eNOVA – Radius Direct® TERMS AND CONDITIONS

Welcome to the Radius Direct® website, applications, mobile apps and other tools (the "Site"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. Your privacy is very important to us. Accordingly, we have developed the following terms and conditions for you to understand how we collect, use, communicate and make use of personal information. When accessing the Site, we may learn certain information about you during your visit.

  1. 1.Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you. If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
  2. 2.These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
  3. 3.You represent that you have the legal capacity to enter into the agreement set out in these Terms. We will assume (and by using this Site you represent that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
  4. 4.You represent that you are at least eighteen (18) years of age.
  5. 5.In order to use this Site, you must obtain access to the World Wide Web and pay any related fees for same. We are not responsible for your access to the Site.
  6. 6.The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.
  7. 7.You agree to the terms of our Privacy Policy. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.
  8. 8.Site is supported only on certain internet browsers. Up-to-date Internet browsers that we support include Microsoft Edge 44.x or higher, Safari 3.2x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 or higher, Safari for iOS6 and higher, Chrome for iOS, and Chrome for Android.
  9. 9.We disclaim warranties and provide the Site "As Is." YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE and eNOVA (“eNOVA”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. eNOVA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. eNOVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. eNOVA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND eNOVA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL RIGHTS, OBLIGATIONS AND COVENANTS OF eNOVA WITH RESPECT TO ANY eNOVA PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
  10. 10.Our liability is limited. IN NO EVENT WILL eNOVA, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF eNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF eNOVA, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
  11. 11.This Site is protected by copyrights, patents, trade secrets or other proprietary rights. This Site and materials incorporated by eNOVA on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Intellectual Property Rights"). Some of the characters, logos or other images incorporated by eNOVA on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by eNOVA or others ("Trademarks"). eNOVA respects the intellectual property rights of others and asks users of this Site to do the same.
    You may not copy or use the names, marks or logos of eNOVA or those of any of its customers in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the Site, and those are the sole property of their respective owners.
  12. 12.We only grant you a limited revocable license to use the Site subject to rules and limitations. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by eNOVA. eNOVA transfers no right, title or interest in any content on the Site to you, whether as a result of your copying or printing content or otherwise. Using any Material on any other website or networked computer environment is prohibited. You may not use, alter, copy, distribute or transmit our Site content, or create another work based on that content, except in any case as expressly permitted by these Terms of Use.
  13. 13.If you believe that any content appearing on this Site infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please email copyright@teamenova.com. If you believe that any content appearing on this Site infringes your copyright rights, we want to hear from you. Please forward the following information to the email address listed above:
    a.    Your name, address, telephone number and email address;
    b.    A description of the copyrighted work that you claim has been infringed;
    c.    The exact URL or a description of each place where alleged infringing material is located;
    d.    A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent or the law.
  14. 14.You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Site are the sole responsibility of the sender, not eNOVA, and that you are responsible for all material you upload or otherwise transmit to or through this Site. You may not link or otherwise connect our Site or any content on our Site without our prior written permission to do so. You agree that you will not use this Site for any of these prohibited uses or purposes.
  15. 15.You may not abuse the system.
  16. 16.Your usernames and passwords for this Site are for your use only and you are responsible for their security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). eNOVA shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that eNOVA considers insecure, eNOVA will be entitled to require this to be changed and/or terminate your account.
  17. 17.You may not tamper with this Site, the system for the Site or the accounts of others. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, eNOVA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
  18. 18.You may not share this Site, the system or the Site with unauthorized users.
  19. 19.eNOVA reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or emails you make or send to any Forum. eNOVA may seek to gather information from the user who is suspected of violating these Terms, and from any other user. eNOVA may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If eNOVA believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. eNOVA will fully cooperate with any law enforcement authorities or court order requesting or directing eNOVA to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF eNOVA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF eNOVA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF eNOVA OR LAW ENFORCEMENT AUTHORITIES.
  20. 20.eNOVA may modify or discontinue this Site at any time.
  21. 21.eNOVA makes no representation that the Site is available for use outside of the United States.
  22. 22.We are not responsible for third parties or their content, advertisements, apps or sites.
  23. 23.New Jersey law will apply to these Terms.
  24. 24.If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.