General Conditions

This website is operated by RadiusMax, and your use of this website is subject to the following terms and all applicable laws. Throughout the site, the terms “we”, “us” and “our” refer to RadiusMax. Please read these Terms of Service carefully before accessing or using our website. By accessing and browsing this website, you agree to accept, without limitation or qualification, these terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services.

In addition, 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.

Completeness, inaccuracies,and omissions of information

This website and its contents are intended solely for your personal, non-commercial use. RadiusMax will attempt to ensure that this website is complete, accurate and up-to-date.

We are not responsible if information made available on this site is not accurate, complete, or up-to-date.Occasionally there may be information on this site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or availability. RadiusMax reserves the rights to modify, alter, or update any omissions and/or inaccuracies at any time in its sole discretion without prior notice (including after you have submitted your order).  We undertake no obligation to update, revise, or clarify any information in this website unless required by law.

Products and Services

We have made every effort to display as accurately as possible the colors and images of our products as they appear in the naked eye. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not guarantee that the quality of any products, services, and information purchased or obtained by you will meet your expectations, or that any errors in our services will be corrected.

Modifications to the Products, Services, and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue our products and services (or any part or content thereof) without notice. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our products and services. 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.

Order Acceptance and Accuracy of Billing and Account Information

The receipt of an e-mail order confirmation does not promise the acceptance of an order or a confirmation of an offer to sell a product or service. RadiusMax reserves the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number 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.We may also require verification of information prior to the acceptance and/or shipment of any order.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Inaccurate order information such as billing or shipping address may result in delays that shall not be the responsibility of RadiusMax.

You also understand that your content (excluding credit card information), may be transferred unencrypted and 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 always encrypted during transfer over networks.

Optional Tools and Third Party Links

Certain contents, products, and services available on our website may provide you with access to third-party tools and websites which we do not monitor and/or have any control over.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 and websites. 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.Your use of those 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 their terms and policies. For example, if you purchase our products sold through other marketplaces such as Amazon, Etsy, ebay, or Bonanza, you must abide by the terms and policies of each corresponding marketplace.

User Comments, Feedback,and Other Submissions

Any submissions you send via online post, email, postal mail, etc with or without a request from us,such as creative ideas, suggestions, proposals, plans, or any other materials, you agree that we may, at any time without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. 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 websites. You may 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.

Copyrights & Trademarks & OTHER PROHIBITED USES OF OUR CONTENT

The content of this website includes copyrighted materials, trademarks and other proprietary information, which may include, but not limited to, text, logo, software, photos, and graphics. Electronic copy and/or printed hard copy portions of this site are permitted for the sole purpose of purchasing RadiusMax products. ALL RIGHTS ARE RESERVED. Any other uses, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited.

You agree not to tamper, license, alter, publish, duplicate, sell, transfer, transmit, or in any way exploit, any of the content on this website. You agree not to use, copy, redistribute, publish or otherwise exploit materials and trademarks which you download from this web site without the prior written permission of an authorized representative of RadiusMax.

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 purposes; (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 codes that will or may be used in any way that will affect the functionality or operation of our service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Copyrights & Trademarks & OTHER PROHIBITED USES OF YOUR “IMAGES”

You must retain full rights and ownership of any IMAGES you submit to us including, but not limited to, all forms of images, logos, texts, photographs, names, and quotes.

By submitting IMAGES, you represent that you own all rights with respect to IMAGES to commercially reproduce this design and warrant that IMAGES do not and will not violate, invade, and/or infringe the followings: (a) any copyright, trademark, service mark, trade secret right, and/or other intellectual property of any third party; (b) misappropriate uses of IMAGES without legal authorization; (c) the privacy and/or publicity rights of any individual; (d) any laws or regulations of transmitting fraudulent, threatening, abusive, libelous, defamatory, obscene, and/r objectionable contents. RadiusMax reserves the right to abstain from printing any IMAGES under suspicion of being an infringement or violation upon intellectual property rights. If in any doubt as to the legal ownership of IMAGES, you hold the responsibility to check with the rightful owner whether you are able to use IMAGES before submitting—we, RadiusMax , are not obligated in any way to check or confirm the legal use of reproducing any IMAGES.

Please note that, by submitting IMAGES, you are agreed to hold the legal and financial responsibility to defend any claims made as a result of alleged infringements including copyrights, trademarks, rights of publicity, and/or other intellectual property claims, including, but not limited to, any payments for damages sustained by a claimant and attorneys’ fees incurred by you and/or your IMAGES that you have submitted to us.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.

You expressly agree that your use of, or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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 RadiusMax and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to any party of any direct, indirect, incidental, punitive, special, or consequential damages for use of this site or any other linked website, including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if RadiusMax is expressly advised about the possibility of such damages. In cases where certain states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold RadiusMax and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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. The unenforceable portion shall be deemed to be severed from this Terms of Service, but such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or RadiusMax. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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 this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny your access to our Services or any part thereof.

Entire Agreement

The failure of RadiusMax 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 RadiusMax on this site or in respect to The Service constitutes the entire agreement and understanding between you and RadiusMax. This governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and RadiusMax(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.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of California.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

RadiusMax (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from RadiusMax via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text “HELP” to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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 website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at support@flowniche.com