Rainbow Chrysalis Coaching

Rainbow Chrysalis Coaching Terms of Use

These Terms of Use, together with Rainbow Chrysalis Coaching’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Rainbow Chrysalis Coaching website, located at https://www.rainbowchrysaliscoaching.com/ (together, the “Site”).

 

“Rainbow Chrysalis Coaching” includes Rainbow Chrysalis Coaching and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The Rainbow Chrysalis Coaching services may include, but are not limited to Coaching, Education, and/or Doula services to LGBTQIA+ and/or neurodivergent communities and families (collectively, the “Services”).

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 14 below. Because Rainbow Chrysalis Coaching provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Rainbow Chrysalis Coaching must be resolved in arbitration or small claims court.

1. Account Security. To use the Site, you must have not previously been suspended or removed from the Site/Services.

2. Specific Requirements for Certain Services. Your use of the Site/Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the Rainbow Chrysalis Coaching services.

1. Prohibited Conduct. You agree not to:

A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

 

B. Violate or encourage others to violate the rights of Rainbow Chrysalis Coaching or any third parties, including intellectual property rights;

 

C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

D. Interfere in any way with security-related features of the Site;

 

E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

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F. Access, monitor, or copy any content or information of the Site using any robot,
spider, scraper, or other automated means or any manual process for any purpose
without Rainbow Chrysalis Coaching’s express written permission;

 

G. Perform any fraudulent activity, including impersonating any person or entity,
claiming false affiliations, accessing the accounts of other users without
permission, or falsifying your identity or any information about you, including
age or date of birth; or

 

H. Sell or otherwise transfer the access granted herein.

2. Electronic Communications, Alerts, Notifications. As part of the Services, you
may receive notifications, alerts, emails, or other types of electronic communications regarding
the Site/Services. You acknowledge and agree that you may receive communications from us
electronically, such as via e-mail or text message or through notices and messages on our Site.
You agree that all agreements, notices, disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in writing. Where
required by applicable law, we will seek express prior written consent for marketing text
messages or calls to you. Additionally, we may use third party vendors to communicate with
you. To the extent you have any questions, please refer to their terms of use.

3. Third Party Content. The Site may contain links to third party websites and
services. Rainbow Chrysalis Coaching provides such links as a convenience, and does not
control or endorse these websites and services. You acknowledge and agree that Rainbow
Chrysalis Coaching has not reviewed the content, advertising, products, services, or other
materials that appear on such third party websites or services, and is not responsible for the
legality, accuracy, or appropriateness of any such content. Rainbow Chrysalis Coaching shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of any such third party websites or services.

4. Intellectual Property. You acknowledge and agree that you relinquish all
ownership rights in any ideas or suggestions that you submit to Rainbow Chrysalis Coaching
through this Site. This Site is protected by applicable copyright and other intellectual property
laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way without our express permission. All trademarks and
service marks on the Site belong to Rainbow Chrysalis Coaching, except third-party
trademarks or service marks, which are the property of their respective owners.

5. Pricing. The prices displayed for products available for purchase via the Site
represent the applicable retail prices and do not include taxes, shipping, or handling charges (to
the extent applicable). Any applicable taxes, shipping, or handling charges will be
communicated to you before you place an order. The prices displayed on the Site are quoted in
U.S. dollars.

6. Product Information. We make every effort to present the most recent,
accurate, and reliable information on the Site at all times. However, occasionally there may be
information on the Site that contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, promotions, offers, and availability. Products displayed
may be out of stock or discontinued, and prices are subject to change. Rainbow Chrysalis
Coaching is not responsible for errors regarding price, availability, or any other matter.
Likewise, Rainbow Chrysalis Coaching does not warrant the accuracy of customer product
ratings, comments, or feedback.

7. Payment. By submitting an order through the Site, you agree to pay in advance
the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other
charges. You may make payment by credit card or any other method of payment we may make
available to you (each, a “Method of Payment”). In order to make a payment, you must provide
us with valid credit card and/or other billing information and authorize us (or any third-party
payment service provider engaged by us) to charge your Method of Payment for all orders placed
and accepted via the Site. YOU REPRESENT AND WARRANT THAT YOU HAVE THE
LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S)
UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information,
you grant us the right to provide such information to third parties for purposes of facilitating the
completion of transactions initiated by you or on your behalf. Verification of information may
be required prior to the acknowledgment or completion of any transaction.

8. Purchase History. Your purchase history may include such details as product
description, product image, units purchased, purchase price, purchase or order date, store details
where the product was purchased, shipping updates, order number, or product manuals,
warranties, and instructions. All information related to your purchase history is solely owned by
us at all times, but may be made available to you in our sole discretion for your review upon
request.

9. Processing Orders. If any problems arise with your order, or with the shipping
address or Method of Payment associated with your purchase, and we are unable to resolve the
problem, we may notify you via the contact information provided at the time of your purchase.
If problems arise with your order that we cannot resolve, your order may be cancelled and we
may not be able to process future purchases until the problem has been resolved.

10. Cancellation. We reserve the right to cancel, modify, or suspend any order
placed if we determine in our sole discretion that a user has violated these Terms, including by
engaging in any fraudulent or misleading activity (for example, by using false names, multiple
identities, multiple email accounts or email addresses, impersonating another person, or
otherwise providing false or misleading information), or if we believe, in our sole discretion, that
a user’s conduct violates applicable law or is harmful to our interests.

