Is this "In the unlikely event that RSI is not able to deliver the Game and/or the pledge items, RSI agrees to refund any unearned portion of your Pledge, and to post an audited cost accounting on the Website to fully explain the use of the amounts paid for Pledge Item Cost and the Game Cost." the statement you're refering to? If so, it's still in the ToS as it was in the old ToS (except for the bold part which was added in the new ToS).
Yes, that's what I mean, and cheers