Terms of Service

This website is operated by Radicle Innovation, LLC (“Radicle Innovation,” “we”, “us” or “our”). Radicle Innovation allows you to access this website (www.RadicleInnovation.com) including all online portals, information, content, tools and services accessible through from this website (collectively, “Site”), conditioned upon your acceptance of all terms, conditions, policies and notices set forth below or referenced below through hyperlink or reference (collectively, “Terms” or “Terms of Service”).

By visiting our Site, registering with our Site, or purchasing something from us, you have received a service from us (“Service”), and you hereby accept and agree to be bound by these Terms of Service. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. If you do not agree to all the terms and conditions provided in these Terms of Service, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You may be bound by additional terms and agreements if you engage in transactions with us (“Sales Terms”). For example, if you order products or services for a price, we may require that you agree to certain Sales Terms related to such order. We may present the Sales Terms to you through a webpage associated with such order (including, without limitation, a click-through agreement), or through email, facsimile or mail.

Any new features or tools which are added to the Site’s store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes, constitutes your acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You shall not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We may, through our Site, enable you to create a Radicle Innovation user account. You will be responsible for all activities that occur under your Radicle Innovation accounts. You may be required to choose a password and a user name. Access to and use of password-protected or secure areas of the Site are restricted to authorized users only. You agree not to share your passwords, account information, or access to the Site with any other person. You will be responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Site. You agree to notify Radicle Innovation immediately of any use of your passwords or accounts that you did not authorize or that is not authorized by these Terms.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We will not be responsible for the inaccuracy, incompleteness or outdated state of any information made available on this Site. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Sales Terms.

We have made reasonable efforts to display as accurately as possible the colors and images of our products that appear at the Site’s store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

Subject to the Sales Terms, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel digital items purchased per person, per household or per order. Any such limitation shall apply to orders placed by or under the same customer account or the same credit card. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you via the e-mail you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at or through our Site.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

SECTION 9 - INTELLECTUAL PROPERTY

The marks and designs displayed on our Site are the trademarks, service marks, trade dress and designs of Radicle Innovation. All content, text, images, audio and video included or accessible on our Site are owned or licensed to Radicle Innovation and are protected by United States and international copyright laws and other intellectual property laws. You shall not use, copy, reproduce, alter, transfer, download or transmit, in any form, such trademarks, trade dress, designs, content, text, images, audio or video without the express prior written consent of Radicle Innovation. All rights are reserved by Radicle Innovation. Your violation of any of such restrictions may subject you to penalties and liabilities under copyrights laws, trademark laws, and civil and criminal statutes.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you have any intellectual property (including, without limitation, concepts, ideas, inventions, works of authorship, information, suggestions, proposed product or service improvements, and contest-related submissions) that you would like to submit to Radicle Innovation, you shall not submit such intellectual property to Radicle Innovation unless: (a) your submission is limited to a copy of your U.S. patent application which you have previously filed with the United States Patent and Trademark Office (“PTO”), together with a copy of the PTO’s acknowledgement receipt or filing receipt; or (b) you and Radicle Innovation have previously signed a written agreement regarding the disclosure of such intellectual property to Radicle Innovation (“Invention Submission Agreement”). If and when you disclose any such intellectual property to Radicle Innovation without satisfying such requirement, you hereby grant to Radicle Innovation, a perpetual, irrevocable, worldwide, sublicensable, royalty-free, paid-up, non-exclusive license to use and commercialize such intellectual property for any purpose and in any way, including the right to give such intellectual property to others, and Radicle Innovation shall have the full right to publically disclose such intellectual property to any third party or other person for any purpose.

We may provide various open communication tools on our Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that it might not be feasible for us to pre-screen or monitor all content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. We will have the right, but not the obligation, to monitor, edit and remove any content posted to the Site for any reason, including inconsistency with our business purposes, business standards or legal compliance policies.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We are and shall be under no obligation to respond to any of your comments.

SECTION 11 - PERSONAL INFORMATION

Radicle Innovation is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Radicle Innovation's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with our Privacy Policy. You understand that Radicle Innovation may collect, use, process, possess, and otherwise store your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We will have no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. You acknowledge that, despite any specified update or refresh date applied in the Service or on any related website, it is possible that the information in the Services or on any related website may still be outdated or inaccurate.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to carry out any unlawful, offensive, threatening, libelous, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, pornographic or obscene act; (l) to perform, directly or indirectly, any unauthorized or unsolicited advertising; (m) to access or attempt to access any of the Services by any means other than through the means we provide; (n) to engage in any activity that disrupts or interferes with our Services, including the servers and networks involved in the operation of our Services; or (o) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE MAKE NO WARRANTY THAT: (A) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (B) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (C) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND RESOURCES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US IN ANY SALES TERMS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL RADICLE INNOVATION, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT ANY OF THE PROVISIONS UNDER THIS SECTION 14 ARE HELD TO BE LEGALLY INVALID, SUCH PROVISIONS SHALL NOT APPLY. ALL OTHER PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Radicle Innovation and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of: (a) your breach or violation of these Terms of Service, the documents they incorporate by reference, the Sales Terms, the Invention Submission Agreement or any additional rules or terms of use posted for a specific area of the Site or content provided on or through the Site; (b) your violation of any law or the rights of a third-party; or (c) the content you share or post. You shall cooperate as fully as reasonably required in Radicle Innovation's defense of any such claim. Radicle Innovation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Radicle Innovation.

SECTION 16 - EXPORT RESTRICTIONS/LEGAL COMPLIANCE

You may not access, download, use or export the Site, or the content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any Services of Radicle Innovation in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the Services outside the U.S. Neither the Services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

Radicle Innovation may, in its sole discretion, at any time terminate or limit your access to the Services, the Site, any areas of the Site or any content provided on or through the Site. You may terminate these Terms of Service at any time by ceasing your use of the Site and Services and notifying us that you no longer wish to use our Site and Services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Upon such termination, we may deny you access to our Services (or any part thereof). You agree that Radicle Innovation shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Site or any content, including content that you may have shared. Your obligations and liabilities incurred prior to such termination shall survive the termination of these Terms of Services for all purposes.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services, constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service, any separate agreements whereby we provide you Services, including any Sales Terms, and your use of the Site shall be governed by and construed in accordance with U.S. federal law or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, the Site or content shall be instituted in State Court in Onondaga County, New York or in the United States District Court for the Northern District of New York. You and Radicle Innovation agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service, constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact Radicle Innovation by sending an email to administrator@RadicleInnovation.com or by sending mail according to the contact information posted at our Contact Us page.

Last Revised: 12 November 2015