The Santa Cruz SPCA’s Terms Of Service
Last Updated: January 1st, 2017
Welcome, and thank you for your interest in the Santa Cruz SPCA (“SCSPCA,” “we,” or “us”) and our website at www.spcasc.org. These Terms of Service are a legally binding contract between you and the SCSPCA regarding your use of this site.
1. About Us: The SCSPCA is an independent, privately funded 501(c)(3) non-profit organization that provides safe harbor for animals in need and promotes an active humane community through adoption, advocacy, and education. Our site contains information regarding pets available for adoption, giving opportunities, volunteer and educational programs, event information, community programs, behavior, training, and other pet-related resources. Through the site, you may access certain services we may offer from time to time, such as signing up for such programs, donating to our organization, and signing up to receive emails from us.
2. Eligibility: You must be at least 16 years of age to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the site; and (c) your registration and your use of the site is in compliance with all applicable laws and regulations. If you are using the 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 site, you must register using personal information. For example, you must register your information when you make donations, sign up for educational programs, or sign up to become a volunteer and attend an orientation. When you register, 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.
4. Donations: You may donate to the SCSPCA by using the “Donate” link on the site. ALL DONATIONS ARE FINAL AND NONREFUNDABLE UNLESS THE SCSPCA DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE.
4.2 Recurring Donations: If you set up recurring donations, you authorize us to continue to charge your credit card or PayPal account on a monthly basis. YOU MAY PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS BY CONTACTING US AT INFO@SPCASC.ORG. UPON YOUR PROVIDING NOTICE TO THE SCSPCA TO TERMINATE RECURRING DONATIONS, THE SCSPCA WILL USE REASONABLE EFFORTS TO UPDATE YOUR DONATION PREFERENCES PROMPTLY. IF YOU PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS LESS THAN 10 DAYS PRIOR TO A SCHEDULED MONTHLY CHARGE, WE MAY NOT BE ABLE TO CANCEL THE MONTHLY CHARGE UNTIL THE NEXT MONTHLY CYCLE.
4.3 Telephone Calls: You consent to receive calls from us and our service providers, on our behalf, at any telephone number that you have provided to us or that we have otherwise obtained to (i) notify you regarding your account; (ii) contact you about previous or future donations; (iii) resolve a dispute; or (iv) otherwise provide our services or enforce these Terms. You are not required to provide your consent to these calls as a condition of purchase on the Site. Standard telephone minute charges may apply. We may, without further notice or warning and in our discretion, monitor or record telephone conversations we or our service providers have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.
5. Digital Millennium Copyright Act: We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the site, you may contact us at email@example.com. Any notice alleging that materials hosted by or distributed through the site infringe intellectual property rights must include: a detailed description of the claim of infringement, location of the allegedly infringing content, the basis for the claim of infringement, and your contact information.
6. Prohibited Conduct: BY USING THE SITE YOU AGREE NOT TO:
- use the site for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the 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 site except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the site or any user’s enjoyment of the 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 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 site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
7. Third Party Services and Linked Websites: The SCSPCA may provide tools through the Sites that enable you to export information, to third party services, including through features that allow you to link information from the site with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). The SCSPCA may also contract with third party service providers to provide or support certain aspects of the site, including storing and managing your personal information when you make a donation, register as a volunteer or foster, or sign up to receive e-marketing. 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 Sites may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
8.2 Additional Terms: Your use of the site is subject to all additional terms, policies, rules, or guidelines applicable to the site or certain features of the site that we may post on or link to from the 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 site. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
9. 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. 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.
10. Ownership; Proprietary Rights: The site is owned and operated by the SCSPCA. 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 Sites (“Materials”) provided by the SCSPCA are protected by intellectual property and other laws. All Materials included in the site are the property of the SCSPCA or our third party licensors. Except as expressly authorized by the SCSPCA, you may not make use of the Materials. The SCSPCA 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 the SCSPCA’s trademarks, trade names, or service marks (“SCSPCA Marks”), all of which are retained exclusively by the SCSPCA, including all intellectual property rights therein and goodwill with respect thereto.
11. No Implied Endorsements.In no event shall any reference in this site to any third party or third party product or service be construed as an approval or endorsement by the SCSPCA of that third party or of any product or service provided by a third party. Likewise, a link to any non-SCSPCA website does not imply that we endorse or accept any responsibility for the content or use of such a website.
12. Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the site (“Feedback”), then you hereby grant the SCSPCA 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 site and create other products and services.
13. Indemnity: You are responsible for your use of the site, and you will defend and indemnify the SCSPCA and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “SCSPCA 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 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.
14. Disclaimers; No Warranties
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SCSPCA 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 SCSPCA 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 SCSPCA 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 SCSPCA 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 SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE 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.
15. Limitation of Liability
IN NO EVENT WILL THE SCSPCA 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 SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SCSPCA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE SCSPCA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE 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 THE SCSPCA UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE SCSPCA. 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.
16. 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 the SCSPCA agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Cruz County, California for the purpose of litigating any dispute. We operate the site from our offices in California, and we make no representation that Materials included in the site are appropriate or available for use in other locations.
18. Generally: Any dispute between you and the SCSPCA 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 Santa Cruz, 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 the SCSPCA.
19. No Class Actions: YOU AND THE SCSPCA 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 the SCSPCA 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.
20. Enforceability: If Section 19 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 the SCSPCA agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.
23. Contact Information: The site is offered by the Santa Cruz SPCA located at 2685 Chanticleer Avenue in Santa Cruz, CA 95065. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.