AGREEMENT TO TERMS
The Site is offered by Animal Haven to you on the express condition that you accept and abide by these Terms. Please read these Terms carefully. Your access and use of the Site is conditioned upon your acceptance and compliance with these Terms. The Animal Haven reserves the right to change, modify, or amend these Terms at any time, and from time to time, including without limitation by posting revised terms on the Site. Such revised terms shall be binding upon you when you access the Site. Your use of the Site constitutes your acceptance of these Terms and any revised terms. You should consult the most recent version of these Terms and any revised terms each time you access the Site. If you are not in agreement with these Terms or any revised terms, please do not access the Site.
A. Animal Haven Site Content: Unless otherwise specifically stated, Animal Haven or its licensors own or are otherwise entitled to use the content on the Site under the copyright and moral right (as applicable). The Site content, includes but is not limited to, information, documents, research materials, photographs, illustrations, text, graphics, logos, slogans, service marks, icons, images, content, sound and video recordings, audio/visual clips and designs (“Materials”). Without the explicit consent of Animal Haven, the Materials may not be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially used or exploited in any way. Any unauthorized use of the Materials may violate copyright, trademark and other laws. We retain all rights not expressly granted. Nothing in these Terms constitutes a waiver of any rights under copyright laws, trademark laws or any other federal, state or local law, regulation, ordinance or treaty, or a waiver of moral rights. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under, or to, any intellectual property, including without limitation, any patent, trademark, service mark or copyright of Animal Haven or any third party. Animal Haven will allow you to view and print the Materials for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that: (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the Materials; (ii) you must state that the Materials came from the Site; (iii) the Materials must be printed in their entirety without modification, reformatting, adaptation or adjustment; and (iv) if you combine the Materials with other materials, you must clearly designate which portion of the complete work is the Materials. No electronic copies are permitted of printed information, documents, or Site pages. If you share the printed Materials with others, you agree to advise any person or entity with whom you share the Materials as to these Terms, and they must agree to abide by these Terms. Failure to abide by these Terms will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and/or other rights owned by Animal Haven, its licensors or other third parties.
B. Links to Other Sites. Animal Haven may provide links to third-party websites, and Animal Haven may permit others to post Animal Haven links on certain third-party websites. Our decision to link to a third-party website is not an endorsement of that third-party website or its content. ANIMAL HAVEN AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, VOLUNTEERS AND/OR AGENTS (THE “ANIMAL HAVEN PARTIES”) ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEBSITE, NOR DO THE ANIMAL HAVEN PARTIES MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEBSITE, AND THE ANIMAL HAVEN PARTIES SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. Further, the terms and privacy policies of these linked third-party websites may differ from those of the Site. You are solely responsible for your decisions regarding your access to, and use of, linked third-party websites. If you choose to click on the links to any third-party website or otherwise engage in any correspondence or business dealings with or purchase products or services from any third-party website, you do so at your own risk. You agree that the Animal Haven Parties are not responsible or liable for any losses or damages of any sort incurred as a result of your use of third-party website links.
C. Disclaimer. In certain instances, Animal Haven permits third parties to provide
opinions and information, and in certain situations, create personal pages for fundraising purposes or other purposes in furtherance of Animal Haven, its mission and stated purposes. Animal Haven may from time to time post articles and other information provided by third parties that might be of interest or benefit to you. You understand, acknowledge and agree that the opinions and information of third parties posted on the Site are not necessarily those of Animal Haven and/or are not endorsed by Animal Haven.
D. General Indemnification. You agree that you will indemnify and hold harmless the Animal Haven Parties from all claims arising out of or related to your access or use of, or your inability to access or use, the Site or other sites to which it is or may be linked. If your downloading from, or use of Materials from, the Site results in the need for servicing, repair of equipment or data, or loss of data, you will assume any and all responsibility, liability and costs thereof.
DISCLAIMER OF WARRANTIES. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THIS SITE CONSTITUTES LEGAL ADVICE, TAX ADVICE, OR ANY OTHER PROFESSIONAL ADVICE.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ANIMAL HAVEN PARTIES DO NOT GUARANTY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF THE ANIMAL HAVEN PARTIES WARRANTS, REPRESENTS OR GUARANTEES THAT THE SITE WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. FURTHER, THE ANIMAL HAVEN PARTIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE IS ASSUMED SOLELY BY YOU.
