Out of the Rain Counseling Solutions, LLC Terms of Use

I.  INTRODUCTION
Welcome to the website of Out of the Rain Counseling Solutions, LLC (referred to herein as the “Company”, “we” or “us”). Please read the following Website Terms and Conditions of Use ("Terms of Use") carefully before using this website. These Terms of Use govern your relationship with the Company regarding your access to, and use of, this website, including any content, functionality, and services offered on or through this website (the “Website”). By accessing and using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

II. CHANGES TO THE TERMS OF USE
You acknowledge and agree that we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to any and all changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

III. GENERAL INFORMATION; NO WARRANTIES
The Website is designed for general information and educational purposes only. THE COMPANY, ITS AFFILIATES, AND ITS SITE CONTRIBUTORS DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION CONTAINED ON THE WEBSITE IS IN EVERY RESPECT ACCURATE, COMPLETE, OR CURRENT. The information provided on the Website is not a substitute for professional advice from a licensed counselor or any other healthcare professional. Your use of the Website is not intended to, and shall not be construed to, create any counselor-client relationship, nor should it be considered a replacement for consultation with a licensed counselor or any other healthcare professional. The information provided on the Website does not provide a diagnosis of any physical or mental condition or a recommendation for a course of treatment. You assume full responsibility for how you choose to use the information available on or accessed through the Website.
THIS WEBSITE AND ALL INFORMATION PROVIDED ON IT ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT OR SERVICES IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS SITE CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER USER OF THE WEBSITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR SITES ACCESSED THROUGH THE WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY AND ACCURATENESS OF THIS WEBSITE, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER AS TO THE CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE OF THE WEBSITE AND/OR ANY HYPERLINKED WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND.

​IV.  INTELLECTUAL PROPERTY
You acknowledge and agree that the Website and its entire contents, features, and functionality, are owned by the Company, its licensors, or other contributors of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No content on this Website may be used in any way without the express prior written permission of the Company, its licensors, or other contributors, as applicable.

V.  PROHIBITED USES
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material or content on this Website. Additionally, you must not: (1) publish any Website material in any media; (2) sell, sublicense, or otherwise commercialize any material on this Website; (3) use this Website in any way that is, or may be, damaging to this Website or impact access to this Website; (4) use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; (5) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; or (6) use this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you and the Company may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

VI.  THIRD-PARTY WEBSITES
The Website may contain links to other third-party websites. You acknowledge and agree that any links to third-party websites are provided for reference and convenience only. The Company has no control over the contents of any third-party websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

VII.  USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, personal web pages, blogs, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Terms of Use.
You acknowledge and agree that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We have the right to: (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (3) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (4) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

VIII. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY MATERIAL OR CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IX. INDEMNIFICATION
You hereby agree to indemnify the Company and any of its affiliates, and any of its successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to your use of the website, or any breach or violation of any term or condition contained in these Terms of Use.

X.  WAIVER
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

XI.  SEVERABILITY
If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

XII.  ASSIGNMENT
The Company may assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required. You shall not be permitted to assign, transfer, or subcontract any of your rights or obligations under these Terms of Use.

XIII.  ENTIRE AGREEMENT
These Terms of Use, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

​XIV.  GOVERNING LAW & JURISDICTION
These Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, and you submit to the exclusive jurisdiction of the state and federal courts located in Oregon for the resolution of any disputes.

Last Updated: This Terms of Use was last updated on Tue December 14, 2021.