Terms of Use • Radious.pro

Radious Terms of Use

Last Updated: April 30, 2021

Welcome to Radious!

The Radious Service provides an online platform allowing its users (our "Members") to publish, offer, search for, and book locations ("Workspaces") for use as temporary office space. "Hosts" are Members who publish and offer Workspaces through the use of online listings ("Listings"), while "Guests" are Members who search through Listings or book Workspaces. As a Guest, you can find a private, quiet office space out of the house you can feel safe in, and, as a Host, you can adapt your space into a productive office environment, generating rental income as a result.

The following terms and conditions, including any other agreements or policies expressly incorporated by reference (collectively, these "Terms of Use") are entered into by and between you and Radious ("Radious", "we", or "us") and constitute a binding legal agreement governing your access to and use of the website located at radious.pro, including any content, functionality, and services offered on or through radious.pro, our mobile and smart device applications, and any other associated services that enable you to book a Workspace through our website or apps (the "Radious Service"), whether as a guest or a registered Member.

Please read these Terms of Use carefully before you start to use the Radious Service. By using the Radious Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and any other agreements or policies expressly incorporated by reference in these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Radious Service.

Radious' Role

As the provider of the Radious Service, Radious does not own, control, offer, or manage any Listings or services provided by Hosts, including but not limited to the provision of Workspaces. Contracts for the use of Workspaces are directly between Hosts and Guests, and Radious is not a party to those contracts. Further, Radious is not a real estate broker or insurer and is not acting as an agent in any capacity for any Member and, as a result, has no authority to act on behalf of any Member, except as expressly detailed in the Payment Terms section below.

The Radious Service enables Members to publish, offer, search for, book, and review Workspaces. While we strive to ensure that the Radious Service exceeds our Members expectations, we do not and cannot control the conduct of Guests and Hosts. Radious has the right, but no obligation, to monitor and verify that Member use of the Radious Service complies with these Terms of Use. Members acknowledge and agree that Radious administers its policies, including those included in these Terms of Use, and decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Radious and to take such actions and provide such information as may be reasonably requested by Radious with respect to any investigation or actions undertaken by Radious regarding the use or abuse of the Radious Service.

Hosts are solely responsible for their Listings and for their Workspaces. Radious does not guarantee the accuracy, existence, quality, safety, suitability, or legality of any Listings, Workspaces, Member ratings, reviews, or other Content, or the performance or conduct of any Member or third party, including but not limited to Hosts and Guests. You should always exercise due diligence and care when deciding whether to book and use a Workspace, create a Listing, or communicate and interact with other Members.

You, to the maximum extent permitted by applicable law, assume the entire risk arising out of your access to and use of the Radious Service and any Content, including your use of any Workspace or any other interaction you have with other Members.

Host Terms

Your Listing must include complete and accurate information about your Workspace, the price to be charged, any additional charges such as cleaning fees, any deficiencies or limitations of your Workspace, any additional rules or requirements that apply to your Workspace or the Guests who book or might book your Workspace, and any other pertinent information required by Radious. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Radious Service. You must keep your Listing information and content accurate at all times, including but not limited to amenities associated with and calendar availability for your Workspace.

You are responsible for maintaining your Workspace and any associated amenities so that Guests may reasonably use them as provided in the associated Listing. Workspaces and all amenities associated with Workspaces must be in good working order and provided to Guests in a safe, clean, and usable condition. Except as specified in the applicable Listing, all water, electricity, HVAC, and other utility services (including but not limited to WiFi internet access) provided by you with the Workspaces must be provided at no additional cost.

When you accept a booking request, or receive a booking confirmation through the Radious Service, you are entering into a contract directly with the Guest making such request or confirmation. When you receive a booking confirmation, you are required to provide use of the Workspace to the Guest and are responsible for delivering your Workspace under the terms and at the price specified in your Listing. You are also agreeing to pay all applicable fees, including Radious Fees, for each booking as specified in these Terms of Use. Any terms, policies or conditions that you include in any contract with Guests must be be clearly disclosed in your Listing and consistent with both the description of your Listing and consistent with these Terms of Use.

Your relationship with Radious is that of an independent, third-party contractor. You are not an employee, agent, joint venturer or partner of Radious for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Radious. Radious does not, and will not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of any Listing. You acknowledge and agree that you have complete discretion whether to list a Workspace or engage in other business or employment activities, including but not limited to using the Radious Service. Radious makes no guarantees that your Workspace will be booked by a Guest or that you will make a profit by doing so. As between you and Radious, any costs associated by you to prepare, furnish, or provide a Workspace will be your sole responsibility.

You are responsible for understanding and complying with any and all laws, rules, regulations, and contracts with third parties that apply to your Listing and Workspace, including but not limited to rules and zoning or other laws that might prohibit or restrict rental of properties, short-term or otherwise. Any information we may provide regarding legal requirements is for informational purposes only. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms of Use. You are required to obtain insurance appropriate for your Listing and understand the limitations and exclusions of such insurance.

