Terms of Service
We (the folks at Radical Optimism) run an online helper website called Radical Optimism and would love for you to use it. Radical Optimism's basic service is free, and we offer paid upgrades for advanced features.
(Note, this page is based on Wordpress.com's Creative Commons Sharealike terms of service)
Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Radical Optimism, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Radical Optimism account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Radical Optimism.
- Your Radical Optimism Account and Website. If you create an account on Radical Optimism, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Radical Optimism of any unauthorized uses of your account, or any other breaches of security. Radical Optimism will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material ("Content") to Radical Optimism.com and mark it as public, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. If you delete Content, Radical Optimism will use reasonable efforts to remove it from Radical Optimism.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Radical Optimism has the right (though not the obligation) to, in Radical Optimism's sole discretion, terminate or deny access to and use of Radical Optimism.com to any individual or entity for any reason. Radical Optimism will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
- General Terms: Optional paid services are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Radical Optimism the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal: Unless you notify Radical Optimism before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website's dashboard.
Responsibility of Visitors. Radical Optimism has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Radical Optimism does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Radical Optimism disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Copyright Infringement and DMCA Policy. If you believe that material located on or linked to by Radical Optimism.com violates your copyright, you are encouraged to notify Radical Optimism. Radical Optimism will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Radical Optimism will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Radical Optimism or others. In the case of such termination, Radical Optimism will have no obligation to provide a refund of any amounts previously paid to Radical Optimism.
Intellectual Property. This Agreement does not transfer from Radical Optimism to you any Radical Optimism or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Radical Optimism. Radical Optimism, Radical Optimism.com, the Radical Optimism.com logo, and all other trademarks, service marks, graphics and logos used in connection with Radical Optimism.com or our Services, are trademarks or registered trademarks of Radical Optimism or Radical Optimism's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Radical Optimism or third-party trademarks.
Changes. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. Radical Optimism may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If possible, we will notify you and offer your data for offline download. If you wish to terminate this Agreement or your Radical Optimism.com account (if you have one), you may simply discontinue using our Services or delete your account under settings. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Our Services are provided "as is." Radical Optimism and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Radical Optimism nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability. In no event will Radical Optimism, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Radical Optimism under this agreement during the twelve (12) month period prior to the cause of action. Radical Optimism shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
US Economic Sanctions. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Radical Optimism reserve the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification. You agree to indemnify and hold harmless Radical Optimism, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between Radical Optimism and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Radical Optimism, or by the posting by Radical Optimism of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Diego County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Diego, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Radical Optimism may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.