Terms of Use

GENERAL

These Terms of Use constitute a binding contract between you and Rainbow Response Coalition. Your access to and continued use of the Rainbow Response Coalition Web site located at www.rainbowresponse.org (including any successor site) constitutes your acceptance, without limitation, of the terms and conditions of these Terms of Use. If you do not agree to be bound by these terms, you may not access or use the Rainbow Response Coalition Site.

PERMITTED USES

You may access and use such portions of the Rainbow Response Coalition Site for which a registration is not required but not any other portions of the Rainbow Response Coalition Site, including, without limitation, any features and services for which registration is required.

· To learn about the coalition, programs, or services for yourself or another individual in need; or

· For the purpose of evaluating Rainbow Response Coalition as recipients of personal charitable donations.

You may download and print information from the Rainbow Response Coalition Site in connection with the Permitted Uses. Rainbow Response Coalition reserves all rights not expressly licensed. Registration-Based Areas are restricted use and require special permission.

PROHIBITED USES

You may not:

· Use the Rainbow Response Coalition Site other than as authorized by these Terms of Use;

· Use the Rainbow Response Coalition Site for the benefit of any third party, other than as part of a Permitted Use;

· Republish or distribute information from the Rainbow Response Coalition Site, including posting same on any other web site;

· Modify information from the Rainbow Response Coalition Site except in connection with a Permitted Use;

· Disassemble, decode, decompile, or otherwise reverse engineer the Rainbow Response Coalition Site, including, without limitation, any interfaces or software programs comprising the Rainbow Response Coalition Site;

· Take any action that would impede or interfere with the operation of the Community Crisis Services, Inc. Site, or alter the contents of the Rainbow Response Coalition Site, or alter or interfere with any other content, site or software that Rainbow Response Coalition owns or controls;

· Directly or indirectly change, recompile, reframe, rent, sell, distribute, or publish any of the Rainbow Response Coalition Site, any database thereon and/or any content thereon, or any portion thereof;

· Use any data mining, robots, or similar data gathering and extraction methods with respect to the Rainbow Response Coalition Site or any portion thereof; or

Use the Rainbow Response Coalition Site directly or indirectly in competition with Rainbow Response Coalition in any way whatsoever.

ACCESS TO THE RAINBOW RESPONSE COALITION SITE

Rainbow Response Coalition reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Rainbow Response Coalition Site. Rainbow Response Coalition further reserves the right to impose registration, password and other security precautions on access to and use of the Rainbow Response Coalition Site.

You agree to the terms of our Privacy Policy, which is incorporated by reference.

LEGAL NOTICES AND PROPRIETARY RIGHTS

You acknowledge and agree to the terms of Rainbow Response Coalition’s Legal Notices, which are incorporated by reference. You agree not to take any action that would infringe, misappropriate, or violate Rainbow Response Coalition’s intellectual property interests.

© 2008, 2009 Rainbow Response Coalition All Rights Reserved. The Rainbow Response Coalition Site (including without limitation the database and content found on the Rainbow Response Coalition Site) is copyrighted subject matter owned by Rainbow Response Coalition and is protected by United States and international copyright law. You may not reproduce, modify, distribute or publicly display the Rainbow Response Coalition Site.

Rainbow Response Coalition respects others’ intellectual property rights. However, Rainbow Response Coalition Site contains information from third-party sources. If you believe that your copyright interests are being infringed by anything on the Rainbow Response Coalition Site, you must notify us of your claim by filing a Notice with Rainbow Response Coalition. Your notice must be in writing (either via electronic mail or by certified or registered mail to Rainbow Response Coalition) and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Rainbow Response Coalition Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CONFIDENTIALITY

The Rainbow Response Coalition Site and the compilation of data and information therein are the proprietary, confidential and trade secret information of Rainbow Response Coalition, provided in confidence only to those who have agreed to a Rainbow Response Coalition User Agreement (and, as appropriate, supplemental Agreements). You may use the Rainbow Response Coalition Site and its contents only in accordance with such agreement(s).

LINKING TO THE RAINBOW RESPONSE COALITION SITE

You may link to the Rainbow Response Coalition home page. Linking to any page other than the home page may result in broken links and therefore is discouraged.

TRADEMARK PROTECTION

Rainbow Response Coalition is a registered service. All other trademarks referred to on this web site are service/trademarks of their respective owners.

ACCURACY AND WARRANTY DISCLAIMERS

Rainbow Response Coalition does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Rainbow Response Coalition Site (including, without limitation, any database accessible via the Rainbow Response Coalition Site and its content) or linked from the Rainbow Response Coalition Site.

Due to, among other things, the possibility of human and/or mechanical error, Rainbow Response Coalition shall not be responsible for any errors or omissions on the Rainbow Response Coalition Site. Rainbow Response Coalition makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. Rainbow Response Coalition shall not be liable for any damages of any kind incurred as a result of the information posted on the Rainbow Response Coalition Site including, without limitation, any content thereon.