As a Host, you are also responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable direct or indirect taxes, occupancy taxes, income, or other taxes ("Taxes").

You acknowledge that hosting a Workspace carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Radious Services, offering and contracting your Workspace with Guests, or any interaction you have with other Members. You agree that you have had the opportunity to investigate the Radious Service and any laws, rules, regulations, or obligations that may be applicable to your Listings and provision of Workspace and that you are not relying upon any statement of law made by Radious.

Accounts

To use many features of the Radious Service, you must create an account. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Radious Service under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information current and accurate. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for all activities conducted through your account and must immediately notify Radious if you suspect that your credentials have been lost or stolen or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Guest Terms

When you book a Workspace, you are entering into a legally binding agreement directly with the applicable Host and are agreeing to pay all charges for your booking including the Listing price, applicable fees, including but not limited to any Radious Fees and taxes, and any other items identified during the booking process. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host.

Your reservation for a Workspace constitutes a limited right to enter, occupy, and use the Workspace for the day and time specified in the reservation. Your reservation does not constitute a lease or grant you any additional rights in the Workspace. The Host retains the right to enter the Workspace during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. A reservation does not provide you with access or use of the Workspace other than the specified reservation time and as described in the Listing. If you stay past the time that you have agreed to with the Host, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.

Your use of the Workspace must not exceed any limitations identified in the reservation. You agree that you will use the Workspace in a respectful manner, including limiting noise and respecting your Host and any other Guests that may be using the Workspace. You are responsible for and will be liable for any damage you cause to the Workspace or any related amenities (whether intentional or not) and will promptly notify the Host of any damage done to same. You agree to share the Workspace with the Host and other Members, as may be specified and allowed in the Listing, and you agree to leave the Workspace in substantially the condition the Host provided it to you. All cancellations and any refunds that may be available to you are subject to these Terms of Use.

You may not bring any additional individuals to a Workspace, unless explicitly allowed in the Listing. If visitors are allowed by the Host, you are subject to all applicable rules defined by the Host in the Listing, including limitations on the number and duration of such visitors. Visitors must be accompanied by a Member throughout their time at the Workspace. The Guest inviting the visitor is responsible for all acts or omissions of such visitor.

A reservation provides the use of a Workspace as described in the Listing and this Agreement.

Payment and Fees

Radious will charge fees (and applicable taxes) to Members, both Hosts and Guests, for use of the Radious Service. Except as otherwise expressly provided either in these Terms of Use or on the Radious Service, such fees are non-refundable. The Radious Fees associated with each Workspace listing will be detailed and provided to Host during the process of creating a listing, and Host will have an opportunity to review and accept such Radious Fees prior to finalizing each listing. The total amount charged to Guest for booking a Workspace, including but not limited to the fees for each booking and the associated Radious Fees, will be detailed and provided to Guest during the process of booking each Workspace, and Guest will have an opportunity to review and accept such fees prior to finalizing each Workspace booking. Radious reserves the right in its sole discretion to change the standard Radious fees to Members at any time. Members will be provided at least 7 days’ notice of any such changes before they become effective, and such changes will not affect bookings made prior to the effective date of the change.

If you are a Guest booking a reservation, you must provide Radious with a current, valid, accepted method of payment to use Radious. Radious will charge your method of payment at the time that you book your reservation. Radious may also (i) obtain a pre- authorization via your payment method for one (1) U.S. dollar, (ii) charge or authorize your payment method a nominal amount, to verify your payment method, or (iii) authenticate your account via a third-party payment service provider to verify your payment method. You may edit your payment method information in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

At the end of each calendar month, Radious will payout to Host all fees collected by Radious for Host from Guests, minus the applicable Radious Fees, during that calendar month.

You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to listing or booking Workspaces, including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation. You are also responsible for timely remittance of taxes to the appropriate taxing authority and maintenance of any required records and accounts. Except as required by applicable law, Radious will not calculate, track, or pay taxes or submit tax reporting on a Member’s behalf. If any taxing authority demands that we pay such taxes on your behalf, you are immediately liable to Radious for such taxes and will reimburse or pay Radious for such taxes upon demand. You are also responsible for any penalties assessed by governmental authorities arising from your failing to comply with this Agreement.

If you owe amounts and we are unable to receive payment through the Radious Services for any reason, then we may require that you pay through other means (such as direct debit, wire transfer, or cashiers' check). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Radious Services. You are responsible for any costs or expenses associated with our recovering fees, taxes, or other amounts owed, including our attorneys' fees or expenses.

