Terms and Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Find Radiance, Inc. ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.findradiance.com website as well as any other educational services, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
https://www.findradiance.com is an Educational Site.
The website provides information on Radiance's educational programs based on Ayurveda and Ayurvedic Medicine. Use of the information provided on or through this website or any of the Company's educational programs or memberships is used at the sole discretion of the User. Any questions or concerns about personal health should be addressed by the User's appropriate healthcare professional, including but not limited to a Medical Doctor. None of the information provided on this website, its educational programs or memberships is meant to replace the instructions of a Medical Doctor.
Product/Service Fulfillment
All one-on-one services are credited in Acuity Scheduling (henceforth referred to as the "scheduling system"), and the client receives a booking link to schedule sessions through this system.
Group programs are delivered through content management software. Users are invited to the relevant platform one week prior to the start date of the given program.
Program Cancellation/Refund Policy
Any customer who made their first payment to the Company prior to July 10, 2024, for a Two Week Trial is eligible for the Company's Three Month Guarantee. The Three Month Guarantee provides that, after working together for three months following the Two Week Trial, if the customer is not satisfied with their results, they may request a full refund, minus a credit card transaction fee of approximately 3%. This refund is contingent upon the customer no longer wishing to continue working together.
All customers whose initial payment to the Company occurred after July 10, 2024 for personal education programs are non-refundable. One-time payments for personal education programs are collected at the start of the program. Payments for personal education memberships are subscription-based and can be cancelled by the member at any time via the scheduling and payment system.
Session Cancellation Policy
Sessions may be cancelled up to 24 hours prior to the scheduled session start time through the scheduling system. Requests to cancel a session within 24 hours of the scheduled start time must be submitted via email. Such requests may be accommodated at our discretion, subject to schedule availability, but no guarantee is provided. If the request cannot be accommodated, the session will be forfeited. Any no-shows will result in the forfeiture of the session.
Privacy
Your use of https://www.findradiance.com is subject to Radiance's Privacy Policy. Radiance makes every reasonable effort to protect your privacy and maintain confidentiality. Any personal information shared with Radiance is used to provide education and services purchased. Your information is never sold to a third party.
SMS Messaging Terms and Consent
Data Collection for SMS Messaging
We collect the following data for the purpose of sending SMS messages:
Phone Number: Provided by you when opting into SMS communications or during the course of interacting with our services.
Consent for SMS Communication: Explicit consent is obtained from you when you opt-in to receive SMS messages through our website, application, or any other means. This consent is necessary for us to send you SMS messages related to our services.
Use of Phone and Consent Data
Your phone number and SMS consent data will only be used for:
Sharing of SMS Data
We do not sell your phone number or SMS consent data to third parties.
Your phone number and SMS consent data may be shared with our third-party service providers solely for the purpose of sending SMS messages on our behalf. These third-party providers are bound by contractual obligations to use your information only for the purposes we have specified and to maintain its confidentiality.
Personal Health Information Standards
Radiance adheres to the standards set forth by the Health Insurance Portability and Accountability Act (HIPAA) for all personal health information (PHI) collected as part of its personal education programs. This includes PHI collected via screening forms, the medical history upload process, during sessions, or at any other point not explicitly excluded below. Radiance has executed a Business Associate Agreement (BAA) with Google LLC to ensure adherence to HIPAA regulations in its use of Google Workspace.
Email Communication Exception
While Radiance makes every effort to avoid transmitting PHI via email, please note that email is not a HIPAA-protected platform. Any PHI sent by the client to Radiance via email will not be transmitted in adherence to HIPAA due to the inherent limitations of email communication. Radiance will continue to comply with its data privacy, deletion, and access policies regarding this PHI, but clients should be aware of the security limitations when sending PHI through email.
Deletion Policy
All medical records uploaded by a User remain under the User's control. Users may delete their records at any time, and Radiance does not retain copies of any records uploaded by Users. Additionally, Users may request the deletion of any supplementary medical information submitted, such as information provided in screening forms, and Radiance will ensure that all copies of such information are deleted.
Access Policy
Access to PHI is restricted to individuals who require such information for educational or administrative purposes. This access is not limited to educational professionals but also includes administrative personnel who support the educational process, including but not limited to data administration and management.
Products
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Electronic Communications
Visiting https://www.findradiance.com or sending emails to Radiance constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Radiance is not responsible for third party access to your account that results from theft or misappropriation of your account. Radiance and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Radiance does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.findradiance.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.findradiance.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Radiance and Radiance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Radiance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Radiance of the site or any association with its operators.
Certain services made available via https://www.findradiance.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.findradiance.comdomain, you hereby acknowledge and consent that Radiance may share such information and data with any third party with whom Radiance has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.findradiance.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.findradiance.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Radiance that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Radiance or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Radiance content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Radiance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Radiance or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Radiance from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Radiance Content accessed through https://www.findradiance.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Radiance, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Radiance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Radiance in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Radiance agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Radiance AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Radiance AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Radiance AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Radiance AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Radiance OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Radiance reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Radiance as a result of this agreement or use of the Site. Radiance's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Radiance's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Radiance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Radiance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Radiance with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Radiance reserves the right, in its sole discretion, to change the Terms under which https://www.findradiance.com is offered. The most current version of the Terms will supersede all previous versions. Radiance encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Radiance welcomes your questions or comments regarding the Terms:
Find Radiance, Inc.
291 Little Falls Dr
Wilmington, DE 19808
Email Address:
help@findradiance.com
Effective as of September 21, 2024
