REI Cooperative Action Fund Terms of Use

Date of Last Revision: October 1, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use ("Terms") apply to your access to and use of the websites or other online services (collectively, the "Services") provided by the REI Cooperative Action Fund (also referred to as "we" or "us"). The REI Cooperative Action Fund is a community-funded public charity that directly supports organizations that promote justice, equity and belonging in the outdoors to strengthen the health and well-being of people and communities dedicated to promoting environmental and outdoor causes. We are part of the Recreational Equipment, Inc. family, but operate as a separate organization, and these Terms do not apply to or alter any interactions or agreements you have with Recreational Equipment, Inc.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us in the event you violate these Terms.

We reserve the right to change these Terms from time to time. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Services or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.

If you have any questions regarding the Services, please email us at info@REIFund.org.

Table of Contents

1. Privacy Policy. 2
2. Eligibility to Use Our Services. 2
3. Ownership of Site Content 2
4. Trademarks. 3
5. Feedback. 3
6. User Conduct 3
7. Donations. 4
8. State Disclosure Information. 4
9. Agreement to Conduct Transactions Electronically; Recording; Copies  5
10. Payment Methods
11. No Third-Party Beneficiaries. 5
12. Indemnification. 5
13. Disclaimers. 6
14. Limitation of Liability. 6
15. Modifications to Services. 7
16. Applicable Law and Venue. 7
17. Termination. 7
18. Severability. 7

1. Privacy Policy

Please refer to our Privacy Notice for information about how we collect, use and share information about you.

2. Eligibility to Use Our Services

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Services. In addition, you may not make a donation through our Services unless you are at least 18 years of age (or the age of legal majority in your jurisdiction). You also represent and warrant that you have not previously been suspended or removed from the Services and that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In consideration of your use of the Services, you agree that any information you choose to share with us will be accurate, current and complete.

3. Ownership of Site Content

Unless otherwise indicated on our Services, the Services and all content and materials therein, including but not limited to REI Cooperative Action Fund logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of REI Cooperative Action Fund or our licensors or suppliers and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Site Content for your own personal, non-commercial use. Such license is subject to your compliance with these Terms and does not include the right to engage in: (a) any resale or commercial use of the Services or Site Content; (b) the distribution, public performance or public display of the Services or any Site Content; (c) modifying or otherwise making any derivative uses of the Services and the Site Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Services, the Site Content or any information contained therein, except as expressly permitted on the Services or pursuant to separate terms; or (f) any use of the Services or the Site Content other than for their intended purposes. Any use of the Services or the Site Content outside the scope of the license granted herein, without our prior written permission, is strictly prohibited and will result in automatic termination of the license granted herein. Such prohibited use in violation of the license granted may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time at our sole discretion.

4. Trademarks

"REI Cooperative Action Fund," the REI Cooperative Action Fund logo and other REI Cooperative Action Fund product or service names, logos or slogans that may appear on the Services are trademarks or registered trademarks of REI Cooperative Action Fund or our affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of REI Cooperative Action Fund or the applicable trademark holder. All other trademarks, registered trademarks and organization names or logos mentioned on the Services are the property of their respective owners. Reference to any services, organizations, grantees, processes or other information, by name, trademark or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.

If you believe that anything on the Services infringes upon any trademarks that you own or control, please contact us at info@REIFund.org

5. Feedback

We welcome your questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding REI Cooperative Action Fund and the Services (collectively, "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of REI Cooperative Action Fund. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

6. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Services. You also agree to abide by all rules and policies governing your use of our Services and that you will not:

• Use the Services other than for their lawful, intended purposes or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending spam;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
• Attempt to circumvent any content filtering techniques we employ or access any features or areas of the Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent;
• Use the Services in a manner that could interfere with or damage, disable, overburden or impair the operation of the Services or introduce to the Services or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
• "Frame" our Services or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.

The REI Cooperative Action Fund has no obligation to monitor user conduct, but we reserve the right and have absolute discretion to monitor conduct on the Services and take steps to enforce these Terms at any time.

7. Donations

All donation amounts are shown in U.S. dollars (except where otherwise noted) and are made to a U.S. public charity. It is your responsibility to report your donations accurately as required by law. We recommend consulting your tax adviser or tax preparer if you have any questions. We are not responsible for your treatment of these donations on your tax returns.

