Last Revised: July 12, 2019
We’re an open platform because we believe that amazing things happen when people with different backgrounds and perspectives can participate in the conversation. We do need rules to keep our platforms safe for you, us, and the community. These Terms of Service outline rights and responsibilities related to our platform and services.
These Terms of Service cover your activities on TheResilientActivist.org, our platform which is used to offer content, courses, and community-building programs.
User accounts
You need an account for some activities on our platforms. You must be at least 16 years or older to use The Resilient Activist platforms. If you are younger than 16 you may not set up an account by yourself, but we encourage you to invite a parent or guardian to create an account that they will share with you. If we discover that you have created an account and you are younger than 16, we will terminate your account. In order to donate to The Resilient Activist, you must be at least 18 years of age.
When you participate on our online discussions, register for an event or program, sign up to receive our emails, or you make a donation via our platform, a Resilient Activist account is created for you.
When setting up your account, you must provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. Inform us immediately upon learning that someone else may be using your account without your permission by contacting us at Info@TheResilientActivist.org.
Follow our Community Guidelines
When posting content you must follow these Community Guidelines that are applicable to the product or feature you are using.
User content rules
You’re responsible for what you post on our platforms. You should keep the content you upload in line with all Community Guidelines and the law, and respect the intellectual property rights of others. It’s not something we want to do, but we can terminate your account for repeated or major offenses.
Abide by the law and respect rights of others
You cannot post any content that violates applicable local or national laws of your country, or international laws or regulations.
Enforcement by The Resilient Activist
If we are put on notice that your post or content violates the law or the rights of others (for example, if it is established that it is defamatory or violates privacy, intellectual property or publicity rights or others, or is funding an illegal activity), if we discover that your content violates our Community Guidelines, or if we believe your content is inappropriate or objectionable, we may remove it from our platforms, or we may make edits to bring your content into compliance. In the vast majority of cases, we will notify you and try to work with you to fix the issue before we take any of these actions (but we are not obligated to do so).
The Resilient Activist has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platforms and services or disable your account at any time, and with or without notice, for any material or repeated violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or for engagement by you in fraudulent or illegal activities. Upon any such termination we may delete your account, passwords and content and we may prevent you from further access to the platforms and use of our services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content or blocking of your access to our platforms and services.
Posting user content
You retain ownership of content you post to our platforms, but you should make sure you’re allowed to share it. We’re allowed to make versions of your content publicly available to anyone through any media, and others can do the same. Be sure to make backups of your work too.
The content you submit on the platforms is not confidential
Any content you submit or post on the platforms is likely to be publicly available, including all threads you initiate in our online forums, the comments or questions you submit to any such forums on our websites, in apps, and in social media pages. If you are concerned about others in The Resilient Activist community or people you don’t know seeing a particular message or other content of yours, please do not post it. Please check out our Privacy Policy for more details on information we collect and share when you use the platforms.
The content you post (including photos) remains yours, and you also allow us to reuse and share it
By submitting and posting content, you do not lose any ownership rights you may have over your content. However, you authorize us to share this content with anyone, distribute it on any platform and in any media, and to make modifications or edits to it as we see fit (e.g. for clarity or optimization purposes). For example, we may shorten a title for it to appear on our website, reformat the layout of a post, or share the content with interested media. You also authorize us to allow others to do the same with your content.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with The Resilient Activist for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
No user content storage
We are not a content-archiving service. We do not promise to store or make available on our platforms any content that you or other users may post for any length of time. You are solely responsible for keeping backups of everything you post on the platforms.
Open platform
Content on our platforms represent the many opinions of many people. We do not take responsibility for their views, nor do we monitor content for legality or accuracy. You’ll find links to other sites on our platforms, however, once you leave our site, we’re not responsible for the legitimacy of any content you may find.
We are not responsible for the content or actions of our users, and we do not monitor user content
Content posted by users come from people, organizations, and other sources. We make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user content, nor do we endorse or support any views, opinions, endorsements, recommendations, or advice that may be posted by users. You acknowledge that certain users may have commercial interests in the content they post. We do not monitor or review content submitted by users, or evaluate them for compliance with foreign or domestic laws and regulations. You therefore use The Resilient Activist services and rely on any content you find at your own risk.
If you find any user content that violates our Community Guidelines, please contact us at Info@TheResilientActivist.org.
Links out
When you use our platforms, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
Our rights
We own The Resilient Activist platforms including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees.
All right, title, and interest in and to The Resilient Activist platforms and services including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our services (but excluding content provided by users) are and will remain the exclusive property of The Resilient Activist and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use The Resilient Activist name or any of The Resilient Activist trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding The Resilient Activist or the services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the platforms and services:
- access, tamper with, or use non-public areas of the platform, The Resilient Activist’s computer systems, or the technical delivery systems of The Resilient Activist’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of The Resilient Activist platforms or services.
- access or search or attempt to access or search our platforms by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). Crawling The Resilient Activist site is permissible if done in accordance with the provisions of the robots.txt file ???; however, scraping the services, platforms, and databases is expressly prohibited unless authorized in a written agreement between you and The Resilient Activist.
- in any way use The Resilient Activist services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Resilient Activist); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the services.
