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These Terms and Conditions of Use (the “Terms”) apply to the website owned, operated, and maintained by or on behalf of RadiusXR, Inc., and its affiliates (collectively, “RadiusXR” or “we” or “us”) and the products, content, services data, software, and tools accessed or made available through RadiusXR’s website (the “Site”).
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS OF USE CAREFULLY.
Please read the Terms carefully before you start to use the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND ANY POLICIES OR ADDITIONAL TERMS REFERENCED HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.
These Terms govern your access to and use of the Site, including any content, functionality, services offered on the Site. By using the Site, you agree to be bound by these Terms, as they may be amended or updated from time to time, as further described below. These Terms do NOT govern any agreement with you for RadiusXR’s commercial services, which are subject to separate agreement.
RadiusXR reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE. If you comply with these Terms, RadiusXR grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
RadiusXR reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Site is not designed or intended to collect information from children under the age of 16. RadiusXR does not knowingly collect or maintain any information from children under the age of 16. The Site is not designed with the purpose of attracting any person under age 16. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, if you are under the age of 16, you should only use the Site with the involvement of a parent or guardian.
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. RadiusXR reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
RadiusXR’s Site provides no information which can be used for investment and/or transactional decisions. The Site Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Site Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action based on the Site Content.
For purposes of these Terms, “Site Content” includes any materials, content, or information contained or displayed on the Site, including text, graphics, logos, button icons, images, audio clips, information, data, feedback, software, and other intellectual property accessible through the Site. Users may not use, reproduce, distribute, modify, or otherwise exploit any Site Content without the express written permission of RadiusXR.
Your use of the Site is subject to restrictions intended to protect the rights of RadiusXR and others. You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of RadiusXR or others. You also agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. The following actions are prohibited by RadiusXR unless specifically authorized in writing:
RadiusXR reserves the right to bar and/or prevent any prohibited use of the Site.
Any content, information, or materials you submit, post, or upload to the Site (“User Submissions”) are subject to the following terms:
All content including text, graphics, images, music, software, and other materials contained on the Site are the copyrighted works of RadiusXR, its licensors, or authorized third parties protected by U.S. and international copyright laws. Users are granted a limited license to access and use the Site content for personal and non-commercial purposes only. Users may not reproduce, distribute, modify, republish, download, or use Site content for any other purpose without the express prior written permission of RadiusXR. The selection, arrangement, taxonomy, and look and feel of Site Content is the exclusive intellectual property of RadiusXR and is protected by copyright and other laws. Any unauthorized use of Site Content violates RadiusXR’s intellectual property rights.
The trademarks, logos, service marks, trade names, and trade dress (collectively, “Trademarks”) displayed on the Site are either registered or unregistered Trademarks of RadiusXR, its affiliates, or third parties who have authorized their use. You may not use any Trademarks displayed on the Site without the express written permission of RadiusXR or the applicable third-party owner. Unauthorized use of Trademarks appearing on the Site would violate U.S. and/or international trademark laws and could result in legal action.
All software used to create or provided on the Site, including but not limited to code, images, audio, text, layouts, arrangements, displays, illustrations, artwork, graphics, html designs, cascading style sheets, and audio-visual files, is the property of RadiusXR, its software suppliers, or licensed third parties protected by copyright and other intellectual property rights laws. Users may not circumvent any digital rights management or other protective features of Site software.
We welcome any feedback, ideas, comments, recommendations, or other information you choose to provide related to the Site or Services. By submitting feedback, you grant Company a perpetual, worldwide, unlimited, royalty-free license to use, exploit, reproduce, incorporate, distribute, and sublicense any feedback for any purpose, without any obligation or compensation to you. However, you retain ownership of any intellectual property rights you may have in such feedback content.
Your use of this Site is subject to RadiusXR’s current Privacy Policy as posted on the Site and updated from time to time. The Privacy Policy is incorporated into these Terms by this reference. You can review the current version of the Privacy Policy by clicking here.
We strive to protect your information, but no data transmission over the Internet can be guaranteed to be completely secure. By using this Site, you acknowledge and accept the inherent risks associated with online data transmission. While we take reasonable precautions, RadiusXR cannot be held responsible for any interception, interruption, or other issues that may occur. You agree to waive any claims against RadiusXR related to the security of your data while using this Site.
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RadiusXR’s control, and RadiusXR is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
The Site may feature, promote, or reference products, services, or content from third parties (“Third-Party Content”). This Third-Party Content is not under the control of RadiusXR, and RadiusXR is not responsible for the quality, accuracy, reliability, or any other aspect of these Third-Party Content. The inclusion or promotion of Third-Party Content on the Site does not imply endorsement by RadiusXR. You engage with Third-Party Content at your own risk and are solely responsible for any resulting transactions, interactions, or disputes.
RADIUSXR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RADIUSXR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RADIUSXR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RADIUSXR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RADIUSXR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RADIUSXR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE AND SITE CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, RADIUSXR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
You agree to defend, indemnify and hold harmless RadiusXR (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site and Site Content; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any User Submissions you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site or Site Content.
RadiusXR may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RadiusXR’s rights or property, or the rights or property of visitors to or users of the Site, including RadiusXR’s customers. RadiusXR always reserves the right to disclose any information that RadiusXR deems necessary to comply with any applicable law, regulation, legal process, or governmental request. RadiusXR also may disclose your information when RadiusXR determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that RadiusXR may preserve any transmittal or communication by you with RadiusXR through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or RadiusXR determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of RadiusXR, its employees, users of or visitors to the Site, and the public.
You agree that RadiusXR may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to RadiusXR, for which monetary damages would be inadequate, and you consent to RadiusXR obtaining any injunctive or equitable relief that RadiusXR deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies RadiusXR may have at law or in equity.
If RadiusXR does take any legal action against you because of your violation of these Terms, RadiusXR will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to RadiusXR. You agree that RadiusXR will not be liable to you or to any third party for termination of your access to the Site because of any violation of these Terms.
You agree that RadiusXR may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If a dispute should arise between you and RadiusXR, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Please contact us at info@radiusxr.com or call us at (855) 207-6665. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SEPHORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Alameda County, California.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RadiusXR reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
By submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of RadiusXR, you expressly consent to receive marketing and/or non-marketing text messages from RadiusXR and any and all others texting on or behalf. Text messages sent may utilize or be sent using an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines that may use an automated procedure or process for sending messages, at the mobile telephone number provided. You may opt‑out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services.
These Terms constitute the entire agreement between you and RadiusXR regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and RadiusXR with respect to such use are hereby superseded and cancelled.
RadiusXR’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by RadiusXR of any provision or any right it has to enforce these Terms, nor shall any course of conduct between RadiusXR and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
You may not use or export or re-export any Site Content or any copy or adaptation of such Site Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If you have any questions about these Terms, please contact us:
RadiusXR, Inc.
5994 W. Las Positas Blvd Suite 219
Pleasanton, CA 94588
United States
Phone: (855) 207-6665
Email: info@RadiusXR.com
RadiusXR is the owner of patent 10,444,833
For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.
