Terms Of Use

Helen Woodward Animal Center Website Terms of Use

Last Modified: August 1, 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Helen Woodward Animal Center (the “Center”, “we” or “us”). The following terms and conditions these “Terms of Use”), govern your access to and use of our websites, including www.animalcenter.org, www.remembermethursday.org, www.home4theholidays.org, www.irememberyou.org (each, a “Website”), and any content, functionality and services offered on or through our Websites.

Please read the Terms of Use carefully before you start to use our Websites. By using our Websites, you accept and agree to be bound and abide 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 our Websites.

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using our Websites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Websites.

1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Websites thereafter.

Your continued use of our Websites following the posting of revised Terms of Use means that you accept and agree to the 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.

2. Accessing our Websites and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on our Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Websites, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to our Websites.
Ensuring that all persons who access our Websites through your internet connection are aware of these Terms of Use and comply with them.

To access our Websites or some of the resources they offer, you may be asked to provide certain information. It is a condition of your use of our Websites that all the information you provide on our Websites is correct, current and complete. You agree that all information you provide to our Website or otherwise, including but not limited to through the use of any interactive features on our Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3. Intellectual Property Rights

Our Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Center, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Websites 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 of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of our Websites or any services or materials available through our Websites.

If you print, copy, modify, download or otherwise use any part of our Websites in breach of the Terms of Use, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Websites or any content on our Websites is transferred to you, and all rights not expressly granted are reserved by the Center. Any use of our Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4. Trademarks

The Helen Woodward Animal Center name, the terms Paddle Paws, Light for Pets, Light 4 Pets, Remember Me Thursday, Recuerdame este Jueves, Pawmicon, Orphaned Objects, Surf Dog Surf-a-Thon, Home 4 the Holidays, The Business of Saving Lives, the phrase “People Helping Animals and Animals Helping People,” the Helen Woodward Animal Center logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Center or its affiliates or licensors. You must not use such marks without the prior written permission of the Center. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

5. Prohibited Uses

You may use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or otherwise.
For the purpose of exploiting, harming, or attempting to exploit or harm any animal in any way.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Center, a Center employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites, or which, as determined by us, may harm the Center or users of our Websites or expose them to liability.

Additionally, you agree not to:

Use our Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Websites, including their ability to engage in real time activities through our Websites.
Use any robot, spider or other automatic device, process or means to access our Websites for any purpose, including monitoring or copying any of the material on our Websites.
Use any manual process to monitor or copy any of the material on our Websites or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of our Websites.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Websites, the server on which our Websites is stored, or any server, computer or database connected to our Websites.
Attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our Websites.

6. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Websites infringes your copyright, you may request removal of those materials (or access to them) from our Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Websites, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Helen Woodward Animal Center

P.O. Box 64

Rancho Santa Fe, CA 92067

Attn: Vice President Operations

[email protected]

(858) 756-4117, ext. 303

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on our Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

7. Reliance on Information Posted

The information presented on or through our Websites 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 materials by you or any other visitor to our Websites, or by anyone who may be informed of any of its contents.

8. Changes to our Websites

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Websites may be out of date at any given time, and we are under no obligation to update such material.

9. Information About You and Your Visits to our Websites

All information we collect on this Website is subject to our Privacy Policy By using our Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. Online Donations

All donations through our Websites or other transactions for the sale of goods available on our Websites are processed by our third-party service providers, which may have their own Terms of Service. Please be sure to see the Terms of Service available on the applicable page for more information.

11. Linking to our Websites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may not:

Establish a link from any website (or page on a website) that is not owned by you.
Cause our Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of our Websites other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

12. Links from our Websites

If our Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to our business partners. We have no control over the contents of those sites or resources and accept 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Geographic Restrictions

The owner of our Websites is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that our Websites or any of its content is accessible or appropriate outside of the United States. Access to our Websites may not be legal by certain persons or in certain countries. If you access our Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CENTER NOR ANY PERSON ASSOCIATED WITH THE CENTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE CENTER NOR ANYONE ASSOCIATED WITH THE CENTER REPRESENTS OR WARRANTS THAT OUR WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE CENTER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation on Liability

IN NO EVENT WILL THE CENTER, 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, OUR WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify and hold harmless the Center, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Websites, including, but not limited to, any use of our Websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Websites.

17. Governing Law and Jurisdiction

All matters relating to our Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Arbitration

At the Center’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or our Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

19. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Waiver and Severability

No waiver by the Center 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 Center to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Helen Woodward Animal Center with respect to our Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Websites.

22. Your Comments and Concerns

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