Radius Connection’s Terms of Use

Set Up: Customer agrees to pay Radius Connection a set up / design fee as outlined in our agreement, plus a per piece price for all printed materials.  In addition, customer agrees to pay a predetermined price for any ancillary marketing services.  Customer will access their storefront using their login and password at the URL link provided upon acceptance of your agreement.  Radius Connection will mail the client determined number of postcards according to the customer approved artwork. Final approval of artwork indicates acceptance of its content.  Radius Connection will also commence printing for all print and ship printed materials when client completes, and pays for the order.

Radius Connection only accepts credit or debit cards.

TERMS OF CONTRACT

Use of Software: All and any software is made available by Radius Connection for you to use solely in accordance with the TOU. You may not reproduce, modify, distribute, or otherwise make available the software to any third party. Further, you may not use the software in a service bureau or other similar manner for the benefit of any third party. Any use of the software not in accordance with the TOU is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, or redistribution is expressly prohibited.

Disclaimers; Liability: Although Radius Connection believes that the Site, the Content, and the Services are reliable and fully available, Radius Connection makes no guarantees with respect to any of the foregoing. Consequently, THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED "AS IS" AND Radius Connection HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FURTHER, Radius Connection DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Radius Connection EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall Radius Connection (including its directors, officers, employees, and agents) be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Site, the Services, or any of the software) even if Radius Connection has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall Radius Connection's liability to you for any matter arising under or relating to your use of the Site, the Content, or the Services exceed the total amount you paid to Radius Connection with respect to the particular Services giving rise to the claim.

User Information: As part of your use of the Site, you may provide certain information to Radius Connection or other users of the Site. Except for applicable credit card and related information, any information or material you transmit to the Site or otherwise provide to Radius Connection is considered non-confidential and non-proprietary and Radius Connection has no obligations of confidentiality with respect to the same. You agree that the party receiving that information can rely upon and use such information in any manner. You acknowledge and agree that you are solely responsible for the accuracy and content of all information provided by you.

Billing:When you place an order or enroll for services that require payment, you will be prompted for credit card information. For all repeat direct mail orders not paid for with initial order, customer authorizes Radius Connection to charge the credit card on file in order to fulfill said customers mailing requests.  Financial transactions will be recorded in your storefront. Your Login ID and Password provides you with access to your account and your confidential information. You are entirely responsible for maintaining the confidentiality of your Login ID, Password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Radius Connection will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Radius Connection or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Orders are billed according to arrangements determined by your enrollment and/or company mailing program. Your credit card will be billed for any charges that are your responsibility. Radius Connection makes every effort to ensure accurate pricing, but pricing errors may occur. By submitting an enrollment or order you agree to pay the price in effect for the applicable Service you are ordering. For pricing questions please contact us within 60 days of the applicable enrollment or order placement. Please review your order information carefully before placing your order. Once placed, orders cannot be changed or cancelled.

Customer agrees to hold Radius Connection harmless from any loss incurred as a result of this program. Radius Connection shall not be liable for any consequential damages or loss of potential business and total liability shall not be greater than the amount paid to Radius Connection for the jobsite radius marketing program. Customer’s sign-off on the final proof indicates they have received all appropriate permission to use any an all graphics and logos in their mail piece and indemnify Radius Connection from any liability including that related to copyright, trademark, privacy, etc.

Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY OR ANY OF THEIR OFFICERS, DIRECTORS OR MANAGERS, EMPLOYEES, SHAREHOLDERS OR MEMBERS, OR REPRESENTATIVES BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY RELATING TO THIS AGREEMENT OR THE STATEMENT OF WORK OR THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.