TERMS OF USE – By Using this Website, You Agree to these Terms

Last updated: February 18, 2019

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE (“TERMS”).  THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON FAST RADIUS’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.   

BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS WHICH CREATES A BINDING AGREEMENT BETWEEN YOU AND FAST RADIUS, INC.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. 

We make information, products, and services available on this Site, subject to these Terms.  We are willing to grant access to and use of the Site to you solely upon your acceptance of these Terms, without modification.   

Fast Radius, Inc. is a Delaware corporation with offices located at 113 N. May Street Chicago, Illinois 60607 (together with our subsidiaries “Fast Radius,” “we” or “us”).  If you have any questions or comments regarding the Site or Content, please refer to the Contact Us section of the Site. 

As used in these Terms, “Site” refers to the Fast Radius website including www.fastradius.com and all networked websites operated by or for Fast Radius, including the Web Portal, and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Site ("Content"). 

As used in these Terms, “you” refers to you, the user, including any entity you represent or on whose behalf you are accessing the Site.  

DATA AND PRIVACY 

Our policy regarding data is governed by the Privacy Policy, in addition to these Terms.

By accepting these Terms, you also understand and consent to the Fast Radius Privacy Policy, incorporated as if fully set forth herein.      

USE BY MINORS PROHIBITED

The Site not intended to be used by, or targeted to, anyone under the age of 18 years (or the legal age of majority if greater where you live).  If you have not reached the age of majority, please do not use the Site.

OTHER AGREEMENTS 

Your use of the Site is subject to any other written agreement you may have with Fast Radius, including the Fast Radius Privacy Policy and Web Portal Terms of Use.  In the event that any term or condition in any other written agreement directly conflicts with a term or condition in these Terms, the terms and conditions contained in such other written agreement shall prevail. 

HOW YOU CAN USE THE SITE AND CONTENT

You must use the Site and Content only in accordance with these Terms.  You may not, and you may not allow third parties, to:

  • a)  Use the online services for any purpose that is unlawful or prohibited by these Terms;
  • b)  Delete or change any copyright, trademark, or other proprietary notices;
  • c)  Attempt to obtain ownership or title to the Site, Content, or any portion thereof;
  • d)  Rent, lease, sell, sub-license, loan, merge, adapt, assign or transfer the Site, Content, or any portion thereof, or combine them with, or incorporate them into, any other programs or services;
  • e)  Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the Site, Content, or any portion thereof;
  • f)  Transfer, provide, export or re-export the Site, Content, or any portion thereof, in violation of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
  • g)  Use or launch any unauthorized technology or automated system to access the Site, Content, or any portion thereof, or extract information or data therefrom, including but not limited to spiders, trojans, spy-ware, malware, or any other malicious or surreptitious software or program, robots, screen scrapers, or offline readers; or
  • h) Manufacture or seek to manufacture any product in violation of any legal obligation.

USING THE WEB PORTAL

Certain Site users have access to Web Portal section of the Site where we collaborate with them and provide feedback, evaluation and optimization recommendations for additive production.  In addition to the rights and obligations found elsewhere in these Terms, the rights and obligations in this section apply specifically to use of the Web Portal.

CONSENT TO SCREEN RECORDING

As part of our beta testing efforts, Fast Radius may record some or all of your screen while you are logged in to the Web Portal, without further notice to you.  Fast Radius will collect and retain this information to improve the Web Portal. YOU HEREBY CONSENT TO SUCH SCREEN RECORDING.  

DELETION OF YOUR DATA

Throughout your use of the Web Portal, you may select an option to delete data that you have submitted to us.  By clicking the button to delete data from the Web Portal, you are choosing to delete that data from your view of the Web Portal – the data will still remain on Fast Radius’ system.  This allows us to provide an “undo” feature allowing you to easily view and use data that was deleted by mistake without the need to re-upload and process the data. Should you wish to remove your data from Fast Radius’ system please send an email to [email protected] with the subject line “DATA REMOVAL REQUEST.”

