Last Updated: September 7, 2019
Welcome, and thank you for your interest in RainbowBetter (“RainbowBetter,” “we,” “us,” or “our”), our website at https://rainbowbetter.org/, directory listings, and along with any other media (collectively, the “Site”).
IF YOU ARE IN NEED OF URGENT OR EMERGENCY ATTENTION, SEEK PROFESSIONAL HELP OR CALL 911 IMMEDIATELY! IF YOU ARE SUFFERING FROM DEPRESSION, HAVING THOUGHTS OF SUICIDE OR HARMING SOMEONE ELSE, CALL 911 OR THE SUICIDE PREVENTION CRISIS LINE AT 1-800-784-2433 OR THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255 (https://suicidepreventionlifeline.org/).
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
LEGAL DISCLAIMER: ANY AND ALL CONTENT OF RAINBOWBETTER IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. RAINBOWBETTER DOES NOT GUARANTEE OR REPRESENT THAT ALL CONTENT IS ACCURATE, COMPLETE, OR RELIABLE. RAINBOWBETTER MAKES NO DETERMINATION REGARDING THE SUITABILITY OF ANY ATTORNEY, COUNSELOR, PROFESSIONAL, OR SERVICE PROVIDER WITH RESPECT TO YOUR LEGAL, MEDICAL, OR HEALTH CONDITION OR CIRCUMSTANCE. YOU ACKNOWLEDGE AND AGREE THAT YOU TAKE FULL RESPONSIBILITY IN USING RAINBOWBETTER AND ITS DIRECTORY INFORMATION, INCLUDING INFORMATION PERTAINING TO ANY SERVICE PROVIDER. RAINBOWBETTER DOES NOT ENDORSE ANY SERVICE PROVIDER LISTED IN THE DIRECTORY. RAINBOWBETTER DOES NOT DETERMINE IF A SERVICE PROVIDER LISTED ON THE SITE IS DULY LICENSED, REGISTERED, OR IN GOOD STANDING WITH THE STATE AND/OR ITS PROFESSIONAL BOARD. YOU SHOULD NOT RELY ON THIS SITE OR ANY CONTENT OR INFORMATION FOUND OR ACCESSED ON THE SITE AS A SOURCE OF PROFESSIONAL, LEGAL, MEDICAL OR MENTAL HEALTH ADVICE. RAINBOWBETTER IS NOT A LAW FIRM. USE OR ACCESS OF THE SITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. RAINBOWBETTER DOES NOT PROVIDE ANY MEDICAL OR MENTAL HEALTH SERVICES, SOCIAL SERVICES, ADVICE, OPINIONS, OR RECOMMENDATIONS, AND IS NOT LICENSED TO DO SO. YOU ACKNOWLEDGE AND AGREE THAT RAINBOWBETTER DOES NOT AND WILL NOT CONTACT ANY MEDICAL PERSONNEL ON YOUR BEHALF. YOU ACKNOWLEDGE AND AGREE THAT RAINBOWBETTER IS NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY YOUR USE AND/OR RELIANCE ON THE SITE OR ANY INFORMATION OBTAINED OR ACCESSED THROUGH THE SITE.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 14, YOU AGREE THAT DISPUTES BETWEEN YOU AND RAINBOWBETTER WILL FIRST BE ATTEMPTED TO BE RESOLVED THROUGH INFORMAL DISPUTE RESOLUTION, FOLLOWED BY CONFIDENTIAL, BINDING, INDIVIDUAL ARBITRATION. BY ACCEPTING THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. FOR MORE INFORMATION SEE SECTION 14.
SERVICE PROVIDERS’ NOTICE: If you are a licensed attorney or certified counselor (“Service Provider”) who has self-identified as a specialist in LGBTQ issues, you may have your professional profile listed with RainbowBetter, subject to these Terms in addition to the Service Provider Terms and Conditions available here: Service Provider Terms and Conditions.
OVERVIEW: Finding the right Service Provider can be difficult and time consuming. RainbowBetter is a nonprofit organization that helps members of the LGBTQ community connect with Service Providers who have self-identified as specialists in LGBTQ issues. As used in these terms, an “Applicant” is a user and member of the LGBTQ community who has requested to receive a list of Service Providers from RainbowBetter and visitors to the Site, Applicants, and Service Providers are all referred to as “user(s),” “you,” or “your.”
ELIGIBILITY: You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended from the Site; and (c) your use of the Site is in compliance with all applicable laws and regulations.
FREE USE AND ACCESS; DONATIONS: RainbowBetter provides the Site free of charge. Any donation made to RainbowBetter by you is for the benefit of RainbowBetter’s cause and is not compensation, quid pro quo contribution, or consideration for your use or access of the Site.
LIMITED LICENSE: Subject to your complete and ongoing compliance with these Terms, RainbowBetter grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
LICENSE RESTRICTIONS: Solely to the extent such a restriction is permissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site and the services included on the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
FEEDBACK: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site, or feedback about any users (“Feedback”), then you hereby grant RainbowBetter an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site, and create other products or services.
OWNERSHIP; PROPRIETARY RIGHTS: The Site is owned and operated by RainbowBetter. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and all other elements of the Site (“Materials”) provided by RainbowBetter are protected by intellectual property and other laws. All Materials included in the Site are the property of RainbowBetter or its third party licensors. Except as expressly authorized by RainbowBetter, you may not make use of the Materials. RainbowBetter reserves all rights to the Materials not granted expressly in these Terms.
