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Radius Advisory Group – Terms and Conditions of Use

Welcome to the website for Small Business Exchange (“Website”), a service of Radius Advisory Group LLC (“Radius”). The following terms and conditions (together with any documents referred to in them) represent a contractual agreement between you and Radius that applies to your use of the Website, including any content, functionality and services offered on or through the Small Business Exchange.

Acceptance of these Terms and Conditions, means you agree to pay a one-time service fee of $365.00 USD to Radius Advisory Group LLC (“Radius”) for a 1 year term of service and access to the curated content of the Small Business Exchange. Service fees required by additional vendors on the site are not included in the one-time administrative fee. Access to the site will begin on the date payment is received.

Radius Advisory Group agrees to notify you in advance of your service term expiration date so that you may decide whether to continue services.

Your use and feedback about the Small Business Exchange is important to us. Should you have any questions, concerns, feedback or requests concerning the Small Business Exchange, we invite you to reach us via the email inquiry boxes via email at information @radiusag.com or by calling our Client Service Center at (616) 229-0531.

 Acceptance of the Terms of Conditions and Use

Please read the Terms and Conditions of Use carefully before you access the Small Business Exchange. By using the Small Business Exchange website and by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy with respect to the services and payment of the $365.00 USD administrative fee for 1 year of service. If you do not want to agree to these Terms of Use or the Privacy Policy, we expect you to exit the Small Business Exchange site.

Privacy Policy 

Radius does not disclose nonpublic personal information about its consumers or former consumers to anyone, except as permitted by law. The law permits disclosure of nonpublic personal information. The law also permits such sharing where it is released to protect the confidentiality or security of our records pertaining to our consumers, the services or products we offer, or the transactions we process or handle. The law also allows for the release of nonpublic personal information to protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims or other liability, as well as for resolving consumer disputes or inquiries. The law further allows the release and/or disclosure of nonpublic personal information to comply with federal, state or local laws or regulations or other legal requirements, such as subpoenas or other legal processes. This list of examples of the types of sharing of information that is permitted by law is not meant to be comprehensive but provides you with some basic information on some of the types of sharing permitted by law.

 Radius does not sell to or exchange consumer lists or consumer information with third parties.

 Radius restricts access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We also maintain physical, electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

 By providing us a telephone number (including a mobile telephone number), you consent to allow us to reach you should any issue arise with your account. Users may also call Radius or email us for assistance, as indicated in previous paragraphs of this agreement.

 Accessing the Website and Account Security 

By using the Website, you represent and warrant that you are 18 years or older and of legal age to form a binding contract with Radius.

 We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice, except as otherwise required by law. We will not be liable if, for any reason all, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including, but not limited to registered users.

 You are responsible for ensuring that all persons who access the Website through your mobile device or internet connection are aware of these terms of use, have agreed to the terms of use, and that they comply with them.

 To access the Website or some of the resources they offer, you may be asked to provide certain registration, identification and authentication details or other information. It is a condition of your use of the Website that all the information you provide to us is correct, current and complete at all times.

 If you become a registered user of our services and you choose, or you are provided with, a user name, password, personal identification number (“PIN”), or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Radius of any unauthorized use of your username or password, PIN or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree that you are only allowed to create and maintain one registered user account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 We have the right to disable any user identification code or password, whether chosen by you or provided by us, in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

 

Credit Card Transaction Process

  • The User browses to the on the Radius Advisory Group’s Small Business Exchange Register page
  • Upon deciding to purchase the one-year service, User enters in their credit card information and checks off the terms and conditions displayed
  • The payment information is then securely transmitted and the transaction is complete
  • User now has access to our services

Payment Authorization

When you initiate and submit an online payment transaction on the Website, you authorize Radius to charge your designated credit or debit card for the amount of Radius’s fee for our services. 

 

  Online Payment Transactional Restrictions

The service available through the Website is limited to online service payments at a minimum amount of $365.00 USD per transaction.  The maximum amount per transaction may vary. Radius may establish any and all transactional restrictions applicable to online payments in its sole discretion and may change such restrictions from time to time. We will provide you with any legally required notice, which we may post on the Website legally required notice, which we may post on our website.

 Intellectual Property Rights

 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Radius, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 You are permitted to use the Website for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Website for a permitted use.

 You must not (a) modify copies of any materials from the Website; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

 You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to or use of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on such platforms is transferred to you, and all rights not expressly granted are reserved by Radius. Any use of the Website not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws.

 

Company Trademarks 

Radius’s name, and all related names, logos, product and service names, designs and slogans are trademarks of Radius or its affiliates or licensors. You must not use such marks without the prior written permission of Radius. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. 

Monitoring and Enforcement; Termination

 We have the right in our sole discretion to (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (b) suspend or terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these terms of use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone effecting a transaction on or through the Website.

 Changes to Website and Procedures

 We may modify or update the website procedures from time to time, in Radius’s sole discretion, with or without notice, except as required by law. We may suspend access to the website or close it.

Information about You and Your Visits to the Website

 All information we collect on the Website is subject to our privacy policy. You represent and warrant that all data provided by you is accurate.

 Links from the Website

 If the Website contain links to other sites and resources provided by independent third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods or services you may purchase or obtain from them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 Persons Under 18

 The service is intended for the use by users who are eighteen (18) years of age or older. Please note that the service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases) is not intended for use by persons under eighteen (18) years of age. If it comes to our attention through reliable means that a user is a child under eighteen (18) years of age, we will cancel that user’s account and will delete all information regarding such user from our system and records.

 Disclaimer of Warranties

 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, mobile equipment, computer programs, data or other proprietary material due to your use of the Website app or any services or items obtained through the Website.

 Your use of the Website, its content and any services obtained through the Website are at your own risk. The Website, its content and any services obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either expressed or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, except to the extent required by law, neither Radius nor anyone associated with Radius represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website, or any services or items obtained through the Website will otherwise meet your needs or expectations.

 

Radius hereby disclaims all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 Indemnification

 You agree to defend, indemnify and hold harmless Radius, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these terms of use or your use of the Website, including, without limitation, any use of the Website’s content or services other than as expressly authorized in these terms of use or your use of any information obtained from the Website, or your negligence, fraud or willful misconduct.

 

Governing Law and Jurisdiction

 These terms of use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

 Dispute Resolution and Binding Arbitration

 Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Radius and you is subject to arbitration.

 Agreement to Arbitrate for Radius Users Located in the United States or Canada. For Radius users located in the United States or Canada, Radius and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Radius and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Radius and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.

 The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. 

 “Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

 Limitation on Time to File Claims

 Any cause of action or claim you may have arising out of or relating to these terms of use, the Website must be commenced within (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

Waiver and Severability 

No waiver of these terms of use by Radius shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Radius to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

 If any provision of these terms of use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.

 Entire Agreement

 The terms of use, our privacy policy, and your receipt of services constitute the sole and entire agreement between you and Radius with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 Changes to the Terms of Use

 We may revise and update these terms of use from time to time in our sole discretion by posting a revised version on the Website. Except as otherwise required by law, the revised version will be effective at the time we post it. You are expected to check the Website from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Website following the posting of revised terms of use means that you accept and agree to the changes.