Animal Shelter Visitor Agreement
AnimalShelter.org
Online
This
website is provided to you by animalshelter.org
and Chris Mitchell("we" or "us"). Please take a
moment to read this Visitor Agreement. By using
this website, you accept this Visitor Agreement.
Our sites are always evolving; please be aware that
we may change this Visitor Agreement from time to
time. By continuing to use this site after we post
any such changes, you accept this Visitor Agreement,
as modified.
Our Visitor Agreement
addresses the following topics:
1.
Using Good Judgment
Our Visitor
Agreement is intended to make our sites safe and
fun for everybody. We invite you to bring to our
attention any content on our sites you believe to
be inaccurate, inappropriate or in violation of
these rules. Please write to us at onlineeditor
at animalshelter.org.
Use common sense
when you use our and anybody else's websites. The content that
appears on our sites is for informational purposes only. Despite
our efforts to provide useful and accurate information, errors
may appear from time to time. Some of the content you find on
our sites was not created, edited, or posted by us (for example,
discussion group postings). The materials posted by third parties
on our sites represent the views of such third parties and are
not endorsed by us, nor do we guarantee the accuracy of any
posting. Though we hope the advertisers, merchants and users
you meet through our sites treat you honorably and fairly, we
can't vouch for the information, goods, or services they offer.
Before you act on information you've found on or through any
of our sites, confirm any facts that are important to your decision.
We encourage you to exercise a healthy skepticism and good judgment.
2.
Rules for Registration, Submissions and Messages
Registration.
To obtain access to certain Animal Shelter services,
you will be given an opportunity to register with
our site. As part of the registration process, you
will select a password. You agree that the information
you supply during that registration process will
be accurate and complete and that you will not register
under the name of, nor attempt to enter any of our
sites under the name of, another person. You will
be responsible for preserving the confidentiality
of your password and for all actions of persons
accessing any of our sites through any password
assigned to you. You will notify us at onlineeditor
at animalshelter.org of any known or suspected unauthorized
use of your account.
Submissions and
Messages. Responsibility for what is posted in the discussion
groups or other public forums on our sites lies with each user--you
alone are responsible for the content of your messages, and
the consequences of any such messages. You agree not to use
our sites to send or submit materials:
a. that are false,
inaccurate or misleading;
b. that infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy;
c. that violate any law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination
and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data
or personal information;
g. that might create liability for us or might cause us
to lose (in whole or in part) the services of our Internet
service providers or other suppliers;
h. that interfere with the ability of others to enjoy our
site;
i. that impersonate any other person or entity,
whether actual or fictitious, including impersonating
an employee or consultant of AnimalShelter.org
j. that link to or include descriptions of goods or services
that: (i) are prohibited under this Agreement; or (ii) you
do not have a right to link to or include;
k. that contain any content that you do not have the right
to make available under any law or any contractual or fiduciary
relationship (such as inside information and confidential
information learned under a non-disclosure agreement); or
l. that instigate or encourage others to commit illegal
activities or cause injury or property damage to any
person.
That said, we are
most often a passive conduit for the information users submit.
We cannot and do not review every submission a user may make.
We neither endorse nor guarantee the accuracy or propriety of
any submission. We do, however, reserve the right, but do not
assume the obligation, to restrict or prohibit your use of our
sites if we believe you are violating any of the terms of this
Visitor Agreement and to remove, edit, or relocate any submission
as we see fit, whether for legal or other reasons.
We want users to
feel free to share their email addresses in public posting areas.
Accordingly, you may not use any other user's information, personal
or otherwise, for any commercial purpose, to send chain letters,
junk mail, "spam," or other bulk communications or for developing
lists. Any such use by you will be a violation of this Visitor
Agreement. Your use of the sites is limited to personal, non-commercial
purposes. Your commercial exploitation of the sites is strictly
prohibited, unless we grant prior written permission.
3.
