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Mutual Rescue™ Terms Of Service

Last Updated: February 21, 2017

Welcome, and thank you for your interest in Mutual Rescue. This Mutual Rescue website located at www.MutualRescue.org (the “MR Site”) is provided by Humane Society Silicon Valley (“HSSV,” “we,” or “us”). These Terms of Service (“Terms”) are a legally binding contract between you and HSSV regarding your use of the MR Site.

PLEASE READ THE FOLLOWING TERMS AND HSSV PRIVACY POLICY CAREFULLY BECAUSE THEY GOVERN YOUR USE OF THE SITE AND ANY SERVICES PROVIDED BY HSSV THEREIN. BY CLICKING “I ACCEPT,” OR BY USING THE MR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE HSSV PRIVACY POLICY. If you are not eligible, or do not agree to the Terms and HSSV Privacy Policy, then you do not have our permission to use the MR Site. For clarity, the HSSV Terms of Service does not apply to use of the MR Site. Notwithstanding the terms of the HSSV Privacy Policy, the incorporation of the HSSV Terms of Service into the HSSV Privacy Policy will not be construed to impact this agreement.

1. About Mutual Rescue.

Through the MR Site, visitors are able to find information about the Mutual Rescue initiative and, among other activities, submit and share their own stories of Mutual Rescue (each a “Story”). The MR Site also enables people to donate [to Mutual Rescue] to specifically support the initiative and related opportunities which includes support for other local animal shelters and rescue groups across the country. For more information on Mutual Rescue you can visit our FAQs located at www.MutualRescue.org/about/faq. HSSV is an independent, privately funded 501(c)(3) non-profit organization that has been connecting people and pets in the Silicon Valley community for over 85 years. For more information on HSSV you can visit HSSV’s main website located at http://www.hssv.org.

2. Eligibility.

You must be at least 13 years of age to use the MR Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the MR Site; and (c) your registration and your use of the MR Site is in compliance with all applicable laws and regulations. If you are using the MR Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

3. Accounts and Registration.

To access certain features of the MR Site, you may be required to register and create an account. For example, registration may be required when you make donations or wish to sign up via the MR Site to participate in a Mutual Rescue related event. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and the password you set, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].

4. Donations.

You may donate to specifically support the Mutual Rescue initiative by using the “Donate” link on the MR Site. ALL DONATIONS VIA THE MR SITE ARE FINAL AND NONREFUNDABLE UNLESS HSSV DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE.  Funds raised will be used to support local animal rescue in shelters and rescue groups across the country.

4.1 Use of Third Party Donation Processors.

Please note that when making a donation via the MR Site, you exit the MR Site and enter the site of a third party donation processor, such as iATS, PayPal, Network for Good or a like provider. All donation payment transactions are handled directly by such third party donation processor, and not by HSSV. Such third party donation processor may have independent terms of service and privacy policy which you will be subject to when making a donation using such third party donation processor’s service, and we encourage you to review all such terms prior to making any donation. If you use iATS, you will be subject to iATS’s terms of use and privacy policy when making a donation using iATS’s service. Similarly, if you use Network for Good its terms of use and privacy policy will apply to your use of their services. If you use PayPal, you will be subject to PayPal’s terms of service and privacy policy when making a donation using PayPal’s service.

5. User Content

5.1 User Content Generally.

Certain features of the MR Site may permit users to upload content to the MR Site or you may otherwise choose to provide HSSV content regarding or related to a story of Mutual Rescue. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials; and (ii) “User Content” means any Content that users (including you) provide to HSSV via the MR Site or that is provided to HSSV by the user or on the user’s behalf through other means, including the user’s name, photo and likeness to the extent embodied within any such Content. User Content also includes any stories of Mutual Rescue you may choose to submit to HSSV via the MR Site and any other content embodying or illustrating such a narrative.

HSSV does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, HSSV and its licensors exclusively own all right, title and interest in and to the MR Site and their Content, including all associated intellectual property rights. You acknowledge that the MR Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MR Site or Content.

5.2 Limited License Grant to HSSV.

By posting or publishing User Content via the MR Site or otherwise providing such User Content to HSSV, you grant HSSV a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up right and license (with the right to sublicense) to host, store, transfer, transmit, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in whole or in part, for any purposes, including on and through third-party distribution channels selected by, but not affiliated with, HSSV, for both commercial and non-commercial purposes, without further notice or permission. For example, your User Content may be used as part of our Mutual Rescue marketing programs via the MR Site, newsletters or our social networking websites. You agree that neither HSSV nor any third party distribution channels have any obligation to provide any compensation to you for your User Content or the licenses granted herein.

5.3 User Content Representations and Warranties.

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting, publishing or providing HSSV with User Content, you affirm, represent, and warrant that:

a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize HSSV to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by HSSV, the MR Site, and these Terms; and

b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause HSSV to violate any law or regulation.

