RainbowBetter Service Provider’s
Terms and Conditions

Last Updated: October 25, 2018

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

These Service Provider Terms and Conditions describe the expectations and obligations of Service Providers who are listed with RainbowBetter’s Site. If you are not a Service Provider, then please see our Terms of Use. 

ASSENT: BY CLICKING “SUBMIT,” ACCEPTING THE TERMS THROUGH EMAIL ACKNOWLEDGEMENT, OR BY OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE LEGALLY BOUND BY: (1) THE FOLLOWING SERVICE PROVIDER TERMS AND CONDITIONS, (2) THE TERMS OF USE AND, (3) RAINBOWBETTER’S PRIVACY POLICY (TOGETHER, THE “AGREEMENT”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. 

  1. CAPITALIZED TERMS: For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Terms of Use.

  2. SERVICE PROVIDER ELIGIBILITY: By accepting this Agreement, you represent and warrant to us that: (a) you will maintain all necessary professional certification and license in the jurisdictions in which you operate; and (b) your use of the Site is in compliance with any and all applicable laws and regulations.

  3. REFERRALS: 

    1. YOUR INFORMATION: To be added to the RainbowBetter directory, you must enter information about yourself, such as your name, email address or other contact information, and the type of services you are certified and qualified to provide. You agree that the information you provide to us is truthful and accurate. Please read RainbowBetter’s Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your information.

    2. APPLICANT REFERRALS: An Applicant who received your information from the RainbowBetter directory may contact you for services; you are under no obligation to provide your services to any Applicant. Your decision to engage any Applicant is completely yours. Applicants are not under RainbowBetter’s control, and, to the fullest extent permitted by law, RainbowBetter is not responsible for your relationship with any Applicant. 

  1. SERVICE PROVIDER WARRANTIES: SERVICE PROVIDER REPRESENTS, WARRANTS AND COVENANTS AS FOLLOWS:

    1. You will not provide any services or offer any advice in any jurisdiction where you are not authorized or licensed or in good standing to do so, or where such services may not be rendered through the Site according to the laws, regulations, and ethics that apply in the state of California.

    2. You agree that all times you will maintain your skills, qualifications, eligibility, and other information and requirements, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession.

    3. You agree that when you are included in the RainbowBetter directory, you will maintain good standing in your relevant field of expertise and abide by all relevant laws, rules, and regulations, including but not limited to rules of ethics and professional responsibility. Furthermore, if you are an attorney, you will maintain all necessary certifications or licenses with the proper certifying or licensing body to practice law in the state of California. 

    4. You agree that if at any time you lose your certification or license, you must immediately notify RainbowBetter within 48 business hours of the loss.

    5. You will provide your services using the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same locale.

    6. You agree that all of the information that you provided in or through the Site, and the information that you will provide in or through the Site in the future, is accurate, true, current, and complete. Furthermore, during the term of this Agreement you will maintain this information so it will continue to be accurate, current and complete. 

    7. You will provide the same correct and accurate representation of your skills, degrees, qualifications, background, and other information to any and all Applicants, including but not limited to, any communications or services provided to Applicants. 

    8. You will maintain adequate insurance if such insurance is required by any applicable laws or regulations, including applicable professional liability insurance. 

    9. You will not charge Applicants a higher fee for your services than you would charge in a similar client relationship.

  2. DISCALIMAR; NO WARRANTY: 

    1. NO GUARANTEES: Adding yourself as Service Provider to the RainbowBetter directory does not guarantee that your name will be served to users or that any Applicant will contact you for services.

    2. NO WARRANTY: IN ADDITION TO THE WARRANTY DISCLAIMER IN THE TERMS OF USE, RAINBOWBETTER FURTHER MAKES NO REPRESENTATION OR WARRANTY ABOUT THE USERS INCLUDING APPLICANTS THAT CONTACT YOU FOR SERVICES. YOU UNDERSTAND AND ACCEPT THAT APPLICANT INFORMATION HAS NOT BEEN SCREENED OR VALIDATED BY US IN ANY WAY. 

  3. MISCELLANEOUS: 

GENERAL TERMS: These Service Provider Terms and Conditions are Additional Terms under, and supplement, the Terms of Use. Together with the Privacy Policy and any other agreements expressly incorporated by reference into this Agreement they are the entire and exclusive understanding and agreement between you and RainbowBetter regard your use of the Site as a Service Provider. If there is a conflict between these Service Provider Terms and Conditions and the Terms of Use, the provisions of these Service Provider Terms and Conditions control. You and RainbowBetter agree that any disputes arising in connection with this Agreement will be resolved by binding arbitration as described in the Terms of Use.

    1. INDEPENDANT CONTRACTOR: You acknowledge that you are an independent contractor and no agency, partnership, joint ventures or employee-employer relationship with RainbowBetter is intended or created by this Agreement or any relationship between us, that you have no power or authority to make any commitments on behalf of RainbowBetter, and that RainbowBetter has no power or authority to make any commitments on your behalf. 

    2. CONTACT INFORMATION: The Site is offered by RainbowBetter, located at [Postal Address]. You may contact us by sending correspondence to that address or by emailing us at [contact@rainbowbetter.org]. You can download a PDF copy of these Service Provider Terms and Conditions by clicking here: [https://rainbowbetter.org/SPT&C.pdf/]