AnimalsFirst - Terms Of Use

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The AnimalsFirst.com website, web application, and mobile applications are products of WagBrag, LLC, a registered LLC in the State of Georgia. The AnimalsFirst software and other technologies have been designed, architected and developed by Wagbrag, LLC. For purposes of the following Terms of Service, “AnimalsFirst,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.

AnimalsFirst.com provides its services (described below) to you through its website and mobile applications (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.


Registration

You may be required to register with AnimalsFirst in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself and your organization as prompted by the Services' registration form. Users must register using their true identities, including their name and any image or video purporting to depict the User or Shelter. If you are using the Services on behalf of an animal welfare or rescue organization ("Shelter"), you represent and warrant that you have the authority to bind the Shelter to these Terms, in which case the term “you” shall refer to both you and the AWO. If you do not meet these requirements, you must not access or use the Services.

Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third-party service providers (e.g., payment processors or charitable donation processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy. 


Services

The Services are offered as a platform to users of the Services to enable Shelters to more effectively manage their animal rescue and shelter operations including by not limited to maintianing animal records and infromation, adoptions, donations, animal medical recoreds, events, staff members, fosters, and voluenteers. The service also enables users the ability to view certain pet information for the purpose or adoption and donation to the Shelter, processing of donation (Campaigns) and the recording of adoption applicaitons (Adoptions) and foster applicaitons (Fosters_. AnimalsFirst does not provide approval or disapproval of Adoptions or Fosters. Approval or disapproval of Adoptions or Fosters is at the sole discreation of the Shelter.


Mobile Services

The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding AnimalsFirst and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your AnimalsFirst account information to ensure that your messages are not sent to the person that acquires your old number. 


Membership

Shelter membership is on a month-to-month or year-to- year bases, depending on your preferred enrollment, unless and until you cancel your membership or we terminate it. To establish and continue membership a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") is requreid. AniamlsFirst will bill the monthly or yearly membership fee, as applicable, to the Shelter's Payment Method. Cancelation notices must submitted to AnimalsFirst before it renews each month or year in order to avoid billing of the next period’s membership fees to your Payment Method.


Membership Packages

AnimalsFirst offer a number of membership packages, including the membership packages listed on our Pricing page. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you.


Termination

AnimalsFirst, in its sole discretion, may suspend or terminate a Shelter's account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if AnimalsFirst believes that a user or Shelters has violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of use of Services, may be referred to appropriate law enforcement authorities. Any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that AnimalsFirst may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, AnimalsFirst will not be liable to you or any third party for any termination of your access to the Services.


Cancellation

You may cancel your AnimalsFirst membership at any time, and you will continue to have access to the AnimalsFirst service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. If you cancel your membership, your account will automatically close at the end of your current billing period.


Recurring Billing

By starting your AnimalsFrist membership and providing or designating a Payment Method, you authorize us to charge you a monthly orannual membership fee, as applicable, at the then current rate, and any other charges you may incur in connection with your use of the AnimalsFirst service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due tochanging or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.


Billing Cycle

The membership fee for our service will be billed at the beginningof the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, inparticular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month or year, we may bill your Payment Method on such other day as we deem appropriate. For example, if you started your AnimalsFrist membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorizeyour Payment Method in anticipation of membership or service-related charges.As used in these Terms, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.


User Conduct

You are solely responsible for all Shelter and animal descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by AnimalsFirst. However, this list is not exhaustive and AnimalsFirst reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in AnimalsFirst sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Shelter, freezing or placing a hold on donated funds when AnimalsFirst reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:

  1. establish or contribute to any Shelter with the implicit or express purpose relating to any of the following:
    1. any activity that violates any law or governmental regulation;
    2. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
  2. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of AnimalsFirst, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose AnimalsFirst or its users to any harm or liability of any type; or
  3. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

Accepting Donations

In addition to the Services described above, AnimalsFirst permits users to contribute donations directly to certain charitable organizations or 501(3)(c) registered Shelter ("Charities") through the Platform. Any donation you make to a Charity through the Platform will be subject to a Services fee described below. You understand and acknowledge, however, that AnimalsFirst is not a charity. If you or your charity would like to register to be listed as a charitable organization on the Platform, please contact us at [email protected] and we can help facilitate that process. As used in this Agreement, the term "Shelter" does not refer to a Charity, and you acknowledge that contributions to Shelters are not deductible under your jurisdiction’s applicable tax laws and regulations.

The Services are an administrative platform only. AnimalsFirst facilitates the Donation transaction between Shelters and Donors, but is not a party to any agreement between a Shelter and a Donor, or between any user and a Charity. AnimalFirst.com is not a broker, agent, financial institution, creditor or insurer for any user. AnimalFirst has no control over the conduct of, or any information provided by, a Shelter or a Charity, and AnimalsFirst hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. 

AnimalsFirst does not guarantee that a Shelter or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Shelter, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Shelter, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity. 

We do not and cannot verify the information that Shelter supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Shelter or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Shelter or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Shelter or Charity is not raising or using the funds for their stated purpose, please use the "Contact" form to alert our team of this potential issue and we will investigate.

You, as a Shelter, represent, warrant, and covenant that (i) all information you provide in connection with a animal or Shelter is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Shelter will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize AnimalsFirst.com, and AnimalsFirst reserves the right to, provide information relating to your SHELTER with donors and beneficiaries of your SHELTER, and with law enforcement or to assist in any investigation. 


