Terms & Conditions
Last update: June 26, 2021
- Website: www.FreeRadiKal.com
- Company: Free RadiKal LLC
- We, our, us: Website, Company, and any services provided by Website or Company.
- Company Products: Any digital or physical items offered for purchase or download by Website and/or Company.
- User: you.
- Content: any written, visual, or auditory information.
BY INTERACTING WITH THE US IN ANY WAY, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS OUTLINED HEREIN. IF YOU DIDN’T READ, UNDERSTAND, AND AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE NOT ALLOWED TO INTERACT WITH US IN ANY WAY.
3. Updates to These Terms
These Terms and Conditions may be updated at any time. Please recheck this page often for updates.
Your continued interaction with us following updates to these Terms and Conditions indicates your acceptance of any revisions to these Terms and Conditions.
4. Medical Disclaimer
The Content provided by us is for informational and educational purposes only. None of the Content provided by us is meant to replace the advice of a properly licensed healthcare professional. Always seek the advice of a properly licensed healthcare professional prior to acting upon any of the information provided by us.
Any interactions with us are meant for those at least eighteen (18) years of age. You are not allowed to interact with us if you are under the age of eighteen (18).
7. Company Service Availability
Please be aware that any part of Website, Company, Website’s or Company’s services, or Company Products may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
8. Intellectual Property
Unless expressly stated otherwise in written form by Company’s authorized representative, your interaction with us or Company Products does not grant you any part of, or any permission to use, our intellectual property rights (including, but not limited, to our copyrights, trademarks, and patents) or those of any other intellectual property owner.
Some of the company and product names, logos, brands, and other trademarks featured or referred to by us may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, us in any way.
9. Third Party Sites and Services
Links provided by us to Third-Party websites and services are provided only as a convenience. We do not control nor endorse any such Third-Party websites. You agree that we will not be responsible or liable for any content, goods, or services provided by such Third-Party websites or for your use or inability to use such Third-Party websites. You will use such links at your own risk.
Your interactions with organizations and/or individuals and Third-Party companies found on or through our Website or Company services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree and acknowledge that we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Thirty-Party.
10. Use of Our Website, Products, and Services
You may be required to establish an account and/or provide information (such as, but not limited to, your email) in order to interact with us or take advantage of certain features. If so, you agree to:
10.1) provide true, accurate, current and complete information about yourself as prompted
10.2) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or we have reasonable grounds to suspect that such information is false, inaccurate or outdated, we have the right to suspend or terminate your account and prohibit any and all current or future use of the Website, Company Products, or Company services by you; and
10.3) that your account is for your personal, non-commercial use only. By creating an account, you agree to receive certain communications in connection with the Website, Company, Company Products, and Company services.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Company’s services or Website, including charges resulting from unauthorized use of your account.
You agree to interact with us and use Company Products only for lawful purposes and that you are responsible for your use of and communications and content you may post via the services we provide to you. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to interact with us in any manner that interferes with our normal operation or with any other user’s interaction with us or their use of Company Products.
All use of Company services and Company Products is for personal, non-commercial, use only.
You may not do any of the following while interacting with us:
10.4) access, tamper with, or use non-public areas of the Website or Company service, our computer systems, or the technical delivery systems of our providers;
10.5) probe, scan, or test the vulnerability of any of our system or network or breach or circumvent any security or authentication measures;
10.6) access or search or attempt to access or search the Website by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
10.7) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way interact with us to send altered, deceptive or false source-identifying information; or
10.8) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or otherwise creating an undue burden on us.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Website or Company services.
You further agree that you will not access Website or Company services by any means except through the interface provided by Company for access to Website and such services. Creating or maintaining any link from another application to any page at the Website without the prior authorization of Company is prohibited. Running or displaying the Website, or any information or material displayed via the Website in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Website must comply with all applicable laws, rule and regulations.
We make no representation that Content contained, described or offered by us are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who interact with us and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable laws. You agree that you will not access the Website from any territory where its contents are illegal, and that you, and not us, are responsible for compliance with applicable law.
