Unless the context indicates otherwise, as used in these Terms, (i) "Radiance Energies," "us," "we," and "our" refer to Radiance Energies, LLC, a Georgia limited liability company, and its subsidiaries, affiliates, successors and assigns, and (ii) "content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Site, including user interfaces and the selection, coordination and arrangement of such information.
The content provided on this Site is copyrighted by Radiance Energies or our third party licensors and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under United States and international copyright laws.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Radiance Energies or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.
Nothing stated or implied on this Site confers on you any license or right under any copyright, trademark or service mark of Radiance Energies or any third party. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.
Permitted and Prohibited Uses
You may view and make one electronic or paper copy of the information posted on any screens of this Site, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the content or use it in a manner that suggests an association with any of our products, services or brands (iii) do not download content to a database in order to divert traffic on this Site, and (iv) do not disrupt or interfere with the operation of the Site.
You may not reproduce, copy, upload, post, transmit, display, or otherwise distribute any materials or design elements of the Site for commercial purposes without our prior written consent.
Forums and Public Communication
This Site may enable users to submit their own content to a chat area, message board, e-mail function or web log ("forum"). Any forum on the Site is a free service to enable you to share comments about products and services available on our site. If you participate in a forum within the Site, any information you disclose in such a submission may be publicly available, so you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a forum, you acknowledge and agree that the materials are not confidential or trade secret, and you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, display and distribute such materials or incorporate such materials into any forum now know or later developed. Radiance Energies cannot prevent other persons who access this Site from using submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy and safety.
When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information posted by third parties and shall not be responsible for any decisions made based on such information.
While we appreciate your time and comments, we require that you refrain from including the following in your posts: (i) profanity, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; and (vi) any software or other materials that contain a virus or other harmful component. We are not responsible for moderating any forum or screening any content; however, we reserve the right to edit or remove content from any forum at any time and for any reason.
A post to a forum is not an effective way to tell us you need help with an order or site feature. If you'd like to tell us about a specific problem with our products or services, please e-mail us or call us. Radiance Energies disclaims liability for any failure on its part to provide help with a specific problem disclosed on this Site.
Disclaimer of Warranties
In preparing this Site, we have tried to ensure that the information posted is accurate, complete and current as of the dates indicated on the screens and that your use of the Site will be uninterrupted and error-free. However, we make no guarantees or warranties of any kind, express or implied, regarding the content or operation of the Site. You access and use this Site at your own risk. The content (including all information available on or through the Site) is provided "AS IS" and we are not responsible for its use or misuse. Access to this Site from locations where the content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.
Links from this Site
We may provide hyperlinks from this Site to selected third party Sites as a convenience to you. However, by providing such links, we are not endorsing such third parties or their web sites. We are not responsible for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a web site that is hyperlinked to this Site, you do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you.
Links to this Site
If you wish to provide a hyperlink from your web site to this Site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked "Radiance Energies Web Site"; (ii) the link must "point" to the URL www.radianceenergies.com and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your web site to ours, you are agreeing to be bound by these terms.
Questions and Comments
We welcome questions, comments and other feedback about this Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you.
Changes to this Site or these Terms
We may change or discontinue this Site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.
Limitation of Liability
We specifically disclaim all liability (whether based in contract, tort, negligence, strict liability, by statute or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or relating to your access to and/or use of this Site (including those arising from your reliance on the content or on any description of products or services obtained through the use of this Site, lost data, computer viruses or other destructive devices, and delays, breakdowns or interruptions in the use of the Site for any reason whatsoever).
Notification of Copyright Infringement Under the Digital Millennium Copyright Act
We abide by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to content residing on the Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
To file a notice of infringing material on the Site, please provide a notification containing the following: (1) reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); (2) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); (3) your contact information so that we can contact you (for example, your address, telephone number, email address); (4) a statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law; (5) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and (6) your physical or electronic signature.
Then send this notice to:
Radiance Energies, LLC
Attn: ___________, DMCA Agent
For additional information regarding this procedure, please reference 17 USC 512.
These Terms will be governed by and construed in accordance with the laws of the State of Georgia and the United States of America, without reference to any choice of law rules under Georgia law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of this Site will be filed only in the state or federal courts located in Atlanta, Georgia, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
These Terms constitute our entire agreement with you regarding your use of this Site.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, other than a controversy or claim relating to the validity of intellectual property rights, shall be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Atlanta, Georgia. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this Agreement and without any abridgment of the powers of the arbitrator(s).
If you have any questions about these Terms or this Site, please email us.