Terms of Use

Please read this agreement carefully before using this site.

By accessing, browsing or using RadicalFemaleAcademy.com, or related websites including Radical Female and Rad Academy Course, (referred to collectively as the “Website” or “Websites”), or any page thereof, through direct or indirect means, or alternative methods (including telephone or email) in any manner, you accept and agree to be bound by these Terms of Use (“Agreement”).

Avalon Evolution, Inc., dba Radical Female Academy (“Owner”) reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

If at any time you choose not to accept these Terms of Use, do not use this Website.

Links to Other Sites

This Website may contain links to other sites. If so, and if you choose to use the products/services provided by those third-party websites, they are governed by the terms and conditions of those websites, not of this Website. By way of example but not by way of limitation, you may be asked by those sites to provide personally identifiable information. Owner is not responsible for the privacy practices, terms and conditions, contents, links, products, or services of those sites or their owners. Please be aware when you leave our site, you should check the appropriate third party terms of use when visiting any other websites and not rely on this Agreement. This Agreement applies solely to this Website.

Owner is not responsible for the content of any linked external or third party websites and does not make any representations regarding the content or accuracy of materials on such external websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked external websites, you do so at your own risk.

Intellectual Property

All material available on this Website is the property of Owner and is protected by international copyright and trademark laws. All rights are reserved to Owner. You may not modify, copy, frame, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this site without the express written permission from Owner. You are permitted to use material from this Website for your own personal, private, non-commercial use only, provided you keep, intact, all copyright and other proprietary notices. In the event you download any content from this Website, such content is licensed to you, on a limited basis by Owner; Owner does not transfer title to the content to you. Moreover, copying or otherwise using the material on this Website (including making derivative works of that material), even if you cite the website, is infringement. Plagiarism and infringement are different – please ask for permission.

Radical Female Academy, Radical Female, Rad Academy Course and the Avalon Method are trademarks of Owner. Other featured words or symbol, used to identify the source of goods and services may be the trademarks of their respective owners.

If you believe that Owner’s intellectual property is being infringed, pursuant to Title 17, United States Code, Section 512(c)(2), please notify Owner in writing at:

copyright@radicalfemale.com

Your help is appreciated in this matter.

Restrictions on Use

You agree that you will not – and will not assist or enable others to – use the Website:

to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the Website;

in violation of the Terms of Use, Privacy Policy, Terms and Conditions of Purchase, or any applicable law;

to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or its content except as expressly authorized by Owner;

to mine, record or gather information about other users or disclose any sensitive information about another person, including addresses, phone numbers, credit card information, or other similar information;

to take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

to infringe any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;

to access or use the Website to collect any market research for a competing business, or to spam or use the Website to engage in any commercial activities;

to interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

to use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials.

Termination

Owner may terminate or suspend your account or ability to use the Website, in whole or in part, at its sole discretion, for any or no reason, and without notice or liability of any kind.

Disclaimers and Liability

THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. OWNER MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF INFORMATION LISTED ON THE WEBSITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH AND/OR SOLD ON THE WEBSITE. OWNER FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO CASE SHALL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS (ALL REFERRED TO IN THIS SECTION AS “OWNER”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR OF ANY OF THE SERVICES OR PRODUCTS SOLD THEREON, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OWNER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS CONTRACT DOES NOT EXEMPT OWNER FROM LIABILITY FOR FRAUD, WILLFUL INJURY TO A PERSON OR PROPERTY, OR VIOLATION OF LAW, WHETHER WILLFUL OR NEGLIGENT, IN ACCORDANCE WITH Cal. Civ. Code § 166.

In recognition of the relative risks and benefits between the parties, the risks have been allocated such that you agree, to the fullest extent permitted by law, to limit the liability of Owner to you for any and all claims, losses, costs, damages of any nature whatsoever or claims and/or expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of Owner to you in any instance shall not exceed Owner’s total fee for services provided to you. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Indemnity

You agree to indemnify Owner and its agents and representatives from and against any and all liabilities, expenses (including attorneys' fees) and damages from any claim or demand made by any third-party due to or arising out of (i) your access or use of the Website or of the products and services sold thereon, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity.

Use of Website

You must be at least thirteen (13) years of age to use this Website. If you are under 13 years of age, please do not use this Website. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Communications and Opting Out

By creating an account on the Website, you agree to subscribe to newsletters, marketing or promotional materials and other information Owner may send. However, you may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any email.

Owner does not monitor, recognize, or honor any behavioral advertising opt-out and does not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. In certain instances (e.g., you are located outside of the United States), the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete.

The Website may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant Owner the right to provide the information to these third parties subject to the Privacy Policy.

Owner reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

Owner reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

Owner is constantly updating product and service offerings on the Website. It may experience delays in updating information and in its advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and Owner cannot guarantee the accuracy or completeness of any information found on the Website.

Owner therefore reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

The Website allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, questions, or other material (“Content”). You are responsible for the Content that you post on or through the Website, including its legality, reliability, and appropriateness.

By posting Content on or through the Website, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant Owner the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Owner reserves the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. Owner takes no responsibility, and assumes no liability for Content you or any third party posts on or through the Website. However, by posting Content using the Website, you grant Owner the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. Owner has the right but not the obligation to monitor and edit all Content provided by users.

Accounts

When you create an account on the Website, you guarantee that you are above the age of 13, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

During the registration process you will be asked to create an account, which includes a sign-in name and password. When creating your account, you must provide true, accurate, current, and complete information. Each sign-in name, and corresponding password can be used by only one registered guest, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined above)) is a material breach of this Agreement.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with this Website or a third-party service. You must notify Owner immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Arbitration

Except for non-payment, late payment, or infringement of Owner’s intellectual property, which may be submitted to a court in Marin County, California any controversies arising out of the terms of this Agreement or its interpretation shall be discussed between the parties with the aim of resolving such controversies, each using reasonable judgment on its part. If the parties cannot resolve the conflict after such meeting, they agree to submit the controversy (“Dispute”) to arbitration before a single arbitrator versed in such issues, and the decision of the arbitrator shall be final and binding, and the arbitrator’s order may be entered in any court of competent jurisdiction and enforceable thereby. The prevailing party shall have all fees and costs associated with any court action, arbitration, court entry, and other settlement of the claim paid for by the other party. Both parties expressly agree to personal jurisdiction in Marin County, California. Service may be made by commercial courier with tracking capabilities (e.g., UPS).

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between Owner and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of Owner’s intellectual property rights and confidential and proprietary information by you, Owner will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Owner may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the action referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in San Francisco or Marin County, California for purposes of any such action.

Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

The Website is based in the United States. Owner makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction, and any Content and the Website are provided “AS IS.”

Miscellaneous

Owner’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Owner unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Owner and you in writing, this Agreement constitutes the entire Agreement with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.