Your interactions with us are at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Furthermore, you herein agree not to interact with us for the purpose of:
10.9) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
10.10) causing harm to minors in any manner whatsoever;
10.11) impersonating any individual or entity, including, but not limited to, any company, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
10.12) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
10.13) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
10.14) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
10.15) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
10.16) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
10.17) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
10.18) interfering with or disrupting any of the Company services, servers and/or networks that may be connected or related to Website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
10.19) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
10.20) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Nationality Act;
10.21) stalking or with the intent to otherwise harass another individual; and/or,
10.22) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
11. Suggestions and Improvements
By sending us any ideas, reviews, comments, suggestions, documents, or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you via your interaction with us is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with your interactions with us, and you warrant that you possess all rights necessary to provide such Content and that you do not violate any third party’s rights in providing such Content. We reserve the right to remove, and to allow certain users to remove, any objectionable Content in our sole discretion. You understand that by providing Content in connection with your interactions with us, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business. Company and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You may terminate your interactions with us at any time. You agree that we may terminate or suspend your access to all or part of your interactions with us, with or without notice, in our reasonable discretion, at any time. Company reserves the right to modify or discontinue the Company services, Company Products, Website, or any parts thereof with or without notice, at any time. Following the termination or cancellation of your subscription to a Company service and/or your account, we reserve the right to delete all your data in the normal course of operations.
You expressly represent, warrant, and/or acknowledge that:
14.1) Company does not warrant or guarantee the suitability or availability of any Company Product or Content, including without limitation any data, products, or services found through the Website.
14.2) Company does not always screen the authenticity or quality of Content, products, or services found through the Website.
14.3) Company makes no representations or promises regarding any Content, and that many of the Content provided by us may be owned or licensed by third parties.
14.4) Neither Company, or its employees or officers, are appropriately licensed healthcare professionals and make no healthcare representations or promises regarding any Content posted to the Website or provided via any Company Service, by any party. It may that from time to time, contributors to our site may be healthcare professionals. Company makes no representations or promises regarding any Content posted to the Website by such contributors. We make no healthcare representation or promises regarding any Company product.
14.5) Any Content provided via your interactions with us is for informational purposes only.
14.6) You assume all risk when interacting with us or a Company product, including all of the risks associated with any online or offline interactions with other users, and third party providers of products and services.
14.7) You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to interact with us and take full responsibility for the selection and use of your interactions with us.
15. Warranties, Disclaimers, and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR INTERACTIONS WITH US AND YOUR USE OF COMPANY PRODUCTS IS AT YOUR SOLE RISK. THE COMPANY, WEBSITE AND THE ASSOCIATED MATERIALS AND CONTENT, AND COMPANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE COMPANY’S SERVICES OR COMPANY PRODUCTS WILL MEET YOUR REQUIREMENTS; (II) THE COMPANY’S SERVICES OR COMPANY PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE COMPANY’S SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL COMPANY PRODUCTS, COMPANY SERVICES, CONTENT OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE COMPANY SERVICE WILL BE CORRECTED.
THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPANY’S SERVICES AND COMPANY PRODUCTS, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE COMPANY’S SERVICES; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE COMPANY SERVICES; (V) FOR ANY DISPUTES BETWEEN USERS OF A COMPANY SERVICES OR BETWEEN A USER OF A COMPANY SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO A COMPANY SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE COMPANY WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE COMPANY’S SERVICES FOR SERVICES OR PRODUCTS PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE ONE (1) YEAR PRIOR TO SUCH CAUSE OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your interactions with us or use of the Company Products, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through your interactions with us, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Company’s services. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
15. Applicable Law and Jurisdiction.
Your interactions with us and use of Company Products is governed by and will be enforced under the laws of the State of Wyoming, Sheridan County without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Sheridan County, the State of Wyoming. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to your interactions with us or these Terms and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Company. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in Sheridan County, State of Wyoming necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE COMPANY SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
16. Procedure for Notifying the Company of Copyright Infringement.
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact us and provide us with the following information:
16.1) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
16.2) Identification of the copyrighted work claimed to have been infringed.
16.3) Information describing where the allegedly infringing material is located on the Website.
16.4) Your address, telephone number, and email address.
16.5) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
16.6) A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
17. U.S. Export Controls
The Company Products may be subject to United States export controls. No part of the Company Products may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By interacting with us, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Limited Product Warranty and Pre-Order Guarantee Policy
You attest to have read, understood, and agreed to the Company’s Guarantee, Warranty, Refund, Replacement, & Return Policy.
These Terms and Conditions constitute the entire agreement between Company and you with respect to the subject matter of these Terms of Service.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Company Parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms and Conditions and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect whatsoever.
No action arising out of these Terms and Conditions or your interactions with us or use of Company Products, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).