Terms of Service: Radium
This agreement is effective as of January 1, 2021.
This agreement is a contract between the user and Radium Payments, LLC and governs the use of your Radium account. You agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements posted on radiumpayments.com/legal that apply to you:
We may revise this user agreement and any of the policies listed above at any. The revised version will be effective at the time it is posted on the Radium website, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.
Radium allows users to discover or be discovered by other users for the purpose of sending or receiving funds through Radium’s partner, Sila. Radium charges a fee to users for each successful linkage with a recipient that results in a transfer of funds to the recipient. This fee is based on the amount transferred through Sila. More details about Radium’s fees may be found at radiumpayments.com/fees.
Users agree to establish an account with Radium’s partner, Sila, Inc. for the purpose of holding and transferring funds on behalf a user and among other users with Radium accounts. This Sila account is established during the Radium signup process. Personal information such as a user’s Social Security number, bank routing and bank account information is not collected nor held by Radium at any point. Such personal information is collected directly by Sila, Inc. via the Sila API, made available through the Radium platform.
Radium offers three types of accounts for three types of users: personal, approved nonprofits and approved businesses. Users may obtain a single personal account for personal use. To create a personal account, new users must be a resident of the United States or one of its territories, be at least 18 years old, and use a cellular/wireless telephone number owned by the user. A Radium account is a personal account unless a user has received express written approval for the creation of a nonprofit or business account. In addition to this agreement, approved nonprofit and business accounts are also subject to the terms set for Nonprofit and Business Account holders.
Personal Radium accounts allow users to make or receive payments to other users in their vicinity.
Users planning to utilize a Radium account to sell goods or services must have an approved business account.
Users planning to utilize a Radium account for the purpose of receiving funds for an approved nonprofit must have an approved nonprofit account.
Keep confidential any credentials you use to access your Radium account and the Radium services. Users agree to must keep their phone number, email address and other contact information current in their Radium account profile.
ELECTRONIC FUND TRANSFERS (“EFTS”) AND ACCOUNT BALANCES
ADDING AND WITHDRAWING FUNDS
Radium users are allowed one linked bank (checking or savings) account per Radium account. Users can link or unlink a U.S. bank account to a Sila account via the user’s Radium account as an funding and withdrawal method.
FUNDING AN ACCOUNT
If Radium, in coordination with Sila, has verified the required identifying information, outlined in this agreement Radium may offer the user the ability to transfer money to the user’s Radium balance from a linked bank account. If Radium has not verified this required identifying information provided, funds will not be allowed to be added to the corresponding account.
Radium is able to provide a low-fee service by minimizing transaction costs. Having received approval for a Radium account, you will be required to fund your Radium account with a minimum of $25. You may use these funds to make payments to other users in accordance with this agreement and when the balance of your account falls below the minimum $5 threshold, your account will be replenished with the minimum $25 replenishment amount. If you so choose, you may increase the replenishment threshold, replenishment amount, or both to your desired amount. However, these minimum amounts may not be decreased for any reason.
You may replenish your account with any amount equal to or greater than $25 at any time using the “add money” feature. This feature allow users to initiate a one-time replenishment of their account.
Withdrawal of Funds from Radium
Money in your Radium account may be transferred out of Radium by manually transferring it to a bank account linked to your Radium account.
You can manage linked payment methods in the Funding Preferences section of your Radium account settings. We may set limits on your bank transfers. Limitations are as follows;
Transactions are limited to $100 for individual payments made between users with a maximum of $100 transferred between any two users on a given day;
Users may fund an account up to $250 and may transfer up to $250 from the users linked U.S. bank account per day.
Radium reserves the right to reject or transactions that appear to be fraudulent or may violate this agreement or the law.
The fees applicable to transferring money out of Radium can be found on the fees [LINK] page. Fees and limits may change from time to time at Radium’s sole discretion.
Funds received in Radium will be pending in the recipients account until those funds are confirmed to be in the [payor’s] Radium account. Funds that are pending will not be available for transfer out of Radium until those funds are confirmed.
