Terms Of Service

Last updated: February 18, 2025

Agreement to terms

By accessing the Radiant website https://www.heyradiant.com/ or any related media channels, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms of Service form a legally binding agreement between you (the “User”) and Radiant (“we,” “us,” “our”). If you do not agree to all of these Terms of Service, you are not authorized to use the Site.

Any additional terms or conditions that may be posted on the Site from time to time are hereby incorporated by reference into these Terms of Service. We reserve the right to modify these Terms of Service at any time and without prior notice. Any changes will be reflected in the “Last updated” date of these Terms of Service. It is your responsibility to review these Terms of Service periodically to stay informed of any changes. Your continued use of the Site after the “Last updated” date will be deemed to be your acceptance of any modifications to these Terms of Service.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Exclusion of Certain Users

The Site is intended for users who are legally capable and reside in jurisdictions where the Site is not prohibited by law. If you are using the Site from a jurisdiction where the Site is prohibited, you do so at your own risk and are solely responsible for compliance with local laws.

Intellectual property rights

The Site, including all content, trademarks, service marks, and logos (collectively, “Content and Marks”), are owned or licensed by us. You may only use the Content and Marks for your personal, non-commercial use. You may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any Content or Marks for any commercial purpose whatsoever without our express written permission.

User representations

By using the Site, you represent and warrant that:

  1. You have the legal capacity to enter into this agreement and agree to its terms.
  2. You are not a minor in the jurisdiction in which you reside.
  3. You will not access the Site through any automated or non-human means, such as bots or scripts.
  4. You will not use the Site for any illegal or unauthorized purpose.
  5. Your use of the Site will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Prohibited activities

You must only use the Site for its intended purpose. Commercial activities are not permitted unless expressly authorized by us.

As a user of the Site, you agree not to:

User Generated Content

The Site does not explicitly invite users to submit or post content. However, you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast user-generated content to the Site, including but not limited to text, writings, video, audio, images, graphics, comments, suggestions, or personally identifiable information or other materials (collectively, “User Contributions”). User Contributions may be viewable by other Site users and through third-party websites. As such, any User Contributions you transmit may be subject to the Site’s Privacy Policy.

When creating or submitting User Contributions, you agree that:

  • Creating, distributing, transmitting, publicly displaying, or performing your User Contributions does not and will not infringe any third-party proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
  • You are the creator and owner of your User Contributions, or you have obtained the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other Site users to use your User Contributions in any manner permitted by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Contributions in any manner permitted by the Site and these Terms of Use.
  • Your User Contributions are truthful, accurate, and not misleading.
  • Your User Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your User Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your User Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your User Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your User Contributions comply with all applicable laws, regulations, and rules.
  • Your User Contributions do not violate any third-party privacy or publicity rights.
  • Your User Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your User Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • Your User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your User Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site that violates these prohibited activities may result in termination or suspension of your right to use the Site.

Contribution license

You and the Site agree that we may access, store, process, and utilize any information and personal data you provide in accordance with the Privacy Policy and your preferences (including settings).

By submitting suggestions or other feedback regarding the Site, you consent to our utilization and sharing of such feedback for any purpose without providing compensation to you.
We do not claim ownership of your Contributions. You maintain complete ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any assertions or representations made in your Contributions provided by you in any area of the Site. You are solely responsible for your Submissions to the Site and you expressly agree to release us from any and all liability and refrain from taking any legal action against us in connection with your Contributions.

Site management

We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to safeguard our rights and property and to facilitate the proper functioning of the Site.

Term and termination

These Terms of Use shall remain in full force and effect while you utilize the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and interruptions

We reserve the right to modify, update, or remove any content on the Site at any time without prior notice. We are not obligated to update any information on the Site, and we may modify or discontinue all or part of the Site without notice. We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the Site.

We cannot guarantee the Site’s continuous availability. We may experience technical difficulties or require maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time without prior notice. You agree that we are not responsible for any losses, damages, or inconveniences caused by your inability to access or use the Site during downtime or discontinuance. Nothing in these Terms of Use implies an obligation on our part to maintain or support the Site or provide updates, corrections, or releases.

Governing Law and Dispute Resolution

These Terms of Use are governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States. You irrevocably agree that the courts of the State of New York shall have exclusive jurisdiction to resolve any disputes arising from or related to these Terms of Use.

Dispute resolution

In the event of a dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, the parties shall refer the dispute to and finally resolve it by arbitration under the Rules of the International Commercial Arbitration Court of the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146). The seat, or legal place, of the arbitration shall be New York.

Restrictions

Both parties agree that any arbitration shall be limited to the specific dispute between the parties individually. To the fullest extent permitted by law:

  1. No arbitration shall be joined with any other proceeding.
  2. No party has the right to have any dispute arbitrated on a class-action basis or to utilize class-action procedures.
  3. No party has the right to bring any dispute on behalf of the general public or any other persons.

Exceptions to Arbitration

The following disputes are not subject to the above provisions concerning binding arbitration:

  1. Any dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of either party.
  2. Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
  3. Any claim for injunctive relief.

If any provision of this arbitration section is found to be illegal or unenforceable, the remaining provisions shall remain in full force and effect, and such illegal or unenforceable provision shall be struck from these Terms of Use.

Correction

The information on the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

The Site is provided “as is” and “as available.” You use the Site and our services at your own risk. We disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site. We will not be liable for any damages arising from or relating to your use of the Site, including (but not limited to) errors, omissions, inaccuracies, or any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Site.

Limitations of liability

We, our directors, employees, or agents will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Certain state 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 or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

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