By accessing the Web Portal, you agree to the following additional terms and conditions:

  • a)  The Web Portal is a team-based collaborative tool and everyone on your team has full access to the Web Portal, meaning that all team members can upload, view, edit, and comment on information provided by view and information provided by Fast Radius.  By using the Web Portal, you understand and agree that all information therein can be viewed by all members of your team.
  • b) You may submit information by using the Web Portal, including your name, e-mail address, contact information, password, part numbers, part names, labels, tags, material and production information, technical details, business details, pricing, volume information, lead and production time, current challenges, mechanical requirements, tolerances, comments, design files, and supporting documents.  With respect to such information you agree to the following:
    • (i) Your submission of information, including design files, does not breach the terms of any other agreement or legal obligation, including but not limited to the intellectual property rights of any third-party;
    • (ii) You grant us a license to use the submitted information, including design files, to provide services in connection with the Web Portal;
    • (iii) You represent and warrant that you have authority to use the Web   Portal and to use and access the information you submit to us for such purpose.  If you are unsure whether you have such authority, please do not use the Web Portal until you confirm such information; and
    • (iv) You agree that we may contact you at the email address and phone number associated with your account.
  • d) You represent and warrant that your Fast Radius account details, including your name, email address, and phone number are correct.  If they are inaccurate, please contact Fast Radius immediately.
  • e) You understand that all services provided by Fast Radius via the Web Portal are provided solely at Fast Radius’s discretion and may be discontinued at any time.  Your use of the Web Portal does not obligate Fast Radius to provide any services to you, other than to return any information uploaded by you in accordance with our Privacy Policy.

REQUESTING A QUOTE

You may use the Site to request a price quote from us by using the Quote page and web form which requires submission of certain information.  Please know that by using the Site to request a quote, you are merely requesting information and we cannot guarantee that submission of information will result in a quote being generated.  We may, in our sole discretion, decline to offer you a quote.

By requesting a quote and submitting information to us, you specifically agree to the following terms in addition to the other terms and conditions contained herein:

  • a) Your submission of information, including design files, does not breach the terms of any other agreement or legal obligation;
  • b) You grant us a license to use the submitted information, including design files, to generate a price quote;
  • c) You agree to be contacted by a Fast Radius representative via telephone, e-mail, or other commercially reasonable means, at the contact information you provide to us; and
  • d) You represent and warrant that you have authority to request a quote and to use the information you submit to us for such purpose.

LINKS TO OTHER WEBSITES OR ONLINE SERVICES

The Site contains links, including “share” buttons and links to other websites or online services including LinkedIn, Facebook, and Twitter, (collectively “Third Party Services”).  We do not control Third Party Services and are not responsible for the consequences of your use of such services. Links to Third Party Services are provided for convenience and the inclusion of a link does not imply endorsement by Fast Radius.  Your use of Third Party Services may be governed by different terms than those contained herein. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.

UNILATERAL RIGHT TO MODIFY 

We reserve the right to change these Terms in our sole discretion and will provide you with notice of such change by posting the revised Terms on the Site or by other reasonable means.  You can determine when these Terms were last revised by referring to the “”Last Updated” legend at the top of these Terms.  Your use of the Site after such changes are posted indicates your acceptance of such changes. 

RIGHT TO TERMINATE 

You may stop using the Site at any time and you understand and hereby agree that we may termination your use of or access to the Site or Content at any time.   

CHOICE OF LAW 

These Terms shall be governed by the laws of the State of Illinois, U.S.A. without regard for its conflict of laws principles.   

The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. 

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or your use of any Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

JURISDICTION  

You hereby submit to the jurisdiction of the State of Illinois.  Except as otherwise provided herein, you agree that any dispute between you and Fast Radius will be resolved in Chicago, Illinois.  In the even that a dispute may be brought in court and not in arbitration, the exclusive venue for such dispute between shall be in the state or federal court in Chicago, Illinois except that any action to enforce an arbitration award, or enter judgment thereon, may be brought any venue, as allowable by law. 

SEVERABILITY 

If a court or arbitrator of competent jurisdiction finds any provision of these Terms to invalid or unenforceable, such finding will not affect the other provisions of these Terms, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties.  The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. 

CONTRACTUAL STATUTE OF LIMITATIONS

Unless a shorter statute of limitations is imposed by law, all arbitration proceedings must be commenced within 12 months after you become aware, or should, in the exercise of reasonable diligence, have become aware, of the act or omission giving rise to the claim, dispute, or controversy, whichever is earlier.

