Terms and conditions.
Effective date: 1st July 2024
1. Introduction
Welcome to Radial Building and Renovation, LLC ("Company", "we", "us", or "our"). Our platform, accessible via www.radialbuilding.com, offers a comprehensive suite of services tailored to support, educate, and facilitate construction projects and renovations through personalized coaching, training courses, consulting services, as well as organizing live special events and more.
These Terms and Conditions ("Terms") govern your access to and use of our website and services ("Services"). By accessing or using any part of our site or services, you agree to be bound by 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 services.
2. Eligibility
The use of our Services is intended solely for individuals who are eighteen (18) years of age or older. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the full authority, right, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to such entity.
3. User Account and Registration
To access certain features of our Services, you must register for an account. When registering for an account, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer or mobile device; (d) promptly notify us if you discover or otherwise suspect any security breaches related to our Services; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
4. Subscription Services
Our subscription services are offered on a monthly or annual basis. All subscriptions provide access to personalized coaching, a library of courses, consulting services, and other content. Subscription fees are 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 Radial Building and Renovation, LLC cancels 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 credit card or PayPal, is required to process the payment for your subscription. You shall provide Radial Building and Renovation, LLC with accurate and complete billing information that may be updated from time to time.
5. Fees and Payment Terms
By subscribing to our Services, you agree to pay the specified fees at the time of your subscription and any applicable taxes associated with your use of the Services. All fees are non-refundable, except as expressly stated in the Refunds section. You acknowledge that the amount billed may vary due to promotional offers, changes in your subscription plan, or changes in applicable taxes, and you authorize us to charge your payment method for such varying amounts. Late payments may incur additional charges or suspension of service until payment is received.
6. Promotions and Discounts
From time to time, we may offer promotions and discounts that may affect pricing and are subject to additional terms and conditions, which will be disclosed at the time of the offer. Unless otherwise specified, promotions and discounts cannot be used in conjunction with other offers or discounts. Promotional prices and discounts are available for a limited time and may be withdrawn or modified by Radial Building and Renovation, LLC at its sole discretion without prior notice.
7. User Responsibilities
As a user of our Services, you agree to comply with the following responsibilities:
Compliance with Laws: You must use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations.
Proper Conduct: You must not use the Services to conduct any unlawful activity, including but not limited to fraud, embezzlement, money laundering, or insider trading.
Content Restrictions: You are prohibited from uploading, posting, or transmitting any content that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
Security: You must not breach the security of our website or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our Services.
8. Intellectual Property Rights
All content included on our website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Radial Building and Renovation, LLC or its suppliers and protected by copyright and other intellectual property laws. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the software, in whole or in part.
9. License to Use Website and Content
Radial Building and Renovation, LLC grants you a non-exclusive, non-transferable, revocable license to access and use our website and services strictly in accordance with these Terms. This license does not include any resale or commercial use of any Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
10. Confidentiality
You acknowledge that during your use of our Services, you may obtain information relating to the Services and/or Radial Building and Renovation, LLC which is of a confidential and proprietary nature ("Confidential Information"). Such Confidential Information shall belong solely to Radial Building and Renovation, LLC and includes, but is not limited to, the features and modes of operation of our Services, user content, and any other information identified as confidential. You agree to maintain the confidentiality of all such information and not disclose it to any third party without the prior written consent of Radial Building and Renovation, LLC.
11. Privacy Policy
By agreeing to these Terms, you also agree to the terms of our Privacy Policy, which is expressly incorporated herein. Our Privacy Policy details how we collect, use, and disclose information from our users. It is important that you read and understand the Privacy Policy, especially because it describes how we might process personal information about you and how you can manage that information.
12. Product and Service Descriptions
Radial Building and Renovation, LLC strives to be as accurate as possible in the description of its products and services on our website. However, we do not warrant that product and service descriptions or other content is accurate, complete, reliable, current, or error-free. If a product or service offered by Radial Building and Renovation, LLC itself is not as described, your sole remedy is to return it in unused condition, subject to our Refunds policy outlined in these Terms.
