CONDITIONS OF USE
This document sets forth the specific terms and conditions regarding your use of our Internet sites (“Site” or “Sites”). Your use of this site is your agreement to be bound by our Conditions of Use, Legal Notices, and Privacy Policy (collectively, “Notices and Policies”) as well as other terms and conditions that may appear throughout our Sites.
References to “SPCAI” in this document mean SPCA International, Inc., its affiliates, subsidiaries, divisions, operational designees, and community sites.
SPCAI reserves for itself the right to make changes to this Site and its Notices and Policies at any time. As a result, each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. SPCAI is not responsible for typographical or photographic errors on this Site.
**If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site.**
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPCAI AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, “THIRD PARTIES”), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER SPCAI NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER SPCAI NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. SPCAI AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPCAI OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL SPCAI OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SPCAI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL SPCAI BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00). See Legal Notices for more information.
The Sites are intended for users of all ages.
SPCAI does not have the capability to prohibit minors from visiting our Sites. It must, therefore, rely on parents and legal guardians (who must be at least 18 years of age at time of use) to decide what materials are appropriate for children under 18. SPCAI will not knowingly collect personal information from children without the permission of their parents or legal guardians and will delete such information if it learns it is from children who have not received such permission, but absent intervention by a responsible adult, it has no way of knowing whether the information was provided by an appropriate party or not. Please see our Privacy Policy for more information.
LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
From time-to-time, SPCAI may offer articles, information, and advice through the Sites to those with pets or those who care for pets for educational purposes only. NO information offered through the Sites is intended to diagnose, treat, or cure your pet, and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of a pet within your care, please visit you local veterinarian or animal hospital.
ERRORS ON SITE
Information set forth on the Sites is subject to change without notice. Errors will be corrected as soon as feasible after discovery or confirmation of an error and SPCAI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an transaction has been submitted, whether or not the transaction has been confirmed and/or, if applicable, your credit/debit card has been charged. If your credit/debit card has already been charged for a transaction and your transaction is cancelled, SPCAI will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.
INDEMNITY
You agree to defend, indemnify, reimburse and hold SPCAI and any parent, subsidiary and affiliated entities, and its and their users, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses, including reasonable attorney’s fees, costs and expenses and court costs, arising out of or related to: (1) any claim arising out of your use of the Sites, including your use of the Sites to provide a link to another site or to upload content or other information to the Sites; (2) any breach or alleged breach of any representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and (3) any violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from any use of the Sites, including your use of the Sites to provide a link to another site or to upload content or other information to the Sites, as contemplated hereunder. See also Legal Notices.
GOVERNING LAW, JURISDICTION.
THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF WASHINGTON DC WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION’S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN WASHINGTON DC, AND YOU AND SPCAI BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
TERMINATION OF SITE USE
SPCAI, in its sole discretion, may terminate your membership registration, or similar uses of the Sites at anytime. SPCAI reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. SPCAI may provide notice of termination by regular mail or email.
ADDITIONAL TERMS GOVERNING YOUR USE OF OUR PET COMMUNITY AND SIMILAR INTERACTIVE SERVICES SITES
Eligibility and Registration
By registering with SPCAI and similar service Sites, you agree that you are at least 18 years of age at time of registration; that you are responsible for all activities occurring under your username and for keeping your password secure; and that your use of our Site does not violate our Notices and Policies. Persons under 18 years of age are prohibited from registering without prior permission from their parent or legal guardian. Their registration information shall be removed upon SPCAI’s notification that such permission was not obtained. As part of the registration process, you must click to agree to our Notices and Policies, and will then be asked to select a username and password. You acknowledge that we may refuse to grant you a username that impersonates someone else, is or may be protected by proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
You further agree that our Community and similar service Sites are available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post, and display on our Sites. You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party’s trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy. See our Legal Notices and Privacy Policy for more details.
Opting In
If an opt-in checkbox appears on a form linking to The Site, you will not be contacted by us unless that checkbox is checked, or unless required for verification of the functioning of the system. Otherwise, by your access and use of The Site, you expressly agree and consent to be the recipient of periodic communications related to The Site or for any other reasonable purpose, at our sole discretion. You are not required to affirmatively opt-in, but if you do so you may have access to certain additional special features of The Site. If you receive more communications pursuant to this section than you would like, or would otherwise wish to impede the transmission of any such messages, you may affirmatively opt-out using the “Remove Me” link or by contacting us directly. Anyone who verifies an opt-out request will be precluded from any further use of The Site, unless they affirmatively opt-in from the adjacent “Opt-In” link there.
Upon receipt of an opt-out request we may act on that directly, or else send you a verifying email to confirm that you are the authorized person who controls that email address. Once verified, we will endeavor in good faith to extract and delete your name and email address from any list we maintain or submitted by another user of The Site. We do not warrant that we will be successful in preventing the transmission of any messages to any person after they have opted-out.
Use of Emails
You are hereby advised and put on express notice that any input in the form of individual email addresses, lists of email addresses, or raw text, may be transmitted immediately to the SPCAI for parsing and database storage, whether the form containing those input elements is finally submitted by you or not. In particular we disclose that this is universally the case with respect to files, which you select by a browsing function or as to any list over a certain size, and you agree that we have full authority and your consent to do this. We will endeavor to maintain an opt-out list in reasonable good faith and to use this list together with any other list at our sole discretion to attempt to remove email addresses from those you may so provide to (1) prevent transmission of messages to parties not interested or permitted by us to receive such transmissions, or (2) to prevent the transmission of multiple messages on the same topic or question to any party who we may believe has already received notification of the same. You warrant and represent that any email addresses you input or submit under this section do not contain, to the best of your good faith knowledge, the email addresses of anyone who would object for any reason to the receipt of messages through The Web Site, either one time or on a regular basis, and expressly grant, delegate and extend to us whatever authority or consent you have from them to send emails to any such email address for any purpose.
Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to let us know. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement.
Send us written notice by fax or regular mail. To expedite our process, please use the following format:
Describe the material you believe has been infringed. For example, “The copyrighted work of concern is the item at ___ ” (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information;
Describe the material that you claim is infringing the work you identified in #1 above. Details are important;
Tell us how to contact you (include email address and phone number);
Tell us how to contact the user(s) who posted the material you believe infringes your work (include email address);
State the following: “I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or it’s authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed”;
Be sure to sign your written notice to us;
Mail your written notice to SPCA International, Inc., Attention: Online Customer Relations, SPCA International, P.O. Box 8682 New York, NY 10001; and
If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.
To file a counter notification with us, send us written notice by fax or regular mail. To expedite our process, please use the following format:
Identify the material that SPCAI has removed or disabled. Include the specific Internet address or URL;
Tell us how to contact you. Include your name, address, telephone number, email address. State that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Arizona if your address is outside of the United States), and that you will accept service of process from the person who provided notification to SPCAI of the infringement or an agent of such person;
State the following: “I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge and that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
Be sure to sign your written notice to us; and
Mail your written notice to SPCA International, Inc., Attention: Customer Service at the address set forth in these terms and conditions.
CONTACT US
If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us by:
- Using our Contact Form
- Main Mailing Address: SPCA International, P.O. Box 8682 New York, NY 10116
- E-mail: [email protected]
CHANGES/UPDATES TO NOTICES AND POLICIES
Because our Sites will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Sites for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in transaction to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and SPCAI as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.