Taxes

It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. 

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify AnimalsFirst of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. AnimalsFirst will not be liable for any loss or damage arising from your failure to comply with this Section. 


You acknowledge that AnimalsFirst may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on AnimalsFirst’s servers on your behalf. You agree that AnimalsFirst has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that AnimalsFirst reserves the right to terminate accounts that are inactive for an extended period of time, provided that AnimalsFirst will use its commercially reasonable efforts to provide a Shelter with reasonable notice before terminating an inactive account having a positive balance of Donations. You further acknowledge that AnimalsFirst reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law. 


Processing Donations

In order to contribute to a Shelter or to a Charity, a Donor will be required to provide AnimalsFirst information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to AnimalsFirst that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless AnimalsFirst, in its sole discretion, agrees to issue a refund, for example in accordance with the AnimalsFirst Guarantee. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize AnimalsFirst to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Platform. 


Donation Fees

AnimalsFirst retains a flat percentage of each Donation contributed to a Shelter and all charitable contributions made to a Charity (collectively, " AnimalsFirst Fees"). An additional payment processing fee is also deducted from each Donation and is payable directly to our payment partners (the "Payment Processing Fee," and together with the AnimalsFirst Fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Shelter, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms of Service. 

AnimalsFirst Fee = 3%
Payment Processing Fee: 2.9% and $0.30 per transaction (3.5% and .30 for American Express).

Fees are deducted directly from each Donation, and will not be reflected in the amount which a Shelter can withdraw from the Shelter or which is directed to a Charity. We reserve the right to change AnimalsFirst’s Fee pricing from time to time. If AnimalsFirst does change its Fees, AnimalsFirst will provide advance notice of the change on the Platform or in email to you, at AnimalsFirst's option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. All Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable. 


Donation Payment

You, as a Shelter (or, as applicable, the beneficiary designated by the Shelter), will be sent Donations made to your Shelter within 30 days of receiving Donations credited to your Shelter, less Fees and subject to any Holds that we or our payment partners may place on your Shelter account (“Payments”). Donation payments will be paid once the accured amount is creater than $100. Donations Payments will be by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While AnimalsFirst strives to make Payments available to you promptly, you acknowledge and agree that Payments may not be available to you for use immediately, and AnimalsFirst does not guarantee that Payments will be available to you within any specific time frame, and AnimalsFirst expressly disclaims any and all responsibility for any delay or inability to access and use Payments at any specified time, and any consequences arising from such delay or inability.

You, as a Shelter, are responsible for ensuring that the information you provide to AnimalsFirst in order to process a payment, including your bank account information, is accurate and up to date. 


Payment For Use Of The Services

Payment processing services for AnimalsFirst are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an Shelter on AnimalsFirst.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Help Animals enabling payment processing services through Stripe, you agree to provide AnimalsFirst accurate and complete information about you and your business, and you authorize AnimalsFirst to share it and transaction information related to your use of the payment processing services provided by Stripe.


Account Pending or Holds

From time to time, AnimalsFirst may place a hold on a Shelter account (a "Hold"), restricting Withdrawals (defined herein) by a Shelter. Some of the reasons that we may place a Hold on a Shelter Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Shelter is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Shelter (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Shelter or User has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Shelter account, or need information about how to resolve the Hold, please contact us at [email protected]


Content

You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by AnimalsFirst, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by AnimalsFirst from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of AnimalsFirst, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AnimalsFirst. 

The AnimalsFirst name and logos are trademarks and service marks of AnimalsFirst (collectively the " AnimalsFirst Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to AnimalsFirst. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AnimalsFirst Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of AnimalsFirst Trademarks will inure to our exclusive benefit. 


Third-Party Material 

Under no circumstances will AnimalsFirst be liable in any way for any content or materials of any third parties (including users and Campaign Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that AnimalsFirst does not pre-screen content, but that AnimalsFirst and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, AnimalsFirst and its designees will have the right to remove any content that violates these Terms of Service or is deemed by AnimalsFirst, in its sole discretion, to be otherwise objectionable. 


User Content Transmitted Through the Services

With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant AnimalsFirst and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless AnimalsFirst and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of AnimalsFirst in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or AnimalsFirst’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to AnimalsFirst are non-confidential and AnimalsFirst will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You acknowledge and agree that AnimalsFirst may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AnimalsFirst, its users or the public. 


Third-Party Services

The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. AnimalsFirst has no control over such sites, services and resources and AnimalsFirst is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that AnimalsFirst will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that AnimalsFirst is not liable for any loss or claim that you may have against any such third party. 

You may enable or log into the Services via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and AnimalsFirst shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. 

In addition, AnimalsFirst is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, AnimalsFirst is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. AnimalsFirst enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. 


Indemnification

You agree to release, indemnify on demand and hold AnimalsFirst and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine. 


Representations and Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AnimalsFirst AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AnimalsFirst AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLIABLE LAW, NEITHER AnimalsFirst NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF AnimalsFirst HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AnimalsFirst TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AnimalsFirst IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 


User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and AnimalsFirst will have no liability or responsibility with respect thereto. AnimalsFirst reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.


General

These Terms of Service constitute the entire agreement between you and AnimalsFirst and govern your use of the Services, superseding any prior agreements between you and AnimalsFirst with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and AnimalsFirst agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Manhattan County, New York. The failure of AnimalsFirst to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of AnimalsFirst, but AnimalsFirst may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.



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