Purchases, donations and other contributions
We work with a different company to process payments so we can stay focused on improving our platforms. When you make a payment, you agree to use a valid payment method.
We may provide you the ability to purchase promotional items, make a charitable donation, or purchase products or services.
We work with Stripe and PayPal, credit card payment processing companies, to process all credit card transactions. If you make a donation, or if you make a payment for services, Stripe or PayPal will store on our behalf certain information about you. For more information, see our Privacy Policy.
You agree that, for all purchase, donation, or contribution transactions, (a) you will not use an invalid or unauthorized payment method; (b) you will be charged using the payment method you designate; and (c) all transactions are final and non-refundable (unless otherwise determined by The Resilient Activist in its sole discretion). You understand and acknowledge that payments made to The Resilient Activist may be tax-deductible as charitable donations.; contact your financial adviser for information about this.
If you make a purchase, donation, or contribution through our platform, you agree to pay the applicable fee or amount in accordance with any pricing and payment terms presented to you for that purchase donation or contribution. You are responsible for paying any applicable taxes. You are also responsible for paying any applicable standard credit card processing fees.
No waiver, assignment
If we waive any of our rights in any particular instance, it does not mean that we are waiving our rights generally or in the future. If we do not enforce all our rights all of the time under these Terms, it does not mean that we are waiving our rights, and we may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by us to another company or person without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
As is service
Use of The Resilient Activist platforms is at your own risk. The platforms (including the content you find on it) are provided on an “AS IS” and “AS AVAILABLE” basis. The Resilient Activist and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Furthermore, The Resilient Activist and its affiliates, suppliers, partners and agents make no warranty that (i) its platforms or any products or services provided through the platforms will meet your requirements; (ii) the platforms will be uninterrupted, timely, secure or error-free or that The Resilient Activist will fix any errors; (iii) you will obtain any specific results from use of the platforms; or (iv) any content on the platforms are accurate, complete, reliable, current or error-free. Any content obtained through use of the platforms is obtained at your own discretion and risk and The Resilient Activist shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the platforms or any content obtained from the platforms. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights which vary from state to state.
No guarantee of service
We may decide to cease making available The Resilient Activist platforms, apps or services or any portion of the services at any time and for any reason. Under no circumstances will The Resilient Activist or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability.
Limitation of liability
To the fullest extent permitted under law, The Resilient Activist and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the platforms , service, or any content provided by or through the platforms or service, even if we have been advised of the possibility of such damages in advance. This limitation applies to damages arising from (i) your use or inability to use the platforms and access the services; (ii) cost of procurement of substitute products or services; (iii) unauthorized access to or alteration or distribution of content you submit through the platforms; (iv) third party content made available to you through the platforms; (v) any loss or damage as a result of contributions to The Resilient Activist or (vi) any other matter relating to any aspect of the platforms and service, including the website, the API, any present or future apps, email communications, and The Resilient Activist content on third party sites. Some countries and states do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you.
Notwithstanding anything to the contrary contained herein, The Resilient Activist’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve (12) months.
Indemnity
You agree to indemnify, defend (if we so request), and hold harmless The Resilient Activist and its affiliates, suppliers, partners, and agents from and against any claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from the content you post or submit, your use of and connection to The Resilient Activist websites, applications, API, and any other aspect of the platforms or services, your violation of these Terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and your use of the platforms and services.
Binding Agreement
By using the platforms you agree to abide by these Terms of Service, and you consent to The Resilient Activist collecting, using, and sometimes sharing information about you as stated in our Privacy Policy and Cookies Policy. If you are accepting these terms and policies and using our services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Dispute resolution
One of the principles behind The Resilient Activist is that people can interact with each other and us and come to solutions together. If you have a serious disagreement with a decision we make, let’s agree to sort it out with each other before we make claims in court.
The Resilient Activist is a U.S.-based company and these Terms are governed by the laws of the state of Missouri and the United States of America, without regard to their conflict of law principles. If a court having proper authority decides that any portion of these terms, policies and guidelines is invalid, only the part that is invalid will not apply and the rest will still be in effect. The official language of these Terms is English. If there is a conflict between the English language version and any translation, the English language version will prevail.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or an alleged breach thereof, whether arising in contract, tort or otherwise, between you and us, we shall use our respective best efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Notice of Dispute,” specifically setting forth the precise nature of the dispute. Please mail any Notice of Dispute to our office at:
Dispute Resolution
The Resilient Activist, Inc.
15 West 108th Terrace
Kansas City MO 64114
USA
You can also contact us at Info@TheResilientActivist.org to let us know you have mailed your Notice of Dispute.
Following The Resilient Activist’s receipt of the Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute that is satisfactory to both parties. If the parties are unable to reach a resolution of the dispute through this dispute resolution mechanism within 90 days of the receipt of the Initial Notice of Dispute, then any subsequent claim, legal proceedings, or litigation arising in connection with The Resilient Activist services will be brought solely in the federal or state courts located in Jackson County, Missouri, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
How to contact us
The best way to get in touch with us is to email us at Info@TheResilientActivist.org.
We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know:
The Resilient Activist, Inc.
15 West 108th Terrace
Kansas City MO 64114
USA
Phone: (816) 919-3311
Because email or postal communications are not always secure, please do not include credit card or other sensitive information in your emails or letters to us.