For your convenience, REI Cooperative Action Fund offers the ability to make recurring donations on a monthly basis. When you sign up to make recurring donations, we will charge the amount you designated to your stored card once each month. All payment information is stored with our payment processor and we will not change the amount or frequency of the recurring donation. If you wish to cancel future donations or change the payment method or amount, you can do so by clicking on the appropriate link in the email you receive each month confirming the donation, by contacting us at info@REIFund.org or by updating your profile via our self-service portal here. The self-service portal is also available to you if you make a one-time donation.

8. State Disclosure Information

Financial and other information about REI Cooperative Action Fund’s purpose, programs and activities can be obtained by contacting REI Cooperative Action Fund at 1700 45th Street E., Sumner, WA 98352, and info@REIFund.org, and reifund.org, or for residents of the following states, as stated below. Colorado: Copies of registration and financial documents may be obtained from the Office of the Secretary of State, (303) 894-2680,  http://sos.state.co.us/, re: Reg. No. 20213026228. Maryland: For the cost of postage and copying, from the Secretary of State, Charitable Division, State House, Annapolis, MD 21401. Michigan: MICS No. 63895. Mississippi: The official registration and financial information of REI Cooperative Action Fund may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167. New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charfrm.htm. New York: A copy of our most recently filed financial report is available from the Charities Registry on the New York State Attorney General’s website at www.charitiesnys.com or, upon request, by contacting the New York State Attorney General, Charities Bureau, 28 Liberty Street, New York, NY 10005, or us at 1700 45th Street E., Sumner, WA 98352. You may obtain information on charitable organizations from the New York State Office of the Attorney General at www.charitiesnys.com or (212) 416-8401. North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989 (within North Carolina) or (919) 814-5400 (outside of North Carolina). Pennsylvania: The official registration and financial information of REI Cooperative Action Fund may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Virginia: Financial statements are available from the State Office of Consumer Affairs in the Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218. Washington: From the Charities Program at 1-800-332-4483, or www.sos.wa.gov/charities. West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. CONTRIBUTIONS ARE DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH APPLICABLE LAW. REGISTRATION IN A STATE DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION OF REI COOPERATIVE ACTION FUND BY THE STATE.

9. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all donations made through the Services are conducted electronically, from start to finish. You are responsible for printing or making an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

10. Payment Methods

Only valid credit cards or other payment methods acceptable to us may be used to make donations. By making a donation, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your donation amount to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your donation may be suspended or cancelled automatically. You must resolve any problem we encounter while processing of your donation with your payment provider. Please note that donations to REI Cooperative Action Fund are non-refundable.   

11. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the REI Cooperative Action Fund and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with the REI Cooperative Action Fund, the "REI Fund Parties"), from and against any claims, damages, costs, liabilities and expenses arising out of or related to your access to and use or misuse of the Services and your violation of these Terms.

13. Disclaimers

Except as expressly provided, the Services, Site Content and services provided on or in connection with the Services (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. THE REI COOPERATIVE ACTION FUND DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE REI Cooperative Action Fund does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that the Services or our servers are free of viruses or other harmful components.

The Site Content, including, but not limited to, the REI Cooperative Action Fund and third-party photos, videos, articles, information and other content may concern recreational activities that could present danger to some people. Such content must be reviewed with an appreciation for the differing capabilities among individual users, weather and other varying conditions, and the differing demands placed on equipment or techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists. You acknowledge that you could be seriously injured or die when engaging in activities presented on the Services and that you should receive professional instruction when appropriate. You assume all risks associated with engaging in any activities that you may see presented on the Services.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REI FUND PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE SERVICES, YOUR PARTICIPATION IN ACTIVITIES, EVENTS, OUTINGS OR EXPERIENCES THAT ARE NOT OFFICIALLY ORGANIZED AND HOSTED BY THE REI COOPERATIVE ACTION FUND OR OTHERWISE RELATED TO THESE TERMS INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SERVICES, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN REI FUND PARTY'S RECORDS, PROGRAMS OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REI FUND PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED USD $50.00. THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE THE REI FUND PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

15. Modifications to Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice.

16. Applicable Law and Venue

THESE TERMS AND YOUR ACCESS TO AND USE OF THE SERVICES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF WASHINGTON, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.

17. Termination

You may terminate the Terms at any time by discontinuing your use of the Services. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of the Services, and to block or prevent your future access to and use of the Services or any portion of the Services.

18. Severability

If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses or provisions.