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This Terms of Use agreement is issued by Radiant Interactive Group, Inc. (hereafter “Radiant”) and those companies which have licensed Radiant’s website properties (hereafter “Licensees”).
This Terms of Use document applies to all Websites owned and operated by Radiant and licensed to Radiant’s Licensees.
The Websites are hereafter collectively referred to as the “Websites”.
By utilizing any of the Websites, you hereby agree to the following Terms of Use. This agreement is subject to change at any time, and changes are effective upon posting.
NOTICE : If you are having thoughts of suicide right now, the Websites are not the appropriate place to address this issue. Accordingly, we urge you to seek professional intervention immediately . Radiant and its Licensees do not recommend that you utilize the Websites or our Online Coaching Services for this purpose. Instead, we recommend that you call 911 and request connection to a suicide prevention hotline in your area, or that you go directly to your local hospital emergency room. Please do not hesitate to take action. By taking action now, you will be able to speak directly to a caring professional who will listen to your problems, and discuss various alternatives and treatments to help you through this crisis. You can also call one of the following numbers for help:
National Hope Line Network
1-800-Suicide OR 1-800-784-2433
If you cannot decide whether you are in a crisis situation, it is best to assume that you are.
Radiant and its Licensees care very deeply about your well-being, so please do not hesitate to call 911 or go to your local emergency room immediately.
1. CONTENT AND USER SUBMISSIONS
1.1 The content, self-tests, exercises, action plans, and questionnaires appearing on the Websites whether in text, audio, or video format represent only a small sampling of solution - based ideas and alternatives to help you address your current circumstances. This information in no way purports to be definitive or comprehensive, and should not be construed as therapeutic in nature, or as an extension of professional services of any kind. If you require personal assistance from a marriage and family counselor, psychotherapist, psychologist, psychiatrist, attorney, accountant, financial planner, or private investigator, a competent professional should be consulted. Radiant and its Licensees specifically disclaim any responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of the content contained herein.
1.2 The content of the Websites is intended for the personal, noncommercial use of its Users. All materials on the Websites (including, but not limited to, articles, action plans, news articles, photographs, images, illustrations, audio and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the party credited as the provider of the content, software, or other materials. Users shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Websites.
1.3 The Websites are protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as set forth in Section 1 of this Terms of Use, Users may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the terms of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Service in whole or in part.
1.4 Users may download or copy the Content and other downloadable items displayed on the Websites for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Radiant or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
2. PROFILES, FORUMS AND DISCUSSIONS
2.1 User shall not upload to, distribute, or otherwise publish through the Websites, any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment, and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive, or hateful language. Bulletin boards within the Websites are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Neither the Websites, nor the management, endorses the opinions placed on these bulletin boards. User acknowledges that any submissions may be edited, removed, modified, published, transmitted and/or displayed. In addition, User warrants that all moral rights in any upload materials have been waived.
2.2 The Profiles and Forums shall be used only in a noncommercial manner. User shall not, without express approval from Radiant, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Websites or online services which are competitive with the website.
2.3 The Websites welcome input from its users. However, by submitting an idea, suggestion, or recommendation, the User waives all right to the idea as intellectual property, and consents to the Websites utilizing that idea, suggestion, or recommendation without attribution or compensation in perpetuity.
2.4 While Radiant and its Licensees do not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, the management reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene, or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Websites contain links to other World Wide Web Internet sites, resources, and sponsors. Selection of an ad banner or link redirects the User to a third party. Transactions that occur between the User and the Third Party are strictly between the User and the third party and are not the responsibility of Radiant and its Licensees. Radiant and its Licensees are not responsible for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to its site administrator or Webmaster.
3.2 Radiant may from time to time permit its Users to publish links to other World Wide Web Internet sites in their Profile. Neither Radiant nor its management check or reviews to content of User-linked web sites. These links may direct the User to offensive, obscene, or pornographic material. Use of User links is at the User's discretion and peril. Radiant and its Licensees are not responsible for content found on User-linked sites.
4. REPRESENTATIONS AND WARRANTIES
4.1 User hereby represents that User is at least 18 years of age.
4.2 User further represents, warrants and covenants that no materials of any kind submitted by User or use thereof, in accordance with the terms and conditions of this User Agreement, will:
4.2.1 violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right;
4.2.2 contain libelous or otherwise unlawful material;
4.2.3 constitute false or misleading indications of origin or statements of facts;
4.2.4 slander, libel or defame any person or entity;
4.2.5 cause injury of any kind to any person or entity; or
4.2.6 Violate any applicable laws, rules, regulations, or other governmental regulations. User hereby indemnifies, defends and holds Radiant and all officers, directors, owners, agents, information providers, affiliates, licensors and Licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney's fees. User shall cooperate as fully as reasonably required in the defense of any claim. Radiant and its Licensees reserves the right, at User's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, including the selection of legal counsel.
4.3 Radiant and its Licensees are neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Websites by User, information provider or any other person or entity. Radiant, AND ANY MATERIALS PROVIDED BY Radiant OR THIRD PARTIES, ARE PROVIDED "AS IS." Radiant MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. Radiant and its Licensees SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY Radiant OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Radiant HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. User hereby acknowledges that use of the Websites is at the User's sole discretion.
5. SOFTWARE LICENSES
5.1 User shall have no rights to the proprietary software and related documentation enhancements, or modifications thereto, provided to the User to access the Websites (Access Software). User may not sublicense, assign or transfer any licenses granted by Radiant , and any attempt at such sublicense, assignment, or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
6. TERMINATION
6.1 Radiant may, in its sole discretion, terminate or suspend User's access to all or any part of the Websites for any reason, including, but not limited to, breach of the Terms of Use. Termination or suspension does not entitle the User to a refund of subscription monies paid. Termination or suspension will result in the forfeiture of all subscription monies paid.