Rights
You acknowledge that:
1. We permit
access to content that is protected by copyrights, trademarks
and other intellectual and proprietary rights ("Rights")
and;
2. This Visitor Agreement and applicable copyright, trademark
and other laws govern your use of such content.
Our
Limited License to You. You are free to display
and print for your personal, non-commercial use
information you receive through our sites. You may
not reproduce, distribute, or otherwise use any
of the materials without the prior written consent
of the Rights holder. Requests for permission to
reproduce, distribute or otherwise use materials
found on our sites should be made to eReprints at
animalshelter.org. The burden of determining whether
any content on our sites is or is not protected
by Rights rests with you.
Links. You
are free to encourage others to access the information on our
sites. We welcome links to our sites. You are free to establish
a hypertext link to any of our sites so long as the link does
not state or imply any sponsorship or endorsement of your site
by us or make use of a logo without written consent of the logo
owner.
No Framing. Without
our prior written consent, you may not frame, or in-line link
to, any of the content of our sites, or incorporate into any
other website or service any of our intellectual property.
Marks.
We do not want anyone to be confused about which
materials and services are provided by us and which
are not. You may not use any mark appearing on our
sites without the prior written consent of the owner
of the mark. Animalshelter.org and all associated
logos are marks owned by AnimalShelter.org.
Your License to
Us. By submitting material to or through our sites, you
grant us and our partners, agents, affiliates and service providers
(collectively, "Affiliates"), the non-exclusive right to reproduce,
modify and distribute such material as we see fit for any purpose
in any form, media, or technology now known or later developed.
You agree that we and our Affiliates may identify you as the
author of any of your postings by name, email address or screen
name as we see appropriate. You also permit any other user to
access, display, and print such content for personal use. By
submitting material to us, you are representing that such material
does not violate or infringe any rights of any third party,
including, but not limited to, copyright, trademark and other
proprietary rights. If any third-party content is included in
any materials that you submit, you must obtain permission from
the content owner and attribute such content to the owner.
Notice
of Copyright Infringement. If you are an owner
of intellectual property who believes your intellectual
property has been improperly posted or distributed
via this site, please notify us by sending an email
to dmcanotice at animalshelter.org or by sending
a notice by U.S. Mail to: Chris Mitchell at Animal
Shelter, 941 Hugo Cir Deltona, FL 32738. Please
note that we may access and disclose your personally
identifiable information in order to address any
infringement claim.
Indemnity. You
agree to hold us and our affiliates, agents and licensors harmless
from any claim that may arise from your use of any of our sites.
4.
Third Party Services
As a convenience
to you, we may provide links to third-party websites. Those
websites and the parties that control them are beyond our control.
We make no representations as to the content, quality, suitability,
functionality or legality of any sites to which we may provide
links, and you hereby waive any claim you might have against
us with respect to such sites and their operators. You may order
services or merchandise through links on our sites from persons
not affiliated with us. All matters concerning such merchandise
or services, including, but not limited to, purchase terms,
payment terms, warranties, guarantees, maintenance and delivery,
are solely between you and the merchants with whom you chose
to do business. We make no warranties or representations whatsoever
with regard to any goods or services provided by those merchants.
You will not consider us - nor will we be deemed - a party to
such transactions, whether or not we may have received some
form of remuneration in connection with the transaction. We
will not be liable for any costs or damages arising out of any
transaction (whether directly or indirectly) between you and
any other person or entity.
5.
Disclaimer of Warranties
YOU AGREE
THAT USE OF THE SITES IS AT YOUR SOLE RISK. OUR
SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ANIMALSHELTER.ORG, ITS AFFILIATES, AGENTS
AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION,
MATERIALS AND SERVICES AVAILABLE THROUGH OUR SITES.
WE DO NOT GUARANTEE OUR SITES TO BE ERROR-FREE,
SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
YOU ALSO AGREE THAT
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR
SITES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL
AND/OR DATA.
