary ("User Communications"). Radial, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Radial may, but is not obligated to, monitor or review any User Communications. Radial shall have no obligations to use, return, review, or respond to any User Communications. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, offensive, pornographic, or other material that would violate any law. Radial will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Radial retains the right to remove any or all User Communications that includes any material Radial deems inappropriate or unacceptable.
Links to Other Web Sites
From time to time, this Web Site may contain links to other Web sites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Radial nor any of its affiliates is responsible for any content, materials or other information located on or accessible from any such Web site. Neither Radial nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do this entirely at your own risk.
Links to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without Radial’s prior written permission is prohibited. Running or displaying this Web Site or any material displayed hereon from this Web Site in frames or through similar means on another Web site without Radial’s prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws.
DISCLAIMER. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RADIAL NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS WEB SITE. THE MATERIALS AND SERVICES AT THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER RADIAL NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE MATERIALS OR SERVICES AVAILABLE THROUGH THIS WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN SUCH CASES, RADIAL’S LIABILITY WILL BE LIMITED AS SET FORTH IN THE LIMITATION OF LIABILITY SECTION BELOW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY. IN NO EVENT WILL RADIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAILPARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR MISUSE, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT RADIAL IS LIABLE FOR ANY DAMAGES, ITS LIABILITY WILL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. IN THE EVENT THE FOREGOING LIMITATIONS ARE NOT PERMITTED, RADIAL'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO RADIAL’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
Disputes and Arbitration Agreement
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
If for any reason a claim proceeds in court rather than in arbitration YOU AND RADIAL BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless you and Radial both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises Radial strongly encourages you to first contact Radial before starting arbitration or filing a claim in small claims court. Radial values its relationships with its customers and will try to resolve your claims informally and quickly.
If your dispute is not resolved by before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:
Attn: Legal Counsel
935 First Avenue
King of Prussia, PA 19406
By phone: (610) 491-7000
By fax: (610) 265-1730
By email: email@example.com
If the claim has not been resolved within thirty (30) days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.
Limitation on Statute of Limitations
To the extent permitted by law, you agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or this Web Site must commence within one (1) year after the cause of action arises or such cause of action is discovered after reasonable diligence; otherwise, such cause of action shall be permanently barred.
Applicable Laws; Jurisdiction
This Web Site is administered by Radial from its offices in King of Prussia, Pennsylvania. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the Commonwealth of Pennsylvania or the United States District Court of Pennsylvania.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Radial’s designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Radial site, with enough detail that we may find it on Radial’s website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Radial’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attn: Radial Registered Agent
935 First Avenue
King of Prussia, PA 19406
By phone: (610) 491-7000
By fax: (610) 265-1730
By email: firstname.lastname@example.org
Radial has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Radial and/or others.
Revisions to these Terms and Conditions. Radial may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Last Revised September 26, 2016