Grade F — Predatory terms (score 51/100)
Forces binding arbitration and a class-action waiver while claiming a perpetual irrevocable license to user content, capped at $100 liability, with unilateral termination powers.
Forced arbitration, perpetual content license, and broad termination rights
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION... you and Rain Bird are each waiving the right to a trial by jury or to participate in a class action.
Disputes are resolved by a private arbitrator, not a court. You cannot join other customers in a class action and you waive your right to a jury trial.
you hereby grant Rain Bird a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license... to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content... including, without limitation, for publicity, promotional, advertising</
Anything you post can be used by Rain Bird forever, anywhere in the world, for any purpose including ads and marketing, even after you delete your account.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF RAIN BIRD... EXCEED THE total AMOUNT PAID TO RAIN BIRD FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, or $100.00, WHICHEVER AMOUNT IS LESS.
If Rain Bird harms you, the most you can recover is $100 or what you spent in the last 90 days, whichever is lower.
without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us
Rain Bird can disable your account at any time, for any reason, without warning, and you will not be refunded.
You shall indemnify, hold harmless, and, at Rain Bird's option, defend Rain Bird from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ... resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site
You must pay to defend Rain Bird and cover any losses if a third party sues over your use of the site, including your own legal fees if Rain Bird chooses.
The exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts in Phoenix, Arizona, U.S.A., and each of the parties agrees to personal jurisdiction of such courts
Any lawsuit must be filed in Phoenix, Arizona, no matter where you live.
These Terms may be revised at any time for any reason, and Rain Bird may provide you notice of these changes by any reasonable means, including by providing notice through the Site.
Rain Bird reserves the right to change the rules at any time and only commits to providing notice through the Site itself.
We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe... Where Rain Bird has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Rain Bird may disclose IP addresses, personal…
Rain Bird commits to security safeguards and only discloses data to authorities when presented with valid legal process such as a warrant or subpoena.
Last reviewed 2026-08-11 under rubric v3.5.