Terms

Last updated: July 26, 2020

This Terms of Use Agreement sets forth the standards of use of the website at RADFUNDS (the “Site”) operated by W. Thomas Palmer dba/RADFUNDS (“RADFUNDS” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service
    The Site provides Members with access to donate to progressive nonprofit organizations, collectively and individually. This site also serves as an information source to learn about progressive nonprofits.
  1. Disclaimer of Warranties
    The Site is provided by RADFUNDS on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, RADFUNDS makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. RADFUNDS shall have no liability for any interruptions in the use of the Site. RADFUNDS disclaims all warranties with regard to the information provided, including non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
  1. Limitation of Liability
    RADFUNDS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RADFUNDS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, INTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RADFUNDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. When donating on this site, all transactions are between the donating party and the nonprofit. RADFUNDS’ role is as intermediary, for which the donor may opt to leave a tip.
  2. Indemnification
    Member agrees to indemnify and hold RADFUNDS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
  3. Modifications and Interruption to Site
    RADFUNDS reserves the right to modify or discontinue the Site with or without notice to the Member. RADFUNDS shall not be liable to Member or any third party should RADFUNDS exercise its right to modify or discontinue the Site. Member acknowledges and accepts that RADFUNDS does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of RADFUNDS’ control.
  4. Disclaimer Regarding Accuracy of Vendor Information
    While RADFUNDS makes reasonable effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.
  5. Governing Jurisdiction of the Courts of California
    The site is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of California.
  6. Compliance with Laws
    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
  7. Copyright and Trademark Information
    By submitting to RADFUNDS any images display on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to RADFUNDS the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images donations on the Site. To the extent that you do not own all rights in and to the Images or that RADFUNDS’ use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold RADFUNDS harmless from any claims or demands, including attorneys’ fees and costs, incurred by RADFUNDS with respect thereto. RADFUNDS logo may not be used without prior written permission.
  8. Commercial CoVenture
    Any non-profit tie-in is operated under the category of Commercial CoVenture with partner causes. Under laws governed by the state of California, RADFUNDS is considered the donor party.
  9. Botnets
    RADFUNDS retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, RADFUNDS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at RADFUNDS’ discretion.
  10. Other Terms
    If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by RADFUNDS in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the RADFUNDS Privacy Statement.