OUR SITES
ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER
ANIMALSHELTER.ORG, CHRIS MITCHELL NOR ITS USERS,
WHILE SUCH USERS ARE PARTICIPATING IN THE SITES,
ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING
OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES
ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
ANIMALSHELTER.ORG,
ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED
ON, OR OBTAINED THROUGH OUR SITES, OTHER THAN THOSE
EXPRESS WARRANTIES ANIMALSHELTER.ORG ITSELF SPECIFICALLY
MAKES ON ANY NOTARIZED ANIMALSHELTER.ORG LETTERHEAD.
6.
Limitation of Liability
UNDER NO CIRCUMSTANCES
WILL ANIMALSHELTER.ORG OR ITS AFFILIATES, AGENTS
OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY DAMAGES ARISING OUT OF YOUR USE OF ANY OF OUR
SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY
FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT
THE LIABILITY OF ANIMALSHELTER.ORG, ITS AFFILIATES,
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY
KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY
OF OUR SITES WILL NOT EXCEED THE AMOUNT YOU PAID
TO US TO USE THE SITES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES
OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, THE LIABILITY OF ANIMALSHELTER.ORG,
ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
This site is a directory of homeless pets and pet adoption organizations. No information is guaranteed. Although the information is updated frequently, it is always best to contact the facility or organization that lists the pet to insure it is still available and to insure the information listed is accurate. It is crucial that any pet found through an adoption service be thoroughly examined by a veterinarian immediately upon adoption. Any pets found, adopted through, or listed are the sole responsiblity of the adoption organizations and/or the adopting party. AnimalShelter accepts no responsiblity for any liability or for any injury or damages to any person or property caused by any listed animal, as well as any cause of action, claims, suits or demands whatsoever that may arise as a result of such injury or damage.
7.
Discontinuance, Modification & Restrictions
We may discontinue,
change, suspend, or restrict access to any of our sites or any
portion of our sites at any time without liability to you or
any third party.
8.
Applicable Law & Exclusive Jurisdiction
This
site is controlled and operated by AnimalShelter.org
from the state of Florida in the United States of
America. Those who choose to access our site from
other locations do so on their own initiative and
are responsible for compliance with applicable local
laws. This Visitor Agreement constitutes an agreement
made in, and to be construed in accordance with
the laws of, the State of Florida without regard
to its conflict of law provisions. By using this
site, you consent to the exclusive jurisdiction
of the state and federal courts in Volusia County,
Florida, in all disputes arising out of or relating
to this agreement or any of our sites.
9.
Dispute Resolution
You agree not
take any legal action against us that relates to
or arises out of any of our websites without first
(a) sending us, via registered mail or national
overnight courier service, a detailed written description
of the facts and law out of which your claim arises;
and (b) negotiating with us, in good faith, for
not less 30 days, toward resolution of the dispute.
All correspondence concerning such dispute must
be sent to dispute at animalshelter.org, or such
other designee as ANIMALSHELTER.ORG may identify
from time to time.
10.
Miscellaneous
In the event that
any provision of this Visitor Agreement conflicts with the law
under which this Visitor Agreement is to be construed or if
any provision is held invalid by a court with jurisdiction over
the parties to the Visitor Agreement, such provision will be
restated to reflect as nearly as possible the original intentions
of the parties in accordance with applicable law, and the remainder
of this Visitor Agreement will remain in full force and effect.
If either party fails to insist upon or enforce strict performance
by the other party of any provision of the Visitor Agreement,
or to exercise any right under the Visitor Agreement, such a
failure will not be construed as a waiver or relinquishment
to any extent of such party's right to assert or rely upon any
such provision or right in that or any other instance.
This Visitor Agreement
constitutes the entire understanding between the parties as
to the subject matter hereof, and supersedes all prior agreements
and understandings relating to such subject matter.
Copyright
Contents
on this site are copyright 2005 by AnimalShelter.org
or its affiliates or licensors. Unauthorized distribution
or reproduction is forbidden. If you have questions
or wish to obtain more information from or about
AnimalShelter.org, please visit http://www.animalshelter.org