Users seeking to withdraw the entirety of the funds held in an account will be prompted to withdraw an amount less than that which would initiate an automatic replenishment, as set in the user’s personal settings. The minimum amount a user may hold in an account is $5. Any amount below $5 (or the minimum amount set by the user) will automatically initiate a replenishment at the replenishment level set by the user (Note: the default and minimum replenishment amount is set at $25).
BANK TRANSFER REVIEWS
We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.
Reviews may result in:
delayed, blocked or cancelled transfers;
money or payments being held by us;
money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
account limitation, suspension or termination;
money or payments being seized to comply with a court order, warrant or other legal process; and/or
money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Radium account, or if you were a participant in a transaction for goods and services between two personal accounts.
You have the right to an account statement showing your Radium account activity. You may view your Radium account activity via the Radium application.
FEES AND LIMITS
We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. You can view any sending limits above The fees applicable to sending money are as follows:
Users are assessed a fee for the identification of a recipient user and execution of a payment to that user based on Radium’s service. That fee is 3 percent of the amount entered by the payor and is extracted at the time of the payment.
Users utilizing Radium to receive funds are allotted 4 free withdrawals per month as long as the amount of each withdrawal is equal to or greater than $100.00. If the withdrawal is less than $100.00, the user will be assessed a $1.00 fee, extracted from the withdrawal amount. If the user exceeds 4 withdrawals in a given month, the withdrawal will be assessed a 1 percent or $1 fee at the time of withdrawal, whichever is greater.
Fees and limits may change from time to time in our sole discretion.
MAKING PAYMENTS USING RADIUM
Radium users may transfer only up to the amount of funds held in their Radium account at the time a transaction is initiated. If a user seeks to transfer an amount greater than that of the funds held in their Radium account at the time a transfer is initiated, the user must first transfer a sum into their Radium account that is sufficient to execute the initial transfer.
BANK ACCOUNT TRANSFERS
Radium, partnering with ACH provider Sila, Inc., will make electronic transfers from your bank account in the amount you authorize. You authorize Radium to try this transfer again if the initial transfer is rejected by your bank for any reason.
Radium executes transfers from a user’s bank account depending on the thresholds set by the user. Depending on the user’s activity, that user should confirm that their bank account contains funds sufficient to cover these intermittent transfers (replenishments) to Radium before making the payment, if funded by your bank account. This will help you avoid overdraft or other fees your financial institution may charge.
IDENTIFYING A RECIPIENT
When a payor searches for users, a list of users is displayed on the payor’s device. This list consists of any user that has selected the option to receive funds in the Radium application settings of the recipient user’s device and is located within a certain distance from the payor’s location based on GPS.
Users understand that recipients may attempt to misrepresent themselves in an attempt to collect funds from payors. Therefore, it is the obligation of the payor to authenticate the identity of the recipient using information provided by the recipient including the recipient’s unique user name, a description provided by the recipient, and an image provided by the recipient.
Refunds, Reversals and Chargebacks
PAYMENTS THAT ARE INVALIDATED AND REVERSED
Payments may be invalidated and reversed by Radium if, among other reasons, it is determined that the payment was sent in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this user agreement or any other agreement with us.
As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.
When recovering the amount of an invalidated payment from you, we may apply any money sent to you on Radium, request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may:
engage in collection efforts to recover such amounts from you;
take any or all action as outlined under Amounts Owed to Us; and
place a limitation or take other action on your Radium account as outlined under Restricted Activities and Holds and Limitations.
If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your Radium account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank. Please see below under the heading Reporting and Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.
In connection with your use of our websites, your Radium account, the Radium services, or in the course of your interactions with us, other customers, or third parties, you must not:
Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;
Control an account that is linked to another Radium account that has engaged in any of these restricted activities;
Use the Radium services in a manner that results in or may result in:
disputes; claims, reversals, chargebacks,
fees, fines, penalties or other liability or losses to Radium or Radium, other customers, third parties or you;
Use your Radium account or the Radium services in a manner that we, Sila,or any other electronic funds transfer network reasonably believes to be an abuse of the system or a violation of card association or network rules;
Have any amounts owed to us;
Access the Radium services from outside the United States;
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf or the Radium services;
Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Radium services;
Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf, any of the Radium services or other users’ use of any of the Radium services;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
Use the Radium services to test credit card behaviors, or make excessive or unexplainable transactions;
Circumvent any of our policies or determinations about your Radium account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Radium account(s) when you have amounts owed to us or when your Radium account has been restricted, suspended or otherwise limited; opening new or additional Radium accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Radium account; or
Harass and/or threaten our employees, agents, or other users.
