Terms of Use

Please read this agreement carefully before using this site.

By accessing, browsing, or using RadicalFemaleDirectory.com (“Radical Female Directory”) or related websites, if any (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 (“Terms” or “Agreement”).

Please read these Terms carefully before using the Websites or opening a Radical Female Directory account (“Account“).

Avalon Evolution, Inc., dba Radical Female Directory (“Owner”) reserves the right, in its sole discretion, to revise these Terms (including our Privacy Policy, which is incorporated herein) at any time without providing notice to you by posting the revised Terms on the Websites. Your continued use of the Websites or your Account after any changes to the Terms have been posted shall be deemed your irrevocable acceptance of those revisions.

We reserve the right to refuse to provide you access to the Websites or to allow you to open an Account for any reason.

BY USING THE WEBSITES OR OPENING AN ACCOUNT, YOU (also referred to as “Customer” or “User”) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS. If you do not agree with these Terms, you may not visit or use the Websites or open an Account.

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.

The third-party links provided throughout the Websites are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and are not otherwise covered by these Terms. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement, or sponsorship by Radical Female Directory of any linked site and/or any of its content therein.

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.

Limited License; Restrictions on Use

We grant you a limited license to access and use the Websites and Services, including, but not limited to, information, data and programs, available on or through the Websites (“Service”), and your Account for your personal, business and internal use, subject to all the terms and conditions of this Agreement.

No part of the Websites may be reproduced, modified, or distributed in any form or manner without our prior written permission; provided no such permission is necessary in connection with the fair use of excerpts of freely available (i.e., available to any visitor to the Websites without any requirement of registration or payment of fees) factual information on the Websites regarding descriptions of Radical Female Directory and its products and services, and provided such use is in accordance with United States copyright laws. You may not robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Websites.

Use of the Websites

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Websites. We do not control all of the Content posted on the Websites and, as such, do not guarantee the accuracy, integrity or quality of any of the Content posted on the Websites by third parties. You understand that by using the Websites, you may be exposed to Content that you may consider offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content posted onto the Websites by third parties, and will also not be liable any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Websites.

You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone without the express prior written consent of Radical Female Directory. Copying and distributing the Services to third parties is forbidden. You may not: (a) use or permit the use of the Service to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a Third Party; (b) use or permit the use of the Service for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a Third Party; or (c) use or permit the use of the information in connection with any individual credit, employment, or insurance applications.

IN ADDITION: 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;

to violate the Terms of Use, Terms and Conditions of Purchase and Privacy Policy, 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 use the Websites to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

to remove any proprietary notices from the Websites;

to attempt to decompile, reverse engineer, disassemble or hack the Websites or any of the software embedded or included therein, or to defeat or overcome any encryption technology or security measures implemented by Radical Female Directory with respect to the Websites;

to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights“) of any party;

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.

You acknowledge that we may or may not pre-screen Content, but that we, and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is available on the Websites. Without limiting the foregoing, we, and our designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.

You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Radical Female Directory, its users and the public.

You understand that the technical processing and transmission of the Websites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Accounts and Security

To use aspects of the Websites, you must register with us to open an Account. As part of the registration process, each User will submit his or her email address, and/or a sign-in name and select a password. You shall provide us with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. You agree that you will not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address that Radical Female Directory, in its sole discretion, deems inappropriate or offensive; or (iv) breach any representation, warranty or promise made by you in these Terms regarding your Account.

You agree to immediately notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by others using the Websites, your email address and password. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

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.

Termination

We may immediately terminate your Account, suspend your access to your Account, and/or remove, edit or delete any Submitted Information, in our sole discretion and, without notice, for conduct that we believe is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms or any other policies or guidelines posted by Radical Female Directory or (iii) harmful to other users, third parties, or the business interests of Radical Female Directory. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You may only use the Websites and/or open an Account if your applicable jurisdiction allows you to accept the terms set forth in these Terms in accordance with the acceptance procedures adopted by us.

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.

Information You Provide to Us

To the extent you provide any data or information concerning yourself as part of using the Websites or creating or operating an Account (“Submitted Information”), such as business name, address, telephone numbers (including mobile), and email addresses, you represent and warrant that such Submitted Information is true, correct, and current, that you have the right to possess and use all such data, and that such submission is to your best knowledge not confidential and not in violation of any laws, contractual restrictions, or other third party rights. In addition, we are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the information you submit. You hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. You acknowledge that Radical Female Directory may not pre-screen or regularly review posted content, but that we shall have the right to remove in our sole discretion any content or Submitted Information that we consider to violate these Terms.

Disclaimer

THE SITES AND THE INFORMATION, TOOLS, FEATURES, AND FUNCTIONALITY PROVIDED THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO ANY ONLINE BUSINESS DIRECTORY, OR A LINKED SITE (THE “SITE MATERIALS“) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL STATUTORY AND OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE HEREBY DISCLAIMED INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR FROM RADICAL FEMALE DIRECTORY’S CONDUCT IN COLLECTING, COMPILING, OR INTERPRETING ANY DATA OR INFORMATION. NEITHER WE, NOR OUR THIRD-PARTY SUPPLIERS MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY WEBSITE MATERIALS PROVIDED ON THE WEBSITES OR ON THE ONLINE BUSINESS DIRECTORY. NEITHER WE NOR OUR THIRD-PARTY SUPPLIERS WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITES OR THE WEBSITE MATERIALS AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITES, THE WEBSITE MATERIALS, OR THE DELIVERY THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE WEBSITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RADICAL FEMALE DIRECTORY, ITS AFFILIATES, THIRD PARTY SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “RELATED PARTIES“) SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, EVEN IF RADICAL FEMALE DIRECTORY AND/OR ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) THE USE OR THE INABILITY TO USE THE WEBSITES, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF RADICAL FEMALE DIRECTORY OR ANY OF THE RELATED PARTIES TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT THAT YOU PAID TO RADICAL FEMALE DIRECTORY OR ITS DESIGNEES FOR THE APPLICABLE PRODUCT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF LOSS OR $250.00, WHICHEVER IS LESS. 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.

YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITES.

Rights of Third Parties

Each Third-Party Supplier and Related Party is a third-party beneficiary of these Terms. These Terms are not intended to, nor may be deemed to create any rights of enforcement by, any other party.

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.

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.