Stay Rad! Shop of Use Agreement

Last Updated: January 21, 2024

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Introduction

This Terms of Use Agreement (hereinafter “Agreement”), Stay Rad! Shop Privacy Policy, and all policies posted on our Site www.stayradshop.com (hereinafter “Site”) set out the terms on which Stay Rad! Shop offers users of the Site access to and use of our products, and services (collectively “Services”). All policies and Stay Rad! Shop Privacy Policy are incorporated into this Terms of Use Agreement.

The entity you are contracting with is Stay Rad! Bikes & Boards Inc. (hereinafter “Stay Rad! Shop”), a Canadian company. The Site is an E-commerce website that sells complete pro scooters, scooter parts, safety equipment, and accessories. The terms “we”, “us”, and “our” also refer to Stay Rad! Shop.

This Terms of Use Agreement is effective as of July 17, 2021

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We reserve the right to change the nature of this relationship at any time and to revise this Agreement from time to time as we see fit.  As such, you should check this Agreement periodically. https://www.stayradshop.com/store-policies

Your use of our Services constitutes your binding acceptance of this Agreement, including any modifications that we make.

Some of the Services may be subject to additional posted conditions (“Additional Terms”). Your use of those Services is subject to those Additional Terms, which are incorporated into this Agreement by reference. In the event of an inconsistency between this Agreement and any Additional Terms, the provisions of the Additional Terms shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Services;

2. Change, suspend or discontinue all or any part of our Services;

3. Refuse, move, or remove any content that is available on all or any part of our Services;

4. Deactivate or delete your accounts;

5. Establish general practices and limits concerning use of our Services.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices from Stay Rad! Shop.

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Privacy Policy

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Your use of the Site is subject to Stay Rad! Shop Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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Using Our Services

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1. Using the Site and Your Account.

2. Accessing the Site. THE SITE IS INTENDED FOR ACCESS AND USE BY INDIVIDUALS THIRTEEN (13) YEARS OF AGE AND OLDER. HOWEVER VERIFIABLE PARENTAL CONSENT IS REQUIRED FOR ALL INDIVIDUALS SEVENTEEN (17) YEARS OF AGE AND YOUNGER.  BY ACCESSING AND USING THE SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR THAT YOU OBTAINED THE REQUISITE PARENTAL CONSENT FOR SUCH ACCESS.

3. A Special Notice to Minors. IF YOU ARE THIRTEEN (13) YEARS OLD OR YOUNGER, YOU UNDERSTAND THAT WE MAY NOT COLLECT, USE, OR DISCLOSE ANY PERSONAL OR PAYMENT PROCESSING INFORMATION FROM YOU WITHOUT FIRST OBTAINING VERIFIABLE CONSENT FROM A PARENT OR GUARDIAN, IN COMPLIANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”). YOU UNDERSTAND THAT WE MAY ASK YOU FOR ANY AND ALL INFORMATION ABOUT A PARENT OR GUARDIAN NECESSARY TO OBTAIN VERIFIABLE CONSENT UNDER COPPA, INCLUDING, BUT NOT LIMITED TO, A PARENT OR GUARDIAN’S NAME AND/OR EMAIL ADDRESS. YOU UNDERSTAND THAT A PARENT OR GUARDIAN MUST GIVE VERIFIABLE CONSENT, THROUGH ELECTRONIC-SIGNATURE OF A CONSENT FORM, EITHER DIRECTLY ON OUR SITE OR VIA EMAIL, BEFORE YOU CAN USE OUR SERVICES.

4. Creating an Account. Once you create an account with us, you are registered on Stay Rad! Shop Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Stay Rad! Shop and across our Services. Your account is only valid for your personal, non-commercial use of the Site and all other parts of our Services. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site or any other part of our Services.

5. How Children use Stay Rad! Shop Services. As stated in “A Special Note About COPPA and the Privacy of Minors” in the Stay Rad! Shop Privacy Policy https://www.stayradshop.com/store-policies children seventeen years (17) or younger may need to obtain permission from a parent or guardian to use the Site.

6. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

7. Limitations. You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose (unless such Communication Service specifically allows such messages); conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; and violate any and all applicable laws or regulations.

8. Monitoring. Stay Rad! Shop is under no obligation to monitor the Communication Services. However, Stay Rad! Shop reserves the right, in its sole discretion to review materials posted to a Communication Service and to remove any materials it finds in violation of Stay Rad! Shop policies. Stay Rad! Shop reserves the right, in its sole discretion to terminate your access to any or all of the Communication Services at any time without notice, and for any reason.