ACTIONS WE MAY TAKE IF YOU ENGAGE IN ANY RESTRICTED ACTIVITIES
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
Terminate this user agreement, limit your Radium account, and/or close or suspend your Radium account;
Refuse to provide the Radium services to you in the future;
Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf, your Radium account or any of the Radium services, including limiting your ability to pay or send money with any of the payment methods linked to your Radium or PayPal account, restricting your ability to send money or make bank transfers;
Hold money in your Radium account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
Update inaccurate information you provided us;
Take legal action against you; or
If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.
If we close your Radium account or terminate your use of the Radium services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your Radium account or that has been sent to you available for bank transfers.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Radium services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.
Holds and Limitations
WHAT ARE HOLDS AND LIMITATIONS
Under certain circumstances, in order to protect Radium and the security and integrity of the network that uses the Radium services, Radium may, in its sole discretion, take account-level or transaction-level actions.
Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Radium, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Radium account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
A hold is an action that Radium may take under certain circumstances either at the transaction level or the account level. When Radium places a temporary hold on a transaction, the money is not available to either the sender or the recipient. Radium reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.
HOLDS BASED ON RADIUM’S RISK DECISIONS
We may place a hold on transactions involving your Radium account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Radium account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.
Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.
Limitations are implemented to help protect Radium and Radium users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Radium account open.
There are several reasons why your Radium account could be limited, including:
New users may experience longer than normal processing times as Radium works to ensure that an individual’s identify is accurate and funds transferred to a Sila account via Radium have sufficient funds to execute such a transaction.
If we suspect someone could be using your Radium account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
If another financial institution alerts us that someone has used one of your linked payment methods without permission.
In order to comply with the law.
If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
COURT ORDERS, REGULATORY REQUIREMENTS OR OTHER LEGAL PROCESS
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Radium account, placing a hold or limitation on your Radium account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your Radium account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.
PROTECTION FROM UNAUTHORIZED TRANSACTIONS
To protect yourself from unauthorized activity in your Radium account, you should regularly log into your Radium account and review your Radium account statement. We will notify you of each transaction by sending an email to your primary email address on file and/or [creating a story in your feed], depending on your preferences. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
We will protect you from unauthorized activity in your Radium account. When the below protection applies, we will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.
WHAT IS AN UNAUTHORIZED TRANSACTION
An “Unauthorized Transaction” occurs when money is sent from your Radium account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Radium account, and sends a payment from your Radium account, an Unauthorized Transaction has occurred.
WHAT IS NOT CONSIDERED AN UNAUTHORIZED TRANSACTION
The following are NOT considered Unauthorized Transactions:
If you give someone access to your Radium account (by giving them your login information) and they use your Radium account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
REPORTING AN UNAUTHORIZED TRANSACTION
If you believe your Radium login information has been lost or stolen, please contact Radium customer service immediately or call: 703-679-7631 or write: Radium, Attn: Radium Error Resolution Department, 805 S. Wayne St. Arlington, VA 22204.
Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means, or if your Radium-activated mobile phone has been lost, stolen, or deactivated. You could lose all the money in your Radium account. If you tell us within 60 days after we provide you your Radium account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.
Also, if your Radium account statement shows transfers that you did not make, including those made with your Radium login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. [If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.]
Filing a chargeback or reversal with your financial institution related to a Radium payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by contacting Radium customer service immediately or call: 703-679-7631 or write: Radium, Attn: Radium Error Resolution Department, 805 S. Wayne St. Arlington, VA 22204.
WHAT IS AN ERROR
An “error” means the following:
When money is either incorrectly taken from your Radium account or incorrectly placed into your Radium account, or when a transaction is incorrectly recorded in your Radium account.
You send a payment and the incorrect amount is debited from your Radium account.
