Terms & Conditions
Home » Terms & Conditions
Terms & Conditions
Effective date: 08/31/2023
Radiant Forge Solutions, LLC
TERMS OF USE
Radiant Forge Solutions, LLC, (“we,” “us,” “ours”) is the provider of this website
thedonnascott.com (“Website”), and the content (collectively, “Services”). The Services
made available to you are sold to you for use only under the terms of these Terms of
Use (“Terms”). Radiant Forge Solutions, LLC reserves all rights not expressly granted
to you herein.
Ownership: Radiant Forge Solutions, LLC is the owner of the Services and all
associated intellectual property rights. This includes but is not limited to any and all
instructions or statements in machine-readable format, including source code; related
databases in machine-readable format; related materials, including documentation,
whether in machine-readable or printed form; and any derivatives and copies of the
foregoing. This also pertains to content and trademark Secrets To Shining TM, and The
Dice Method TM.
Your Use: By accessing the Services, you agree to be bound by these Terms. Should
you refuse to agree to any of the terms herein, we do not authorize you to make use of
the Services. To the extent which your use of the Services includes obtaining a
subscription, please consult our Subscription Agreement for additional information
regarding the same.
No Guarantee of Results: I understand and agree that this website or any associated
Programs from TheDonnaScott.com and/or any communications, documents, or other
materials I receive as part of this website or any associated Programs do not constitute
any representation, guarantee, warranty, or prediction of any certain financial,
commercial, artistic, monetary, or other results by me. I am completely and
independently responsible for my own business and/or ventures, including but not
limited to their financial success or failure. Radiant Forge Solutions, LLC is in no way
responsible for the oversight, administration, maintenance, or operation of my business
and/or ventures, and neither Radiant Forge Solutions, LLC, nor Donna Scott,
employees, contractors or volunteers shall bear any responsibility whatsoever for any
decisions, strategies, actions, or inactions by me or my business and/or venture.
Restrictions on Use:
You will not copy or duplicate, or permit anyone else to copy or duplicate, any of the
Services, whether such Services is in written, graphic, magnetic, executable, or any
other form.
You will not create or attempt to create, or permit or facilitate others to create or attempt
to create, any content based on or similar to that we provide through the Services by
disassembling, reverse engineering, or otherwise, the source programs, the logic
design, or any part thereof from the object program or from other information (whether oral
written, tangible, or intangible) made available to you under these terms.
You agree to notify Radiant Forge Solutions, LLC in a timely manner if you obtain
information as to any unauthorized possession, use, or disclosure of the Services by
any person or entity, and further agree to cooperate with us at our expense in protecting
our proprietary rights.
You represent, warrant, and covenant that you will not upload, post, transmit, distribute,
or otherwise publish through the Services any materials which restrict or inhibit any
other user from using and enjoying the Website; are unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or
encourage conduct that would constitute a criminal offense, give rise to civil liability, or
otherwise violate the law; violate, plagiarize, or infringe the rights of any third party
including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or
any other right of any third party; contain a virus or other harmful or potentially harmful
component; contain any information advertising of any kind; and/or constitute or contain
false or misleading indications of origin or statements of fact.
Maintenance and Updates: Radiant Forge Solutions, LLC may provide normal and
reasonable maintenance and updates of the Services at its sole discretion. If we have
reason to believe that such updates may interfere with your use of the Services, we will
make best efforts to notify you in advance.
Authorization: To the extent which you submit to us comments, reviews, images, or
other user generated content through the Services, you grant us a non-exclusive,
worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and
transferable right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, transmit, display, and perform such content and any of
your personal information associated with such content in whole or in part, in any
media, format or technology, whether now known or hereafter discovered, and in any
manner including, but not limited to, all promotional, advertising, marketing, publicity,
and commercial uses and ancillary uses thereof, without any further notice or payment
to or permission needed from you (except where prohibited by law). You also agree to
waive any applicable moral rights to such content and information.