Modifications and Cancellations

Cancellation by Guests: The following will apply to cancellations by Guests:

  • If Guest cancels a booking at least 7 days prior to the start date of a booking, Guest will be entitled to receive a full refund of the amounts to be paid to Host for such booking.
  • If Guest cancels a booking more than 3 days but less than 7 days prior to the start date of a booking, Guest will be entitled to receive a 50% refund of the amounts to be paid to Host for such booking.
  • If Guest cancels a booking more than 1 day but less than 3 days prior to the start date of a booking, Guest will be entitled to receive a 25% refund from of the amounts to be paid to Host for such booking.
  • If Guest cancels a booking less than 1 day prior to the start date of a booking, Guest will not be entitled to receive any refund.

Cancellation by Hosts: The following will apply to cancellations by Hosts:

Any cancelled booking on behalf of Host will require Host to pay a cancellation fee of 5% of the amounts that were to be paid to Host for such Booking.

Content

Radious may, at its sole discretion, enable Members to create, upload, post, send, and display text, images, audio, video, or other information on or through the Radious Service ("Content") and access and view Content provided by other Members and any Content that Radious itself makes available on or through the Radious Service.

You are solely responsible for all Content that you make available on or through the Radious Service. You represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant Radious the rights in and to the Content you provide to the Radious Service and that neither the Content you post nor your posting, uploading, publication, submission, or transmittal of such Content or Radious's use of such Content to provide the Radious Service will infringe, misappropriate, or violate a third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You must not post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading, or deceptive; (ii) is defamatory, libelous, obscene, pornographic, or offensive; (iii) is threatening or promotes violence or actions that are threatening to any other person; (iv) promotes illegal activities; (v) violates any Radious policy; (vi) is created solely for the purpose of advertising or other commercial content or (vi) includes another person’s private or confidential information. Radious may, without prior notice, and at Radious' sole discretion, remove or disable access to any Content that Radious finds to be in violation of this Agreement or Radious' then-current policies. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, grant rights to, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Radious Service or any Content, except to the extent you are the legal owner of such Content or as expressly permitted in this Agreement.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through the Radious Service, you grant Radious a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, and otherwise exploit in any manner such Content to provide or promote the Radious Service, in any media or platform. Radious does not claim any ownership rights in any Content you provide to the Radious Service and nothing in this Agreement will be deemed to restrict any rights that you may have to use or exploit your Content.

Reviews

Both Guests and Hosts are able to submit reviews concerning their experiences when offering and using a Workspace, and such reviews constitute Content for purposes of this Agreement. Reviews reflect the views of Members, are not verified by Radious, and do not necessarily reflect or represent the views of Radious. Members are expressly prohibited from manipulating the Radious review system in any manner.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Radious Service infringe your copyright, you may request removal of those materials (or access to them) from the Radious Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Agent: Amina Moreau
Organization: Radious, Inc.
Address: 3324 SE 12th Ave, Portland, OR 97202
Phone: (971) 202-1982
Email: DMCA@radious.pro

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Radious Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Use Restrictions

You may use the Radious Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Radious Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Radious, a Radious employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Radious Service, or which, as determined by us, may harm Radious, other Members, or other users of the Radious Service, or expose them to liability.

Additionally, you agree not to:

  • Use the Radious Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Radious Service, including their ability to engage in real time activities through the Radious Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Radious Service for any purpose, including monitoring or copying any of the material on the Radious Service.
  • Use any manual process to monitor or copy any of the material on the Radious Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Radious Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Radious Service, the server on which the Radious Service is stored, or any server, computer, or database connected to the Radious Service.
  • Attack the Radious Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Radious Service.

Termination and Suspension

You consent to this agreement when you first access or use the Radious Service, and your continued use of the Radious Service constitutes your ongoing consent to this agreement as amended from time to time. You may terminate this agreement by closing your account, however this will not terminate any accrued obligations you may have. This includes any obligations to pay any applicable fees or taxes due or to honor any bookings made before termination, or any liabilities that you incurred prior to termination.

We may suspend your account, including your ability to communicate with other Members or receive payments, or complete a booking, or terminate this agreement and your account at any time and with or without cause. Termination may occur for reasons including, without limitation, (i) if we believe that use of your account poses a risk to Radious, you, other Members, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other Members, or (iv) your failure to comply with these Terms of Use or applicable law.

Radious may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.

If you are a Host and terminate your Radious account, any confirmed bookings will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking will be automatically cancelled and any refund will be determined as if you had cancelled that booking. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Radious Service has been limited, or your Radious account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Radious Service through an account of another Member.

If this agreement is terminated for any reason, by Radious or by you, the clauses of this agreement that reasonably should survive termination of the agreement will survive such termination.

Disputes Between Members

If you believe that a Member, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Radious. In addition, if you believe that a Member, Listing, or Content has violated these Terms of Use, you should report your concerns to Radious. If you reported an issue to local authorities, Radious may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

If a Host believes that a Guest has damaged their real or personal property ("Damage Claim"), the Host must seek compensation directly from the Guest. Radious has no obligation to oversee, participate, or reimburse parties in disputes between Members.