An incorrect amount is credited to your Radium account.
A transaction is missing from or not properly identified in your Radium account statement.
We make a computational or mathematical error related to your Radium account.
WHAT IS NOT CONSIDERED AN ERROR
The following are NOT considered errors:
If you give someone access to your Radium account (by giving them your login information) and they use your Radium account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
You request a receipt or periodic statement documents that we are required to provide to you.
Routine inquiries about money in your Radium account or the status of a pending transfer to or from your Radium account, unless you expressly notify us of an error in connection with the transfer.
Requests for duplicate documentation or other information for tax or other recordkeeping purposes.
In case of errors or questions about your electronic transfers please contact Radium customer service immediately or call: 703-679-7631 or write: Radium, Attn: Radium Error Resolution Department, 805 S. Wayne St. Arlington, VA 22204.
Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Filing a chargeback or reversal with your financial institution related to a Radium payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:
Tell us your name and account number (if any).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Radium account within 10 business days for the amount you think is in error and will notify you within 2 business days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Radium account.
For errors involving new Radium accounts, we may take up to 90 days to investigate your complaint or question. For new Radium accounts, we may take up to 20 business days to credit your Radium account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation.
If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 business day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.
Users may close their account and terminate their relationship with Radium without cost, but users remain liable for all obligations related to a Radium account even after that account is closed. Any incomplete transactions or transfers must be completed or canceled, and users must transfer any money from your Radium account before closing such account.
In certain cases, are restricted from closing a Radium account, including:
To evade an investigation.
Accounts with a pending transaction or an open dispute or claim.
Accounts in arrears.
An account that is subject to a hold, limitation or reserve.
Radium will rectify processing errors that are discovered. If the error results in:
A user receiving less than the correct amount to which you were entitled, then we will credit your Radium account for the difference between what the user should have received and what was received.
You receiving more than the correct amount to which you were entitled, then we will debit your Radium account for the difference between what you actually received and what you should have received.
Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
through no fault of ours, you did not have enough available funds to complete the transaction;
our system was not working properly and you knew about the breakdown when you started the transaction; or
the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.
Processing errors are not:
Delays that result from us applying holds and limitations.
Delays based on a payment or bank transfer review.
Delays described under How to Buy Something related to the time it may take for a purchase transaction to be completed in some situations.
Your errors in making a transaction (for example, mistyping an amount of money that you are sending).
COMMUNICATIONS BETWEEN YOU AND US
If you provide us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your Radium branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.
We may communicate with you about your Radium account and the Radium services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 business days after we send it.
Unless you’re communicating with us about a matter where we’ve specified another notice address, written notices must be sent by postal mail to: Radium, Attention: Legal Department, 805 S. Wayne St. Arlington, VA 22204.
You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
OUR SUSPENSION AND TERMINATION RIGHTS
We, in our sole discretion, reserve the right to suspend or terminate this user agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf or some or all of the Radium services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.
As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your Radium account and any other funds held in our possession.
AMOUNTS OWED TO US
We may deduct amounts owed to us, in whole or in part, from money that is sent to your Radium account later, either by you or from payments sent to you. While you owe amounts to us, we may:
reverse payments you have sent;
engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and
place a limitation or take other action on your Radium account as outlined under Restricted Activities and Holds.
If you have more than one Radium account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one Radium account against money in or money sent to your other Radium account(s). If you continue using your Radium account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.
In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your Radium account or accounts held at our affiliates or various products to pay any amounts that are past due.
IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.
ASSUMPTION OF RIGHTS
If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our discretion.
Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
Indemnification and Limitation of Liability
In this section, we use the term “Radium” to refer to Radium Payments LLC, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.
You must indemnify Radium for actions related to your Radium account and your use of the Radium services. You agree to defend, indemnify and hold Radium harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Radium services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Radium account or access our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf, or any of the Radium services on your behalf.
LIMITATION OF LIABILITY
Radium’s liability is limited with respect to your Radium account and your use of the Radium services. In no event shall Radium be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf, any of the Radium services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Radium is not liable, and you agree not to hold Radium responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf, or any of the Radium services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf and any of the Radium services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf or any of the Radium services or any website or service linked to our websites, software or any of the Radium services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf or any of the Radium services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Radium account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.
