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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Cancellation by Guests: The following will apply to cancellations by Guests:
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.
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.
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.
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:
Our designated copyright agent to receive DMCA Notices is:
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.
Additionally, you agree not to:
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.
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.
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.
Please review this section carefully before proceeding to use the Radious Service.
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: firstname.lastname@example.org. 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.).
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.
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.
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).
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.
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 email@example.com 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.
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: firstname.lastname@example.org.