Terms of Use
The following terms ("Terms") constitute an agreement between Radiant Knowing, LLC ("Company") and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website"), located at https://radiantknowing.com.
Throughout these Terms, the collective content from the Website, Products, or other content will be referred to as “Company Content.”
Your use of the Website and/or Company Content constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update its Company Content, policies, and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Company Content.
ADDITIONAL TERMS
Any additional policies or terms adopted by Company are incorporated into these Terms. This includes:
COMPANY PRODUCTS
Company offers products that you may purchase through the Website. This may include downloadable products (“Digital Products”) or self-paced courses (“Courses”). In these Terms, “Products” will refer to all products available for purchase, including the Digital Products and Courses.
No Medical Advice
You understand and agree that Company may include dietary, nutrition, wellness, and general healthy living information in the Products. If you purchase the Products, you understand that Company serves as a facilitator and educator only.
You understand that Company does not provide:
(a) Medical assessment or consultation;
(b) Medical advice or medical treatment;
(c) Individualized fitness recommendations;
(d) Medical nutrition therapy or the practice of dietetics;
(e) Counseling; or,
(f) Psychotherapy or psychoanalysis.
You understand that you must seek such services from the appropriate licensed provider. You understand that it is your responsibility to discuss all changes to your fitness routine, diet, or potential dietary supplement use with your medical provider prior to making any changes.
Please see our Disclaimer for additional information.
Digital Products
Digital Product Purchase
Through the Website, you may purchase Digital Product(s). The cost to purchase any particular Digital Product is listed on the purchase page at the time you complete your purchase. Upon our receipt of your payment, you will be granted access to the Digital Product.
We do not offer refunds on your purchase of the Digital Products.
License to use Digital Products
All Digital Products were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without written permission from Company, except as stated herein
Courses
Course Purchase
Through the Website, you may purchase enrollment into the Course(s). The cost to purchase the Course is listed on the enrollment page at the time you complete your purchase. Upon our receipt of your payment, you will be granted access to the Course.
We do not offer refunds on your purchase of the Course.
Course Access
The Course is intended and suitable for individuals age 18 and over.
To access the Course, you must create an account on the Course’s technological platform. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Course.
You will have “Lifetime Access” to the Course content, which the Company defines as follows: You will have access to the Course for as long as the Company hosts the Course and it remains available on the Course portal. In the event that Company determines that the Course will no longer be available, Company shall provide you with notice by email.
License for Use of Course Materials
The Course contains self-paced video and written material (“Materials”). All Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without written permission from Company, except as stated herein.
TESTIMONIALS
If you provide us with a testimonial regarding your experience with our Products, you grant us the right to publish the testimonial for marketing purposes. If you provide it with your testimonial content, this includes the right for us to use your name and likeness.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms. Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
· Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
· Reproduction or duplication of any content in the Company Content for commercial purposes;
· Modification of any content in the Company Content;
You are permitted to share public content from the Website on social media channels, as long as a you provide a link to the Website on the channel where the content was originally shared. You are prohibited from sharing the Products without prior permission.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software. You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission. You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Website for any third-party marketing without Company's express written permission.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners. From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS
In limited circumstances, you may contribute content to the Website or Products, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party. Company reserves the right to edit or remove: (i) any material submitted to the Company Content; (ii) stored on Company's servers; or, (iii) hosted or published in the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding Company's rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
COMMENT POLICY
The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:
· harassment directed toward any content creator or Company;
· spam;
· hate speech;
· defamatory statements regarding Company or any third party;
· references to illegal acts; or,
· comments that may violate the legal rights of a third party.
Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
AFFILIATE MARKETING
From time to time, Company may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, Company will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Company will receive a commission when you make supplement purchases through Fullscript.
Radiant Knowing, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.
FTC DISCLOSURE
From time to time, Company may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements in the Company Content are clearly and conspicuously disclosed. Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed in the Company Content are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to info@radiantknowing.com and we will remove the image within 2 to 5 business days.
COMMUNICATION
If you send Company an email, register to use the Website, purchase a Product, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Company Content is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Company Content or the information and materials provided therein. Company makes no warranty the Company Content, including the Website or any portal related to accessing the Products, will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Company Content is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Oregon. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Multnomah County, Oregon. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to info@radiantknowing.com for Company and to your email address.
Updated: December 20, 2022