ARBITRATION AGREEMENT 

All disputes, claims and controversies relating in any way to your use of the Site or Content, or to any products or services sold or distributed by such Site, or otherwise arising out of or relating to these Terms will be resolved by binding arbitration, rather than in court, except that  we both agree that you or we may bring suit in court to enjoin infringement or other misuse, seek money damages, and enforce intellectual property rights and that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to these Terms. 

To commence an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:  Legal Department Fast Radius, LLC. 113 N. May Street Chicago, Illinois 60607 The arbitration will take place in Chicago, Illinois in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures.  Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations."  In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. 

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN OR AS A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  IF A CLAIM PROCEEDS IN COURT, YOU AND FAST RADIUS AGREE TO WAIVE THE RIGHT TO A JURY TRIAL. 

The arbitration panel shall consist of one individual appointed by you and us.   Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the dispute.  If we fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA.  Such office shall, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph in accordance with that office’s timeline.  The arbitrator shall render its decision as soon as reasonably possible after his or her appointment and must follow the terms of these Terms. 

This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof.  Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. 

The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party. 

LIMITATION OF LIABILITY 

FAST RADIUS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE SITE OR CONTENT.  NOTHING IN THIS SECTION IS INTENDED TO LIMIT FAST RADIUS'S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY OUR OWN GROSS NEGLIGENCE, INTENTIONAL OR CRIMINAL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.   Fast Radius reserves all legal rights to recover damages or other compensation under these Terms or as allowed by law. 

DISCLAIMER OF ALL WARRANTIES “AS IS” 

The Site and Content may include inaccuracies or errors. WE PROVIDE THE SITE ANDCONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE SITE OR CONTENT WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST FAST RADIUS  FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. 

INDEMNIFICATION 

You agree to indemnify, defend and hold Fast Radius harmless from and against any and all claims, lawsuits, loss, costs (including reasonable attorneys’ fees), expenses, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site; (b) violation of these Terms, or (c) violation of any law, regulation or third party rights.  You shall pay and advance any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by Fast Radius connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

ADDITIONAL TERMS APPLICABLE TO CORPORATIONS

The following terms and conditions apply specifically to any corporation or other legal entity that accesses the Site or Content: you agree to require each of your agents to be bound by the terms and conditions of these Terms and you agree to remain responsible and liable for all acts and omissions of your agents in connection with the Site or Content, including any breaches of these Terms. All references to your access and/or use of the Site or Content herein include access and/or use of the Site or Content by your agents. You agree that each of your agents is responsible for maintaining the confidentiality of any password that such agent may use to access the Site, and you agree not to let any agent transfer a password or user name, or lend or otherwise transfer use of or access to the Site, to other agents or any third party. If your agent ceases to be your agent, whether through termination of employment or contract or otherwise, or if you wish to disable an agent’s access to the Site, you are responsible for any such changes. You are fully responsible for all interaction with the Site that occurs in connection with passwords or user names associated with your agents (including any former employees). 

HOW WE COMMUNICATE WITH YOU 

You have a choice in how we communicate with you.  By accessing the Site, you consent to receiving communication from us, including e-mails.  You can opt in or out of communications programs including e-mail.  You can unsubscribe from e-mail messages from us using the unsubscribe processes described in such communications. 

INTELLECTUAL PROPERTY 

We retain all right title and interest in the Site and Content.  Nothing herein intends to transfer any rights to, or vest any such rights in, you.  You may not take any action to jeopardize, limit or interfere with Fast Radius’s or its licensor’s rights. 

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Fast Radius or its licensors.  The Site or Content may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Fast Radius a notice requesting that Fast Radius remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Fast Radius a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Legal Department Fast Radius, LLC. 113 N. May Street Chicago, Illinois 60607 Tel: (888) 773-3446

Fast Radius suggests that you consult your legal advisor before filing a notice or counter-notice.

The Site and Content are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

MISCELLANEOUS 

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce its rights against you, or delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.    We may transfer our rights and obligations under these Terms to another organization or entity, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we so agree in writing. 

NOTICE

If you have a question or complaint regarding the Site, please feel free to contact us at the address below:

  • Legal Department, Fast Radius, LLC.
  • 113 N. May Street Chicago, Illinois 60607
  • [email protected]
  • 888 773-3446.