Contests: Any contests, sweepstakes or other promotions made available through the
Service may be governed by rules that are separate from these Terms. If you
participate in any of our promotions, please review the applicable rules as well as our
Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules
will apply.
Third Party Services: The Services may enable or require access to third party services,
including internet services, and websites. Your use of such third-party services may require
you to agree to the terms of use of those third parties. You acknowledge that your use of
third-party services is at your own sole risk, and Radiant Forge Solutions,
LLC shall not have any liability to you for your use of such services.
Copyright: We respect the intellectual property rights of others. It is our policy to
respond to any claim that content shared through the Service infringes on the copyright
or other intellectual property rights of any person or entity. If you are a copyright owner,
or authorized on behalf of one, and you believe that a copyrighted work has been
copied in a way that constitutes copyright infringement, please submit your claim via
email to info@thedonnascott.com, with the subject line: "Copyright Infringement" and
include in your claim a detailed description of the alleged infringement. Specifically, you
should submit the following information in writing: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright's interest; a
description of the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a copy of
the copyrighted work; identification of the URL or other specific location on the Service
where the material that you claim is infringing is located; your address, telephone
number, and email address; a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
NO WARRANTY: The Services we provide are for education, coaching and
informational purposes only and should not be understood or construed to be
professional advice of any kind. Our Services are not a substitute for advice from
professionals who are knowledgeable regarding your specific circumstances, and we
encourage you to seek advice from competent professionals. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE
RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY SERVICES
PERFORMED OR PROVIDED BY THE SERVICES (“SERVICES”) ARE PROVIDED
“AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND RADIANT FORGE SOLUTIONS, LLC HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED
APPLICATION AND ANY SERVICES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. RADIANT FORGE SOLUTIONS, LLC
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED
OR PROVIDED BY, The SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE SERVICES OR ASSOCIATED SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RADIANT FORGE SOLUTIONS,
LLC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL RADIANT FORGE SOLUTIONS, LLC BE LIABLE FOR PERSONAL INJURY
OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS
OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
TOMMEY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall
Radiant Forge Solutions, LLC total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the amount paid
by you to obtain the license granted herein. The foregoing limitations will apply even if
the above stated remedy fails of its essential purpose.
Notice of Rights: CERTAIN COUNTRIES, STATES, AND/OR PROVINCES PROHIBIT
THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES, OR
GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD
WITH NO WARRANTIES OR GUARANTEES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE SECTIONS ABOVE ENTITLED “NO WARRANTY” AND
“LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS
AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO
YOU AND, IN SUCH INSTANCES, RADIANT FORGE SOLUTIONS’S LIABILITY WILL
BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE
ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE
LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
DEPENDING ON WHERE YOU LIVE.
THESE TERMS ARE NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY
STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED;
OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE
AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON
HAS BREACHED ANY SALES CONTRACT WITH YOU. YOU AGREE TO USE THE
SERVICES IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL
LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU
DOWNLOAD OR USE THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY
CONDITION, WARRANTY, GUARANTEE, RIGHT, OR REMEDY IMPLIED OR
IMPOSED BY ANY APPLICABLE LAWS WHICH CANNOT LAWFULLY BE
EXCLUDED, RESTRICTED, OR MODIFIED. If any condition, warranty, or guarantee is
implied into these Terms or imposed on Radiant Forge Solutions under applicable laws
and cannot be excluded, but we have a choice of a remedy, then our liability for breach
of the condition, warranty, or guarantee is limited to one or more of the following, at our
sole option: (a) in the case of goods, the replacement of the goods or the supply of
equivalent goods, the repair of the goods, or refunding the payment for the goods if it
would be unreasonable to expect the products to be repaired; or (b) in the case of
services, the supplying of the services again or the payment of the cost of having the
services supplied again.