Disputes With Radious

This section describes how any dispute, claim or controversy arising out of or relating to (I) these Terms of Use or the applicability, breach, termination, validity, enforcement, or interpretation of these Terms of Use; (ii) any use of the Radious Service; or (iii) any Content (collectively, "Disputes") will be resolved.

As explained below, BY USING THE RADIOUS SERVICE AND THUS ACCEPTING THESE TERMS OF USE, YOU ARE EXPRESSLY AGREEING TO SETTLE ALL DISPUTES WITH RADIOUS BY BINDING INDIVIDUAL ARBITRATION (SUBJECT TO THE EXCEPTIONS BELOW) AND WAIVE YOUR RIGHT TO BOTH A JURY TRIAL AND YOUR ABILITY TO JOIN OTHER PLAINTIFFS AS PART OF A CLASS ACTION PROCEEDING.

Please review this section carefully before proceeding to use the Radious Service.

These Terms of Use provide for a two-part process for individuals to resolve disputes with Radious.

First, prior to initiating an arbitration, you and Radious each agree to notify the other party of the dispute and attempt to negotiate an informal resolution for 30 days following such notice. If we initiate such Dispute, we will contact you at the email address you have provided to us as part of your account profile. If you initiate such Dispute, you must contact us by email at the following address: disputes@radious.pro. A notice of Dispute must include, at least, the party’s name and preferred contact information, a brief description of the dispute, and the relief sought.

Second, if the parties are unable to resolve the Dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

You and Radious each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction in Multnomah County, Oregon: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack, etc.).

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the "AAA Rules") then in effect, except as modified in these Terms of Use. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

Any required arbitration hearing may be conducted, at your option: (a) in Multnomah County, Oregon; (b) via phone or video conference; or (c) if all parties agree, solely by the submission of documents to the arbitrator.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

You and Radious acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

You and Radious acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of these Terms of Use relating to arbitration will be deemed void with respect to such Dispute.

Except as involving class actions, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

If Radious changes these Terms of Use after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Radious (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Radious.

Disclaimer of Warranties

We provide the Radious Service and all Content "as is" without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Radious Service; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms of Use apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Limitations on Liability

Neither Radious (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Radious Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Use, (ii) the use of or inability to use the Radious Service, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Radious Service, or (iv) publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Radious has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Hosts under these Terms, in no event will Radious’ aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Radious Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Radious. If applicable law does not allow the limitations of liability set out in these Terms of Use, the above limitations may not apply to you.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Radious’ option), indemnify, and hold Radious (including its personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms of Use; (ii) your improper use of the Radious Service, (iii) your interaction with any Member or use of a Workspace, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

Intellectual Property Rights

The Radious Service 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 Radious, 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.

Governing Law and Venue

These Terms of Use will be interpreted in accordance with the laws of the State of Oregon and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement above must be brought in state or federal court in Multnomah County, Oregon unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Multnomah County, Oregon.

Additional Legal Terms

Other Terms Incorporated by Reference. Our Privacy Policy and all other supplemental policies and terms linked to or explicitly referenced in these Terms of Use apply to your use of the Radious Service, are incorporated by reference, and form part of your agreement with Radious.

Right to Amend. We may make modifications, deletions, or additions to these Terms of Use ("Changes") at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Radious Service user interface, is sent to the e-mail address associated with your Account, or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms of Use incorporating the Changes, whichever comes first. If you do not agree to the revised Terms of Use, you must close your Account by contacting us.

Entire Agreement. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms of Use (including those items incorporated by reference) constitute the entire agreement between Radious and you pertaining to your access to or use of the Radious Service and supersede any and all prior oral or written understandings or agreements between Radious and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Radious.

If any provision of these Terms of Use is held to be invalid or unenforceable, except as otherwise indicated in that Arbitration Section above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word "will" is used in these Terms of Use it connotes an obligation with the same meaning as "shall."

Waiver and Severability. No waiver by Radious of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Radious to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will 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.

Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Radious’ prior written consent. Radious may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Radious via email, Radious Service notification, or any other contact method we enable and you provide.

Third-Party Services. The Radious Service may contain links to other sites and resources provided by 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. If you decide to access any of the third-party websites or services linked to the Radious Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and services.

Force Majeure. Radious will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Emails. You will receive administrative communications from us using the email address you provide for your Radious account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails. You may unsubscribe from such emails by using the unsubscribe link contained in the email or sending us an email at privacy@radious.pro asking to be unsubscribed. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Radious account.

Your Comments and Concerns

This Radious Service is operated by Radious, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated above.

All other feedback, comments, requests for technical support, and other communications relating to the Radious Service should be directed to: support@radious.pro.