6.2 Users of the Websites acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts access to the Websites or attempts to alter or improperly access any feature or function of the Website. A User's access may also be subject to termination if the User posts or transmits any illegal content, or harasses or threatens any Websites User or Radiant employee, posts content (including the creation of usernames) that is offensive or otherwise disruptive; creation of multiple accounts, or accounts with false and misleading information; posts unsolicited advertising; or improperly impersonates an employee or other individual.
7. GUIDELINES FOR USE
7.1 The primary purpose of the Websites is to enable members with similar interests to network with each other, exchange stories or pictures, and even to meet each other in person. In this regard, this website is much like a national "Personals" section, and the same care that one would exercise when giving information to strangers, or setting up meetings with strangers, must be used here. Radiant will never give information about one User to another User. Further, Users are cautioned that giving any information to another User on the Websites carries with it significant risks. These risks are greatly increased if you plan to meet other Users face-to-face. Please use caution and common-sense when using the Websites.
7.2 Radiant and its Licensees do not control the information provided by other users that are made available through the Websites. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our Website. You are solely responsible for your interactions with other Website members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Websites, you release Radiant and its Licensees, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Radiant reserves the right, but has no obligation, to monitor disputes between you and other members.
8. PRIVACY POLICY
8.1 Our policy regarding your privacy is stated in Radiant's Privacy Policy , which is incorporated herein by reference and made a part hereof.
9. LIMITATION ON LIABILITY
9.1 Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Radiant be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Websites or the Radiant service, even if Radiant has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Radiant's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Radiant or its licenses for the service during the term of membership.
10. MEDIATION AND ARBITRATION OF DISPUTES
10.1 User hereby agrees that every dispute or difference between User and Radiant and its Licensees, or between User and other Website users, arising out of the use of the Websites, content contained, or services provided therein, shall be settled first by a meeting of the Parties attempting to confer and resolve the dispute in a good faith manner. If the Parties cannot resolve their dispute after conferring, any party may require the other party to submit the matter to non--binding mediation, utilizing the services of an impartial professional mediator approved by both Parties. If the Parties cannot reach an agreement following mediation, the Parties agree to submit the matter to binding arbitration in Orange County , California . The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses, and reasonable attorney's fees and shall include a written record of the proceedings and a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in contract law. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. In the event of any such dispute or difference, either party may give to the other notice requiring that the matter be settled by arbitration. An award of arbitration shall be final and binding on the Parties and may be confirmed in a court of competent jurisdiction.
11. USE OF PROFESSIONALS DIRECTORIES
11.1 Radiant and its Licensees do not conduct a background check of the professionals who post a profile on its Websites to verify the accuracy of the Professional's license and educational background. Accordingly, you are hereby urged to conduct your own check on a professional's licensing and educational background before retaining their services. Furthermore, you are hereby advised that Radiant and its Licensees do not endorse, determine or warrant the competence of any therapist, coach, or other professional listed on the Websites. Use of our directories to locate a therapist, coach, or other professional, or your decision to contract with a therapist, or coach, or other professional is wholly voluntary on your part, and will not result in any liability against Radiant . In no event shall Radiant or its Licensees be liable for damages to any user of its directories, or for the voluntary selection of a therapist, coach, or other professional, or for the services provided by any therapist, coach, or other professional listed herein, or for any other damages which may occur. Radiant and its licenses cannot and provide any warranties related to the information contained in its directories or resulting services from a therapist, coach, or other professional listed in the Websites.
12. GRANTING ACCESS TO JOURNAL, PHOTOS
12.1 If you elect to post a personal journal or photos to the Websites, you are advised to use extreme discretion in whom you grant access to view these postings. Radiant and its Licensees shall not be responsible nor liable for any information which becomes public, or is made available to unintended persons relative to these postings as a result of your decision to grant access to these postings to other site members or practitioners.
13. CONFIDENTIALITY
13.1 Radiant shall keep all information it obtains about you, if any, in strictest confidence, and will not share, divulge, or disclose this information to anyone, except to the appropriate authorities or agencies:
13.1.1 If the information contains a clear indication that you are contemplating harm to yourself;
13.1.2 If the information contains a clear indication that you are contemplating harm to someone else;
13.1.3 If the information contains a clear indication that you are engaging in child abuse;
13.1.4 If the information contains a clear indication that you are engaging in illegal activities; or
13.1.5 By court order.
14. OPT-IN EMAIL
14.1 You hereby consent to and authorize Radiant to email to the email address you have provided, copies of its newsletter and such other promotional material as Radiant deems appropriate. The newsletter and all other such promotional materials will contain a "Remove Me" link to enable you to opt-out from further mailings at any time.
15. RETENTION OF ACCOUNT INFORMATION/DISPOSITION OF PROFILE
15.1 Radiant will retain your entire account information and member profile in its database in perpetuity at the discretion of Radiant, including, but not limited to, your username and password, name, billing address, journal and emails.
15.2 Unless you elect to have your profile removed from the Websites upon expiration or cancellation of your membership, your profile will continue to be displayed, as though active following expiration or cancellation of your membership at the discretion of Radiant. Accordingly, you will continue to receive notifications of emails from other members. If you do not wish to have your profile displayed after expiration or cancellation, you must specify this through the "profile preference" option contained in either the "Cancel Membership" sections located on your My Account page prior to expiration.
16. CORRESPONDENCE
16.1 Official correspondence must be sent via post mail to:
Radiant Interactve Group, Inc
30262 Crown Valley Parkway
Suite B-330
Laguna Niguel, CA 92677
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