Disclaimer of Warranty And Release
The Radium services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not have any control over the products or services provided by sellers who accept Radium as a payment method, and we cannot ensure that a Radium user or a seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Radium services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Radium services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the Radium services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOUR RELEASE OF US
If you have a dispute with any other Radium account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
AGREEMENT TO ARBITRATE
If a dispute arises between you and Radium regarding the Radium services or otherwise, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Radium regarding the Radium services may be reported to customer service online through Radium customer service or call: 703-679-7631 or write: Radium, Attn: Radium Legal Department, 805 S. Wayne St. Arlington, VA 22204.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in [the city closest to your residence having a federal district courthouse]. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this user agreement including, but not limited to, any claim that all or any part of this user agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Radium will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This user agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Arlington, Virginia, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Arlington, Virginia for the purpose of litigating such claims or disputes.
WAIVER OF RIGHT TO JURY; CLASS ACTION WAIVER
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
"Radiumpayents.com," “Radium.cash,” "Radium," and all logos related to the Radium services are either trademarks or registered trademarks of Radium or Radium’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Radium. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Radium services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Radium or the Radium services or display them in any manner that implies Radium’s sponsorship or endorsement. All right, title and interest in and to the Radium websites, any content thereon, the Radium services, the technology related to the Radium services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Radium and its licensors.
LICENSE GRANTS, GENERALLY
If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Radium grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Radium services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, us and third parties.
We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Radium services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology.
You acknowledge that all rights, title and interest to our software are owned by Radium and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you use on the Radium websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Radium does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Radium services.
License grant from you to Radium; intellectual property warranties
We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using Radium services, you grant us (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. We will not compensate you for any of your content. You acknowledge that our use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against us.
You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.
“Business Day(s)” means Monday through Friday, excluding holidays when Radium’s offices are not considered open for business in the U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.
CONSUMER FRAUD WARNING
We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
Seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of Radium.
Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their money.
Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us at firstname.lastname@example.org
If you do not log in to your Radium account for two or more years, we may close your Radium account and send any of your funds held in our possession to your primary address (if we have verified the [required identifying information [LINK?]] that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your Radium account. If your address is unknown, any of your funds held in our possession will be escheated to the State of Delaware. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
Your use of Radium services requires that you device share your location, at a minimum, when the application is in use. Radium uses this location to identify other users in your vicinity in order to populate a list of those users on your device. You agree to share the location of your device with Radium in order to utilize Radium services.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of [New York], without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Radium regarding your use of the Radium services.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;
ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or
requiring you to provide your driver’s license or other identifying documents.
Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain Radium services. We reserve the right to close, suspend, or limit access to your Radium account and/or the Radium services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
In addition to reporting complaints about the Radium services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your Radium account and the Radium services by email. To make such a request, send a letter to Radium to: Radium, Attention: Legal Department, 805 S. Wayne Street, Arlington, VA 22204, include your email address, and your request for that information by email.
Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.
THIRD PARTY PROVIDERS
The Radium app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the Radium services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the Radium Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Radium, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the Radium services and for providing maintenance and support services for the Radium services.
Covered Third Parties have no warranty obligations whatsoever with respect to the Radium Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Radium services to conform to any warranty provided by us, if any, will be our sole responsibility.
We, not any Covered Third Parties, are responsible for addressing any claims relating to the Radium services, including, but not limited to: (i) product liability claims; (ii) any claim that the Radium Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.
If you are using the Radium Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Radium services.
UNLAWFUL INTERNET GAMBLING NOTICE
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Radium account or your relationship with Radium. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
YOUR USE OF INFORMATION; DATA PROTECTION LAWS
If you receive information about another Radium customer, you must keep the information confidential and only use it in connection with the Radium services. You may not disclose or distribute any information about Radium users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a Radium customer or use the Radium services to collect payments for sending, or assist in sending, unsolicited emails to third parties.
The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.
In complying with such laws, you will:
implement and maintain all appropriate security measures for the processing of personal data; and not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.