NONE OF THE ANIMAL HAVEN PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY OF THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE ANIMAL HAVEN PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE ANIMAL HAVEN PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THIS SITE.
IN NO EVENT SHALL ANY OF THE ANIMAL HAVEN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT ON THE SITE, USE OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ANIMAL HAVEN PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.
Registration Data; Account Security
In consideration of your use of the Site, if you create any account on the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Animal Haven, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Animal Haven.
User Content and Interactive Areas
The Site may include discussion forums, user generated content or other interactive areas or services (“Interactive Areas”), including message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; by posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) promotions, advertising or solicitations;
(f) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card information;
(g) viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of Animal Haven is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Animal Haven or its users to any harm or liability of any type.
Animal Haven takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Animal Haven liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Animal Haven is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Animal Haven has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Animal Haven reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You retain all rights in User Content (other than Feedback) you post to the Site. Unless we indicate otherwise, you grant Animal Haven a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the Site and any related Services. You grant Animal Haven the right to use the name that you submit in connection with such content, if it chooses. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Acceptable Use Policy for the Site
A. General Parameters. You will not, and will not allow or authorize others to, use the Site to take any actions that: (i) infringe on Animal Haven’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal Haven or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Site or interfere with the Site or any servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or attempt to breach the security of or disrupt Internet communications on the Site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, any of the Animal Haven Parties, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; (xi) collect or store personal data about other Animal Haven Site users or attempt to gain access to other Animal Haven Site user’s information, or otherwise mine information about Animal Site users or the Site; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Site; or (xiv) are contrary to the Animal Haven’s public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Haven’s stated purposes.
B. Technical Parameters. In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Animal Haven or its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Animal Haven or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Site (or any part or portion thereof).
IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF SITE ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Terms and Termination
A. Term of These Terms. These Terms are effective from the date that you first access the Site and continue in effect until terminated in accordance with these Terms.
B. Termination by Animal Haven. The Animal Haven may terminate your access to the Site at any time for any reason. Cause for such termination may include, but not be limited to: (i) breaches or violations of these Terms or any provision of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated); (iv) discontinuance or material modification to the Site (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Site; (viii) discontinuance of the Site as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Site; and/or (xi) any other reason reasonably considered by Animal Haven to be in its best interest.
C. No Notice Required. You agree that any termination of your access to the Site may be effectuated without prior notice and you acknowledge and agree that Animal Haven may immediately deactivate or delete all of your information, files or content and/or bar any access to such information or content by you or others. Animal Haven shall not be obligated to return or provide copies of any information, files or content to you upon deactivation.
D. Surviving Terms. Upon termination, Animal Haven will have no further obligation or responsibility to you with respect to the Site, and you will have no further obligation or responsibility to Animal Haven with respect to the Site; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Site.
Deactivation of the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that Animal Haven shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Animal Haven to maintain and support the Site, or any part or portion thereof, during the term of these Terms.
Children’s Online Privacy Protection Rule
The Animal Haven does not knowingly solicit data from, or knowingly market, to children under the age of 13 and does not request or solicit personally identifiable information from said children. Should the Animal Haven receive actual knowledge that it has collected such information, Animal Haven will delete that information as quickly as reasonably practical.
Dispute Resolution/Choice of Law
To the fullest extent permitted by law, by your access to the Site, you agree that: (i) any claim, dispute or cause of action regarding the Site or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of Connecticut (the “Connecticut courts”), and, such claim/dispute/cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of the Connecticut courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out-of-pocket costs involved in specifically accessing the Site (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys’ fees for bringing such claim/dispute/cause of action; and (iv) the court shall apply the law of the State of Connecticut in adjudicating any such claim/dispute/cause of action, except for any choice of law/conflict of law rules of the State of Connecticut that would result in the application of the law of any jurisdiction other than the State of Connecticut. Any cause of action you may have with respect to the Site or this Agreement must be commenced within one (1) year after the claim arose or cause of action arose, or be barred.
You agree that if any of the provisions of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies.
A. Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.
B. Failure to Enforce/Non-Waiver. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.
C. Headings. Headings are for convenience of reference only and shall not determine in whole or in part the intention or interpretation of any provision.
These Terms constitute the entire agreement between you and Animal Haven with respect to the Site and supersede any and all existing agreements and other oral, written or other communications between the parties concerning the subject matter of these Terms.
The Animal Haven, Inc.
89 Mill Road
North Haven, CT 06473