Terms and Conditions of Access and Use of Radical U™
Last updated: April 17, 2020
These Terms and Conditions ("Terms," "Terms
and Conditions") govern your relationship with the https://www.radicalu.com
website (the "Service") operated by Michael E. Gerber Companies
("us," "we," or "our").
Please read these Terms and Conditions carefully before
using the Service.
Your access to and use of the Service is based on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by
these Terms and accept all legal consequences. If you do not agree to these
terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made
available through the Service ("Purchase"), you may be asked to
supply certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card,
your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right
to use any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
By submitting such information, you grant us the right to
provide the information to third parties for purposes of facilitating the
completion of Purchases.
We reserve the right to refuse or cancel your order at any
time for certain reasons, including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud
or an unauthorized or illegal transaction is suspected. We will not be held
responsible or liable for any failure for the Purchase to complete, or any
resulting loss or damages to you.
Availability, Errors, and Inaccuracies
In order to provide exceptional service and accuracy, we
regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness
of any information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
Despite our best efforts, the products or services available
on our Service may have an error regarding the price, be inaccurately
described, or be unavailable.
We may experience delays in updating information on the
Service and in our advertising on other websites.
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed by
rules that are separate from these Terms. If you participate in any Promotions,
for a Promotion conflict with these Terms, the Promotion rules will apply.
Promotions may be available for a limited time.
If you participate in an offer for access to the Services in
connection with our offer to donate a portion of the proceeds to charity, you
will not be given a tax deduction for the charitable donation. We will choose
the charity or charities, and where we determine to share “all profits” of the
offer, we will act in our sole discretion and in good faith to donate said
profit to the charity of our choice.
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles are set either on a
monthly or annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it or we
cancel it. You may cancel your Subscription renewal either through your online
account management page or by contacting our customer support team.
A valid payment method, including a credit card or PayPal,
is required to process the payment for your Subscription. You shall provide us
with accurate and complete billing information, including full name, address,
state, zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorize us to charge
all Subscription fees incurred through your account to any such payment
Should automatic billing fail to occur for any reason, we
will issue an electronic invoice indicating that you must proceed manually,
within a certain deadline date, with the full payment corresponding to the
billing period, as indicated on the invoice.
We may, at our sole discretion, offer a Subscription with a
free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in
order to sign up for the Free Trial.
If you do enter your billing information when signing up for
the Free Trial, you will not be charged by us until the Free Trial has expired.
On the last day of the Free Trial period, unless you canceled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.
We, in our sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee
change comes into effect constitutes your agreement to pay the modified
Subscription fee amount.
Except when required by law, paid Subscription fees are
When you create an account with us, you must provide us with
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of your account on our Service.
You are responsible for safeguarding the password that you
use to access the Service and for any activities or actions under your
password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or
entity, or that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than you without
appropriate authorization, or a name that is otherwise offensive, vulgar or
The Service and all contents, including but not limited to
text, images, graphics or code are the property of Michael E. Gerber Companies
and are protected by copyright, trademarks, database, and other intellectual
property rights. You may display and copy, download or print portions of the
material from the different areas of the Service only for your own
non-commercial use, or to place an order with us. Any other use is strictly
prohibited and may violate copyright, trademark and other laws. These Terms do
not grant you a license to use any trademark of Michael E. Gerber Companies or
its affiliates. You further agree not to use, change, or delete any proprietary
notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or
services that are not owned or controlled by us.
We have no control over and assumes no responsibility for,
the content, privacy policies, or practices of any third-party web sites or
services. You further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service
immediately, without prior notice or liability, for any reason whatsoever,
including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Upon termination, your right to use the Service will
immediately cease. If you wish to terminate your account, you may simply
discontinue using the Service.
You agree to indemnify, defend and hold harmless Michael E.
Gerber Companies, its principals, officers, directors, representatives,
employees, contractors, licensors, licensees, suppliers, and agents, from and
against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and
accounting fees resulting from your use of the Service; (b) your breach of any
of these Terms; (c) anything you post on or upload to the Service; and (d) any
activity related to your account. This includes any negligent or illegal
conduct by you, any person or entity accessing the Service using your account
whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Michael E. Gerber Companies, its directors, employees,
partners, agents, suppliers, or affiliates, shall not be liable for any loss or
damage, direct or indirect, incidental, special, consequential or punitive
damages, including without limitation, economic loss, loss or damage to
electronic media or data, goodwill, or other intangible losses, resulting from
(i) your access to or use of the Service; (ii) your inability to access or use
the Service; (iii) any conduct or content of any third-party on or related to
the Service; (iv) any content obtained from or through the Service; and (v) the
unauthorized access to, use of or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
claim in law, whether or not we have been informed of the possibility of such
damage and even if a remedy set forth herein is found to have failed of its
Disclaimer And Non-Waiver of Rights
We make no guarantees, representations, or warranties of any
kind as regards the website and associated technology. Any purportedly
applicable warranties, terms, and conditions are excluded, to the fullest
extent permitted by law. Your use of the Service is at your sole risk. The
Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of performance,
except as provided for under the laws of any state. In such cases, the state
law shall apply to the extent necessary.
Michael E. Gerber Companies, its subsidiaries, affiliates,
and its licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location; b) any
errors or defects will be corrected; c) the Service is free of viruses or other
harmful components, or d) the results of using the Service will meet your
If you breach any of these Terms and we choose not to
immediately act or choose not to act at all, we will still be entitled to all
rights and remedies at any later date, or in any other situation, where you
breach these Terms. We do not waive any of our rights. We shall not be
responsible for any purported breach of these Terms caused by circumstances
beyond our control. A person who is not a party to these Terms shall have no
rights of enforcement.
You may not assign, sub-license or otherwise transfer any of
your rights under these Terms.
As set out above, some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
These Terms shall be governed by and interpreted and
enforced in accordance with, the laws of the state of California. Any dispute
shall be first mediated through formal mediation, with mediation fees to be
shared equally among the parties, and then if not resolved, through arbitration
using the American Arbitration Association rules. All mediation and arbitration
shall be held in San Diego, California.
If any provision of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction, then any remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is a material, we will make
reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at our
By continuing to access or use our Service after those
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, in whole or in part, please stop using the
website and the Service.