Rainbow Response Coalition makes no warranty that the Rainbow Response Coalition site is bug free or error free, that same will operate without any interruption, or that use of same will result in any particular results. There are no warranties against interference with your enjoyment of any information or against infringement. The Rainbow Response Coalition Site is provided “as is” and “with all faults.” Rainbow Response Coalition has made and makes no other warranties, and it disclaims all warranties express or implied, or arising by course of performance, course of dealing, or usage of trade, including without limitation any representations or warranties relating to non-infringement, noninterference, accuracy, merchantability, timeliness, performance, title, quiet enjoyment, fitness for particular purpose or that any information, efforts, services, or system provided by Rainbow Response Coalition will fulfill any of your particular purposes or needs. Rainbow Response Coalition makes no representations or warranties on behalf of itself with respect to third party software or equipment and expressly excludes any and all liability arising from or relating to a third party’s software and/or equipment.

LIMITATIONS ON LIABILITY; INDEMNITY

In no event shall Rainbow Response Coalition (including its officers, directors, employees, successors and assigns) have liability for punitive, exemplary, indirect, special, incidental, or consequential damages or loss (including without limitation damages for lost business, lost profits, or lost data) arising in connection with these terms of use, the Rainbow Response Coalition Site, any database or content thereon or the use or inability to use the Rainbow Response Coalition Site, or any database or content thereon, regardless of the legal theory on which such damages are claimed or regardless of whether Rainbow Response Coalition has been notified of the possibility of such damages or loss. Not all state laws allow such limitations, and your rights may vary.

You agree to indemnify, defend and hold harmless Rainbow Response Coalition, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers, and any other person or entity involved in the creation, production and/or distribution of the Rainbow Response Coalition Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys’ fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the Rainbow Response Coalition Site.

ENDORSEMENT DISCLAIMER

Rainbow Response Coalition may endorse, support, sanction, and verify the information or material on or accessible via the Rainbow Response Coalition Site. Unless otherwise specifically indicated, Rainbow Response Coalition does not necessarily endorse all organization or agencies and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Rainbow Response Coalition Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity, or person.

DISCLAIMER REGARDING FINANCIAL AND LEGAL ADVICE

The information on the Rainbow Response Coalition Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal or mental health advice and should not be relied on in that respect. We suggest that you consult an attorney or mental health professional to answer any questions.

TERMINATION; EQUITABLE REMEDIES

Rainbow Response Coalition may terminate these Terms of Use (including your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by You of the Rainbow Response Coalition Site or any infringement or violation of Rainbow Response Coalition’s intellectual property rights, shall cause Rainbow Response Coalition irreparable injury for which Rainbow Response Coalition could not be fully compensated by money damages. You agree that, in the event of such a violation, Rainbow Response Coalition would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Rainbow Response Coalition would be entitled to recover from You its attorneys’ fees and costs incurred in seeking and obtaining such relief.

FORCE MAJEURE

Rainbow Response Coalition shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the Rainbow Response Coalition Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, natural disaster, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Rainbow Response Coalition’s reasonable control.

DISPUTE RESOLUTION

These Terms of Use shall be governed and construed by the laws of the District of Columbia, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Rainbow Response Coalition Site, You are transacting business in the District of Columbia and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of use or in connection with the Rainbow Response Coalition Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the District of Columbia, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statues and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonable discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

MODIFICATION OF THESE TERMS OF USE

Rainbow Response Coalition reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use (as well as any User Agreement, the License Agreements and the Legal Notices and Privacy Policy referenced in these Terms of Use) at any time by posting such modified versions on the Rainbow Response Coalition Site. You agree to monitor regularly these Terms of Use as they appear on the Rainbow Response Coalition Site. Your continued use of the Rainbow Response Coalition after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may be modified by Your agreement to any User Agreement and/or a License Agreement or License Agreements to one or more of our Fee-based Products. These Terms of Use may not otherwise be modified or amended.

NOTICES

Except as is stated herein to the contrary, any notices to Rainbow Response Coalition must be given by postal mail sent to Rainbow Response Coalition headquarters as then listed on theRainbow Response Coalition Site.

SEVERABILITY

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Rainbow Response Coalition and You agree that such provision shall be automatically severed and the remainder of these Terms of use that can be given effect shall continue to be given effect.

ENTIRE AGREEMENT

Subject to the following sentence, these Terms of Use constitute the entire agreement between Rainbow Response Coalition and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between you and Rainbow Response Coalition with respect to the subject matter of these Terms of use. These Terms of Use do not supersede or alter any User Agreement and/or License Agreement to one or more of our Fee-Based Products; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.