5.4 User Content Disclaimer.

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. HSSV may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the MR Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HSSV with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, HSSV does not permit copyright-infringing activities on the MR Site.

6. DMCA/Copyright Policy

HSSV respects copyright law and expects its users to do the same. It is HSSV’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HSSV Copyright Policy for further information.

7. Prohibited Conduct.

BY USING THE SITES YOU AGREE NOT TO:

7.1 use the MR Site for any illegal purpose or in violation of any local, state, national, or international law;

7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

7.4 post, upload, or distribute any User Content or other content that depicts violence against pets adopted from HSSV or violence against or mistreatment of people or animals;

7.5 interfere with security-related features of the MR Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the MR Site except to the extent that the activity is expressly permitted by applicable law;

7.6 interfere with the operation of the MR Site or any user’s enjoyment of the MR Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the MR Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the MR Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;

7.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other MR Site account without permission, or falsifying your age or date of birth;

7.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or

7.9 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.

8. Third Party Services and Linked Websites.

HSSV may provide tools through the MR Site that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on HSSV with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). HSSV may also contract with third party service providers to provide or support certain aspects of the MR Site, including storing and managing your personal information when you make a donation, set up a fundraising event, or register for a HSSV event, such as through the Convio, Blackbaud, or Network for Good platforms. By using one of these tools, you agree that we may transfer that information to the applicable third party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The MR Site may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.

9. Termination of Use; Discontinuation and Modification of the MR Site.

You may terminate your account at any time by contacting use at [email protected]. If you violate any provision of these Terms, your permission from us to use the MR Site will terminate automatically. In addition, HSSV may in its sole discretion terminate your user account on the MR Site or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the MR Site at any time (including by limiting or discontinuing certain features of the MR Site), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the MR Site or any suspension or termination of your access

10. Privacy Policy; Additional Terms

10.1 Privacy Policy. Please read the HSSV Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

10.2 Additional Terms. Your use of the MR Site is subject to all additional terms, policies, rules, or guidelines applicable to the MR Site or certain features of the MR Site that we may post on or link to from the MR Site (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the MR Site, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

11. Modification of these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the MR Site. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

12. Ownership; Proprietary Rights.

The MR Site are owned and operated by HSSV. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the MR Site (“Materials”) provided by HSSV are protected by intellectual property and other laws. All Materials included in the MR Site are the property of HSSV or our third party licensors. Except as expressly authorized by HSSV, you may not make use of the Materials. HSSV reserves all rights to the Materials not granted expressly in these Terms. Nothing contained in these Terms shall grant or shall be deemed to grant to you any right, title or interest in or to HSSV’s trademarks, trade names, or service marks (“HSSV Marks”), all of which are retained exclusively by HSSV, including all intellectual property rights therein and goodwill with respect thereto.

13. No Implied Endorsements.

In no event shall any reference in these MR Site to any third party or third party product or service be construed as an approval or endorsement by HSSV of that third party or of any product or service provided by a third party. Likewise, a link to any non-HSSV website does not imply that we endorse or accept any responsibility for the content or use of such a website.

14. Feedback.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the MR Site (“Feedback”), then you hereby grant HSSV 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 MR Site and create other products and services.

15. Indemnity.

You are responsible for your use of the MR Site, and you will defend and indemnify HSSV and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “HSSV Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the MR 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 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 that claim.

16. Disclaimers; No Warranties

THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HSSV ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HSSV ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE HSSV ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE CONTENT ON THE SITES IS PROVIDED FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE LEGAL OR TAX ADVICE FROM THE HSSV ENTITIES. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALING WITH ANY OTHER SITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

17. Limitation of Liability

IN NO EVENT WILL THE HSSV ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, 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 SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HSSV ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE HSSV ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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 YOU AND HSSV UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HSSV. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Governing Law.

These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and HSSV agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the MR Site from our offices in California, and we make no representation that Materials included in the MR Site are appropriate or available for use in other locations.

19. Dispute Resolution and Arbitration.

With respect to any and all disputes arising out of or in connection with these MR Site or these Terms (including without limitation our Privacy Policy), HSSV 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. You agree that HSSV is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms.

19.1 Generally. Any dispute between you and HSSV with respect to these Terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through 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, by calling the AAA at 1-800-778-7879, or by contacting HSSV.

19.2 No Class Actions. YOU AND HSSV 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 HSSV 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.

19.3 Enforceability. If Section 19.2 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, you and HSSV agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.

20. General.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HSSV regarding your use of the MR Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, and 4 through 21, along with the Privacy Policy and any other accompanying agreements, will survive.

21. Consent to Electronic Communications.

By using the MR Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

22. Contact Information.

The MR Site is offered by Humane Society Silicon Valley, located at 901 Ames Ave. Milpitas, CA 95035. You may contact us by sending correspondence to that address or by emailing us [email protected]

 

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