11. Indemnification. You agree that you will be personally responsible for your use
of the Site, and you agree to defend, indemnify, and hold harmless Rainbow Chrysalis
Coaching from and against any and all claims, liabilities, damages, losses, and expenses
(including attorneys’ and accounting fees and costs), arising out of or in any way connected with
(i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any
applicable law or regulation; (iii) your violation of any third party right, including without
limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between you and any third party. Rainbow Chrysalis Coaching
reserves the right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to cooperate with our
defense of such claim.

12. Reliance on Information Posted. The information presented on or through the
Site is made available solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising from any reliance
placed on such information by you or any other visitor to the Site, or by anyone who may be
informed of any of the Site’s contents.

13. Termination. If you violate these Terms, your permission to use the Site will
automatically terminate. In addition, Rainbow Chrysalis Coaching, in its sole discretion, may
suspend or terminate your user account and/or suspend or terminate some or all of your access to
the Site/Services at any time, with or without notice to you. You may terminate your account at
any time by contacting Rainbow Chrysalis Coaching at
bowie@rainbowchrysaliscoaching.com. After your account is terminated, information and
content previously provided by you will no longer be accessible through your account, but
Rainbow Chrysalis Coaching may continue to store such information and content, and it may
also be stored by third parties to whom it has been transferred through your use of the Site.

14. Modification of the Terms. Rainbow Chrysalis Coaching reserves the right at
any time to modify these Terms and to impose new or additional terms or conditions on your use
of the Site. Such modifications and additional terms and conditions will be effective
immediately upon notice and incorporated into these Terms. We will make reasonable efforts to
notify you of any material changes to the Terms, including, but not limited to, by posting a notice
to our website or by sending an email to any address you may have provided to us. Your
continued use of the [Site/Services] following notice will be deemed acceptance of any
modifications to the Terms.

15. Disclaimers of Warranties. The Site is provided “as is” and on an “as available”
basis, without warranty or condition of any kind, either express or implied. Although Rainbow
Chrysalis Coaching seeks to maintain safe, secure, accurate, and well-functioning services, we
cannot guarantee the continuous operation of or access to our Site, and there may at times be
inadvertent technical or factual errors or inaccuracies. Rainbow Chrysalis Coaching
specifically (but without limitation) disclaims (i) any implied warranties of merchantability,
fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties
arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that
may result from your use of or access to the Site. Rainbow Chrysalis Coaching does not
guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the
information, content, recommendations, and materials made available through the Site.

16. Limitation of Liability. In no event will Rainbow Chrysalis Coaching be liable
to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether
based on warranty, contract, tort (including negligence), statute, or any other legal theory,
whether or not Rainbow Chrysalis Coaching has been informed of the possibility of such
damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in
certain circumstances. Accordingly, some of the above limitations may not apply to you. By
accessing this Site and/or providing us with Personal Information and other data, you expressly
and unconditionally release and hold us harmless from any and all liability for any injuries, loss,
or damage of any kind arising from or in connection with the use and/or misuse of such
information.

17. Governing Law. These Terms are governed by the laws of the United States and
the State of California, without regard to conflict of law principles. Subject to Section 18,
which provides that disputes are to be resolved through binding arbitration or small claims court,
to the extent that any lawsuit or court proceeding is permitted hereunder, you and Rainbow
Chrysalis Coaching agree to submit to the exclusive personal jurisdiction of the state courts and
federal courts located within Los Angeles County, California, for the purpose of litigating any
such disputes.

18. Geographic Restrictions. We provide the Site for use only by persons located in
the United States. We make no claims that the Site is accessible or appropriate outside of the
United States. Access to the Site may not be legal by certain persons or in certain countries. If
you access the Site from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.

19. Dispute Resolution by Binding Arbitration. In the interest of resolving
disputes between you and Rainbow Chrysalis Coaching in the most expedient and cost
effective manner, you and Rainbow Chrysalis Coaching agree to resolve disputes through
binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement
to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is
subject to very limited review by courts. Arbitrators can award the same damages and relief that
a court can award. Any arbitration or litigation under these Terms will take place on an
individual basis; class arbitrations and class actions are not permitted. You acknowledge and
agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief)
only in favor of the individual party seeking relief and only to the extent necessary to provide
relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other
users.

20. Modification of the Site. Rainbow Chrysalis Coaching reserves the right to
modify or discontinue, temporarily or permanently, some or all of the Site at any time without
any notice or further obligation to you. You agree that Rainbow Chrysalis Coaching will not
be liable to you or to any third party for any modification, suspension, or discontinuance of any
of the Site.

21. General.

A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the
entire and exclusive understanding and agreement between you and Rainbow
Chrysalis Coaching regarding your use of and access to the Site, and except as
expressly permitted above may only be amended by a written agreement signed
by authorized representatives of the parties.

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B. No Waiver. The failure to require performance of any provision shall not affect
our right to require performance at any time thereafter, nor shall a waiver of any
breach or default of the Terms constitute a waiver of any subsequent breach or
default or a waiver of the provision itself.

 

C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience
only and shall not have any impact on the interpretation of particular provisions.

 

D. Severability. In the event that any part of the Terms is held to be invalid or
unenforceable, the unenforceable part shall be given effect to the greatest extent
possible and the remaining parts will remain in full force and effect.

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22. Notice to California Residents. 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 service or to receive further information regarding use of the service.

Last updated: 7/3/2024