13. Delivery of Goods and Services
All physical goods purchased through our Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We endeavor to provide clear expectations regarding delivery timeframes; however, while we aim to meet these estimates, actual delivery times may vary due to factors beyond our control.
For services such as construction project coaching and online courses, delivery occurs either through direct provisioning on our platform or via live sessions scheduled through our online systems. You are responsible for ensuring that you have the necessary technology and internet access to receive these services.
14. Returns and Refunds
Our goal is to ensure satisfaction with your purchases. For physical products, you may return items in new and unused condition within 30 days of delivery for a full refund, minus shipping costs, unless the product arrives defective or damaged. For services, refunds are available under the following conditions:
If you cancel a booked coaching session at least 48 hours in advance, you may be eligible for a full or partial refund.
Subscription services can be cancelled with pro-rated refunds available depending on the usage and time remaining in the subscription period.
All refunds will be processed to the original method of payment within a reasonable timeframe.
15. Cancellation Policy
You may cancel a subscription service at any time via your account dashboard or by contacting customer support. Subscription fees are generally non-refundable, except as specifically provided in these Terms. Any cancellation will take effect at the end of the current paid term.
For physical goods, orders may be cancelled prior to shipping. Once an item has been shipped, it must be returned for a refund.
16. Dispute Resolution
In the event of a dispute, parties agree to first attempt to resolve the dispute through good faith negotiation. If such dispute cannot be resolved informally, the parties agree to resolve any and all disputes arising out of or relating to these Terms, or the breach thereof, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in the state of the Company’s primary business location, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
17. Limitation of Liability
Radial Building and Renovation, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
18. Indemnity
You agree to defend, indemnify, and hold harmless Radial Building and Renovation, LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Services, including, but not limited to, your user submissions, any use of the website’s content, services, and products other than as expressly authorized in these Terms.
19. Disclaimer of Warranties
You expressly understand and agree that your use of our Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Radial Building and Renovation, LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Services will be accurate or reliable.
20. Force Majeure
Radial Building and Renovation, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Radial Building and Renovation, LLC’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). Such force majeure events may include natural disasters, strikes, civil disturbances, acts of terrorism or war, governmental actions, or disruption of telecommunications networks.
21. Amendments
We reserve the right to amend or update these Terms and Conditions at any time with or without notice to you, and you agree to be bound by such amended Terms. Your use of our Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. We encourage users to frequently check this page for any changes to stay informed about how they are expected to use the Services.
22. Termination
Radial Building and Renovation, LLC may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your account with our Services, you may simply discontinue using the Services or notify us that you wish to terminate your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
23. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state in which Radial Building and Renovation, LLC is headquartered, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
24. Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This shall not affect the enforceability of the rest of the Terms, which shall continue to be in full force and effect.
25. Construction Project and Education Consulting Disclaimer
Radial Building and Renovation, LLC provides construction project coaching and educational consulting services. However, you acknowledge that the outcomes of any project or learning process are influenced by various external factors and thus cannot be guaranteed. All advice and guidance provided by our Services are to be taken as suggestions, not definitive solutions. You agree that Radial Building and Renovation, LLC shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or reliance on provided services.
26. Accessibility
We are committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards where possible. Should you encounter any issues in accessing any area of our website, please contact us, and we will endeavor to resolve the issue promptly.
27. Feedback and Complaints
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to our Services ("Feedback"). You may submit Feedback by emailing us, through our website, or via our customer service. You acknowledge and agree that all Feedback you give us will be the property of Radial Building and Renovation, LLC and we may use such Feedback on an unrestricted basis, whether for commercial purposes or otherwise.
28. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Radial Building and Renovation, LLC regarding the use of our Services, superseding any prior agreements between you and us regarding your use of our website or services. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.