Export: You shall comply with all applicable laws and regulations in connection with your
use of the Services. This includes that you acknowledge and agree that the Services
incorporates products and/or technical data that may be subject to legal and regulatory
controls, including restrictions on export and re-export. You warrant and represent that
you have not obtained the Services due to an export, re-export, or import in violation of
United States or other applicable laws or regulations in the United States and other
countries, that you are not identified on any denied persons or other list published by
the country in which you are located, that you have not caused the Services to be
located or made available Group E country as defined by the United States, and that
you have not used and will not use the Services in connection with the development,
manufacture, or use of nuclear fuel or weapons, missiles, or chemical or biological
weapons. You will not export, re-export, or import, directly or indirectly, the Services
prior to securing any and all necessary approvals from your governmental authority as
may be required.
Privacy: Radiant Forge Solutions, LLC is committed to protecting your privacy. Our
privacy practices are described in the Radiant Forge Solutions, LLC Privacy Policy. By
using the Services or providing us with your personal information, you are accepting
and consenting to the practices, terms, and conditions described in the Radiant Forge
Solutions Privacy Policy, which is incorporated by reference into these Terms and can
be viewed above on this same page. You also acknowledge that you alone control
whether and to what extent any personally identifiable data is incorporated into the
Services. Accordingly, should removal of such information be desired, that shall remain
your sole responsibility and obligation.
Miscellaneous:
Waiver. No waiver of any breach of these Terms will form a waiver of any subsequent
breach of the same or any other provision.
Severability. If any provision of these Terms is declared or found illegal, unenforceable,
or void, then all parties will be relieved of all obligations arising under such provision to
the extent that such provision is illegal, unenforceable, or void, it being the intent and
Terms of the parties that these Terms will be deemed amended by modifying the
provision to the minimum extent necessary to make it legal and enforceable while
preserving its intent or, if that is not possible, by substituting therefor another provision
that is legal and enforceable and achieves the same objective. If the remainder of these
Terms will not be affected by the declaration or finding and can be substantially
performed, then each provision not so affected will be enforced to the extent permitted
by law.
Amendment. These Terms may be amended by Radiant Forge Solutions, LLC at any
time for any reason. Notice of the same will be provided through posting the revised
Terms to the Website.
Interpretation. Headings used in these Terms are for convenience only and will not be
deemed to be operative text. Terms of gender will be deemed interchangeable, as will
singular and plural terms, in each case unless the context otherwise requires.
Applicable Law. These Terms will be governed by the internal law of the State of Florida
without regard to conflict of law.
Arbitration. Any dispute arising out of or relating to these Terms, or a breach thereof,
shall be solely and exclusively determined by arbitration administered by the American
Arbitration Association in accordance with its International Arbitration Rules. Any such
arbitration shall take place in Florida, and the language of the arbitration shall be
English. The arbitration shall be conducted by a single arbitrator and the decision of the
arbitrator shall be final, conclusive and binding on the parties. Judgment may be
entered on the arbitrator’s decision in any court having jurisdiction. Radiant Forge
Solutions, LLC you shall each pay one-half of the costs and expenses of any arbitration,
and the substantially non-prevailing party, as determined by outcome of the arbitration,
shall be liable for both parties’ attorneys’ fees and costs. You acknowledge that, without
this provision, you would have had a right to litigate a dispute through a court before a
jury or judge and that you have expressly and knowingly waived those rights, instead
agreeing to resolve disputes exclusively through binding arbitration.
Indemnification. To the extent which you breach these Terms in such a way as to cause
harm to a third-party (e.g., copyright infringement), you shall indemnify, hold harmless,
and defend Radiant Forge Solutions, LLC from any costs, expenses (including
reasonable attorney fees), losses, damages, or liability incurred due to such harm.
Further Assurances. The parties will perform all such further acts, provide such further
documents or written assurances, and execute such further documents as they
reasonably require or deem necessary to carry out the acts and transactions
contemplated by these Terms.
Copyright 2023
By continuing to use this website, you agree to our privacy policy, terms and conditions
as stated.