REFERRALS AND THIRD PARTY TERMS:
SERVICE PROVIDER REFERRALS: We may provide you with a list of Service Providers; you are under no obligation to engage or employ any Service Provider referred to you by us. Your decision to engage or employ a Service Provider is completely yours. Applicants, Service Providers, and other users are not under RainbowBetter’s control, and, to the fullest extent permitted by law, RainbowBetter is not responsible for your relationship with any user.
LINKED WEBSITES AND SERVICES: The Site may contain links to third party websites and services. Linked websites are not under RainbowBetter’s control and RainbowBetter is not responsible for their content.
THIRD PARTY SOFTWARE: The Site may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
BY USING THE SITE YOU AGREE NOT TO:
use the Site for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, or otherwise harm any user of the Site including Applicants or Service Providers;
violate, or encourage others to violate the rights of any user or third party, including by infringing or misappropriating their intellectual property right;
interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Site or any user’s use or enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission, or falsifying your age or date of birth;
attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
MODIFICATION OF THESE TERMS; MODIFICATION OF THE SITE:
MODIFICATION OF THESE TERMS: We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If changes are material, we may provide you with notice. Modifications are effective upon publication. Except as expressly permitted in this Section 8.1, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that were in effect at the time the dispute arose.
MODIFICATION OF THE SITE: We reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. RainbowBetter will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
TERM, TERMINATION AND SURVIVAL:
TERM: These Terms are effective beginning when you agree to the Terms or first access or use the Site, and ending when terminated as described in Section 9.2.
TERMINATION: If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, RainbowBetter may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.
EFFECT OF TERMINATION: Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Site.
SURVIVAL: Sections 4.2, 5, 9.3, 9.4, 10, 11, 12, 13, and 14 will survive termination of these Terms.
INDEMNITY: To the fullest extent permitted by law, you are responsible for your use and access of the Site, and you will defend and indemnify RainbowBetter and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “RainbowBetter Entities”) from and against every claim brought by a user including any Applicant or any Service Provider or third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any user or third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
DISCLAIMERS; NO WARRANTIES: ...THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RAINBOWBETTER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RAINBOWBETTER DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RAINBOWBETTER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECT
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR RAINBOWBETTER ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RAINBOWBETTER ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING(S) WITH ANY OTHER USER(S) OF THE SITE INCLUDING ANY APPLICANTS OR SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA
RAINBOWBETTER WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AGREEMENT YOU ENTER INTO WITH AN APPLICANT OR SERVICE PROVIDER. ANY AGREEMENT YOU CHOOSE TO ENTER INTO WITH AN APPLICANT OR SERVICE PROVIDER IS YOUR SOLE RESPONSIBILITY AND YOU ENTER INTO IT AT YOUR OWN RISK. RAINBOWBETTER WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY AGREEMENT MADE BETWEEN USERS OR FOR ENFORCING SUCH AN AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY AGREEMENT IN RELATION TO FEES, AND/OR USAGE OF THE SITE
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. RAINBOWBETTER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RAINBOWBETTER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY: RAINBOWBETTER IS A NONPROFIT ORGANIZATION THAT PROVIDES ITS SITE FOR INFORMATION AND REFERRAL PURPOSES ONLY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RAINBOWBETTER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, OR ANY ACTS OR OMISSIONS OF USER INCLUDING ANY APPLICANT OR SERVICE PROVIDER; OR ANY LOSS OR DAMAGES CAUSED BY YOUR RELATIONSHIP WITH AN APPLICANT OR SERVICE PROVIDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RAINBOWBETTER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 13.2 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RAINBOWBETTER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
DISPUTE BETWEEN YOU AND A THIRD PARTY: If there is a dispute between you and another user (including Applicants or Servicer Providers) or any third party, you understand and agree that RainbowBetter is under no obligation to become involved. In the event that you have a dispute with a user or any third party, you hereby release RainbowBetter, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site.
DISPUTE BETWEEN YOU AND RAINBOWBETTER: RainbowBetter and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
INFORMAL DISPUTE RESOLUTION: To expedite resolution and mitigate the cost of any dispute, controversy or claim; you and RainbowBetter agree to first attempt to negotiate any dispute informally for at least 90 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
ARBITRATION: Any dispute between you and RainbowBetter with respect to these Terms that cannot be resolved by the informal dispute resolution described in Section 13.2.a (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through confidential binding arbitration in San Francisco, California, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
NO CLASS ACTIONS: YOU AND RAINBOWBETTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and RainbowBetter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
ENFORCEABILITY: If Section 13.2.b is found to be unenforceable or if Section 13.2 is found to be unenforceable, then the entirety of this Section 13 (except for Sections 13.1 and 13.2.a) will be null and void and, in that case, you and RainbowBetter agree that the exclusive jurisdiction and venue described in Section 14.5 will govern any action arising out of or related to these Terms.
ADDITIONAL TERMS: Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
NO SUPPORT: We do not and we are not under any obligation to provide support for the Site.
GOVERNING LAW: These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and RainbowBetter submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in California, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
NOTICE TO CALIFORNIA RESIDENTS: If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
INTERNATIONAL USE: The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
CONTACT INFORMATION: The Site is offered by RainbowBetter, located at PO Box 2032, Los Altos, CA 94023. You may contact us by sending correspondence to that address or by emailing us at email@example.com.