9. Your Information in Communication Services. Stay Rad! Shop, in its sole discretion reserves the right at all times to disclose any information, as necessary, to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part.

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Use caution when giving out any identifying information about yourself, or your children in any Communication Service. Stay Rad! Shop does not control or endorse the content, messages, or information dispersed in any Communication Service and, therefore, Stay Rad! Shop specifically disclaims any liability with regard to the Communication Services, and any actions resulting from your participation in any Communication Service. Managers and hosts of Communication Services are not authorized spokespersons of the Site or company, and their views do not reflect those of Stay Rad! Shop.

Materials uploaded to a Communication Service may be subject to the posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

1. Your Information.

2. When you create an account on the Site we may ask you to provide us with certain personal information about yourself, including and without limitation, your name, address, telephone number, email or other electronic address and applicable billing information (e.g., credit card number and expiration date) (collectively, “Your Information”). We also collect non-personal information, such as a domain name, IP Address, type of internet browser you are using, operating system, and which of our Web pages you accessed. Please review our Privacy Policy (https://www.stayradshop.com/store-policies) for clarification on how we may use Your Information and other information that you may provide or submit while using the Site and our Services.

3. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history.  Our right to disclose any such information is governed by the terms of our Privacy Policy (https://www.stayradshop.com/store-policies).

4. Your Password.  When you create an account you will provide a unique username and email.  We will also ask you to create a password.  Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Stay Rad! Shop is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

5. Links to Third Party Sites/Third Party Services

6. The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Stay Rad! Shop and we are not responsible for the contents of any Linked Site, including and without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Stay Rad! Shop is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stay Rad! Shop, the Site, or any association with its operators.

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Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.stayradshop.com domain, you hereby acknowledge and consent that Stay Rad! Shop may share such information and data with any third party with whom Stay Rad! Shop has a contractual relationship to provide the requested product, service, or functionality on behalf of users and customers.

1. General Conditions.

2. Stay Rad! Shop is not liable if it is unable to perform its obligations under this Agreement, due directly or indirectly to the failure of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of the bank or its servants or agents. Stay Rad! Shop shall not be responsible for any delay in the transmission to the bank of evidence of retail purchases by the participating merchants or any other third party. Stay Rad! Shop reserves the right to vary, delete or add to any of these terms and conditions at any time at its discretion without notice. Stay Rad! Shop  decision on all matters relating to your use of the Services is final and binding on the member. All information is accurate at the time of printing or posting online.

3. The Service is controlled, operated and administered by Stay Rad! Shop from our offices within the Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use Stay Rad! Shop content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

4. E-Commerce.

5. Placing Orders. After placing an order for a product offered by Stay Rad! Shop on our Site, you authorize us to charge your credit card for the cost of the product. Unless noted, fees are in Canadian dollars; tax is additional. We may refuse purchases, which may place a hold on your account.

6. Return and Exchanges.  All returns and exchanges must be reported to Stay Rad! Shop  within 14 days of receiving your merchandise(s). The 14-day period begins when merchandise is delivered. A completed and legible Return/Exchange Goods Form is required for returns. A RMA is also required and can be obtained by contacting one of our customer service representatives by telephone or email. Return procedures may vary by product, therefore it is important that you contact us for proper authorization and instruction. Stay Rad! Shop will not be held liable for any returns done without proper authorization. Please make sure you include the Return/Exchange Goods Form in the box with your return item(s). The customer is responsible for all shipping charges on any return and/or exchange. Returned items must be in new condition and in its original packaging. A 10% restocking fee will be applied to your return. If the item(s) are damaged, and depending on condition, a 15 – 20% return/restocking fee will be applied. We advise patrons to insure the return with a Signature on Delivery to guarantee the package arrives to its proper destination. Stay Rad! Shop  is not responsible for any items lost or damaged during the return shipping process.

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Returns must be sent to: Stay Rad! Shop 5230 South Service Road, Unit 301 Burlington, ON L7L 5K2. Please contact stayradicalbmx@gmail.com with any questions.

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Refunds are issued within two (2) business days of receiving returned merchandise. Please be patient as it may take several business days for the refund to be transferred into your account. Shipping costs on returns and exchanges are non-refundable.

1. DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES.

   1. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STAY RAD! SHOP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

2. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY STAY RAD! SHOP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STAY RAD! SHOP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE VAULT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK

3. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STAY RAD! SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STAY RAD! SHOP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), GRAPHICS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM STAY RAD! SHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAY RAD! SHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), GRAPHICS,OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING RESULTING FROM DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STAY RAD! SHOP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

4. CERTAIN FEDERAL AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

5. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STAY RAD! SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STAY RAD! SHOP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), GRAPHICS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PETHE VAULT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAY RAD! SHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), GRAPHICS,OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING RESULTING FROM DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STAY RAD! SHOP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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LIABILITY WAIVER. YOU ASSUME ALL ASSOCIATED RISKS WITH THE PURCHASE OF ANY PRODUCT ON STAY RAD! SHOP. STAY RAD! SHOP ASSUMES NO RESPONSIBILITY OF ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH ANY PRODUCT OR SERVICE PURCHASED ON THE WESBITE. YOU MUST ADHERE TO ALL LOCAL, PROVINCIAL, AND FEDERAL LAWS AND ORDINANCES DURING THE USE OF ANY PRODUCT OR SERVICE. DETERMINING THE NATURE OF THESE LAWS AND ORDINANCES IS YOUR RESPONSIBILITY. THE PLACEMENT OF AN ORDER IMPLIES THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE CONTENTS AND RESPONSIBILITIES OF THESE TERMS OF USE.  

1. Termination and Cancellation.  You may terminate your account at any time by contacting us at stayradicalbmx@gmail.com. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. From time to time certain members do not comply with the terms and conditions in the Agreement.  If we determine, in our sole discretion, that you are not in compliance with the Agreement, we reserve the right to cancel your account.

2. Privacy.  Stay Rad! Shop strongly believes in protecting the privacy of users of the Site or any other part of our Services. As such, we aim to provide you with notice of our collection and use of data, including personally identifying information collected from the Site. Therefore, Stay Rad! Shop has adopted a Privacy Policy (https://www.stayradshop.com/store-policies), which is incorporated herein by reference, which you should read to fully understand how we collect and use information.

3. Indemnification.  You shall indemnify and hold harmless, and at Stay Rad! Shop request defend, Stay Rad! Shop, its parents, subsidiaries, and affiliates, as well as its respective directors, officers, shareholders, employees, agents, third parties and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Site and Services, your submission, posting or transmission of information or content, your violation of any rights of a third party, any breach of your obligations set forth in this Agreement, or violations of applicable law, rules, and regulations.  You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates. Stay Rad! Shop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Stay Rad! Shop in asserting any available defenses.

4. Choice of Law and Venue.  The Agreement, your access and use of the Site and Services and the relationship between you and Stay Rad! Shop is governed by the laws of Canada, without giving effect to its conflict of law provisions.  Stay Rad! Shop and you both agree to submit to the personal and exclusive jurisdiction of the courts of Canada.  You are responsible for complying with local laws, if and to the extent local laws are applicable.  Notwithstanding the foregoing, Stay Rad! Shop shall have the right to commence and prosecute any legal or equitable action or proceeding before any Canadian or non-Canadian court of competent jurisdiction to obtain injunctive or other relief in Stay Rad! Shop sole discretion.

5. Copyright and Trademark Notice.  The Site and its Contents Copyright (c) 2021 Stay Rad! Shop all rights reserved.  The domain name, https://www.stasyradshop.com, and all the brands of other Stay Rad! Shop Services shown herein are the trademarks or registered trademarks of Stay Rad! Shop. Other trademarks belong to their respective owners.

6. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Stay Rad! Shop that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other member’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

7. All content included as part of the Service, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Stay Rad! Shop or its suppliers and protected by intellectual property and propriety rights of Canada. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

8. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Stay Rad! Shop content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Stay Rad! Shop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Stay Rad! Shop or our licensors except as expressly authorized by these Terms.

9. Miscellaneous Terms.  Our relationship is not one of agency or partnership and neither you nor Stay Rad! Shop shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site or our Services.  You may not assign or transfer your rights to any third party.  The terms and conditions in the Agreement are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.  If Stay Rad! Shop fails to enforce any provision of the Agreement it shall not constitute a waiver of such provision. As stated above, the Agreement may be modified only by Stay Rad! Shop posting changes to the Agreement on the Site.  Each time you access the Site, you will be deemed to have accepted any such changes in effect at the time of access.  We may assign our rights and obligations under the Agreement.  This Agreement will inure to the benefit of Stay Rad! Shop successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Agreement, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.  The Agreement, the Additional Terms below, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Site and our Services, and they supersede any prior agreements, statements or representations with respect to the same.

10. RESERVATION OF RIGHT TO CHANGE TERMS, CONDITIONS, AND OTHER SERVICES.  We hereby reserve the right to change, amend or modify any and all terms, conditions, rules and regulations of any matter referenced herein at any time for any reason whatsoever.

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Stay Rad! Shop welcomes questions or comments regarding the Terms of Use and Privacy Policy.