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Last Updated Date: November 22nd, 2022
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND RESCUE SPOT, INC. ("RESCUE SPOT," "COMPANY," "WE," OR "US").
BY ACCESSING OR USING THE RESCUE SPOT WEBSITE, AVAILABLE AT HTTPS://WWW.RESCUE-SPOT.COM ("WEBSITE") IN ANY WAY, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, INCLUDING USING THE SERVICES OR RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), DOWNLOADING, INSTALLING OR USING RESCUE SPOT'S MOBILE APPLICATION (THE "APPLICATION") AND/OR CLICKING ON A BUTTON OR TAKING ANY OTHER ACTION TO SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT, YOU, AS AN ADOPTER, A FOSTER OR A RESCUE (AS DEFINED IN SECTION 1 BELOW), REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH RESCUE SPOT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE AGREEMENT. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 19 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Agreement and any applicable Supplemental Terms are referred to herein as the "Agreement."
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY RESCUE SPOT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Rescue Spot will make a new copy of the Agreement available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the "Last Updated" date at the top of the Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Registered Users, provided that any material changes shall be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below). Rescue Spot may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Rescue Spot provides a platform that streamlines the pet adoption process by offering certain services, including (a) enabling communications between animal rescues and shelters ("Rescues"), potential foster volunteers ("Fosters") and potential pet adopters ("Adopters"), (b) publishing listings of animals available for adoption as uploaded by Rescues ("Listings"), and (c) facilitating the application process for Rescues, Fosters and Adopters. As a platform, we do not manage the animals featured by Rescues on the Website, nor do we personally provide or deliver any of the animals in the Listings, so the actual contract for adoption is directly between the Rescues seeking to place animals for adoption and Adopters seeking to adopt pets or Fosters seeking to foster pets. Rescues alone are responsible for their Listings. While we may, in our sole discretion, help facilitate the resolution of disputes through various programs, Rescue Spot has no control over and does not guarantee the existence, health, condition or legality of animals offered on the Services; the truth or accuracy of Rescues' content or Listings; the ability of Rescues to place the animals; the ability of Adopters and Fosters to pay the applicable adoption fees; the Adopters' qualifications as an Adopter; the Fosters' qualifications as a Foster or that a Rescue, Foster and Adopter will actually complete a transaction or keep the adopted pet. Certain features described in these Terms may not be available to all users at all times, and Rescue Spot may add, remove, or modify features from time to time in its sole discretion.
Rescue Spot does not take part in the interaction between Users. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any ratings provided by Users, animals placed for adoption, or of the integrity, responsibility, or any actions of any Users. Rescue Spot makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions. Although Rescue Spot may provide background checks, we cannot confirm that each User is who they claim to be. Rescue Spot does not assume any responsibility for the accuracy or reliability of this information, or any information provided through the Services.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER RESCUE SPOT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. RESCUE SPOT AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE RESCUE SPOT PROPERTIES.
The Application, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a "Rescue Spot Property" and collectively, the "Rescue Spot Properties") are protected by copyright laws throughout the world.
Subject to your compliance with the Agreement, Rescue Spot grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
You understand that Rescue Spot Properties are evolving. As a result, Rescue Spot may require you to accept updates to Rescue Spot Properties that you have installed on your computer or mobile device. You acknowledge and agree that Rescue Spot may update Rescue Spot Properties with or without notifying you. You may need to update third-party software from time to time in order to use Rescue Spot Properties.
The rights granted to you in the Agreement are subject to the following restrictions:
Any future release, update or other addition to Rescue Spot Properties shall be subject to the Agreement. Rescue Spot, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Rescue Spot Property terminates the licenses granted by Rescue Spot pursuant to the Agreement.
In order to access certain features of Rescue Spot Properties you may be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a user who has registered an account on the Website or the Application ("Account"), or has a valid account on a third-party platform ("Third-Party Platform") through which the user has connected to the Website or the Application (each such account, a "Third-Party Account").
You must be a Registered User to create an Adopter/Foster profile and start the application process. To start the application process, you will be asked a variety of questions, including but not limited to, your name, address, e-mail address, phone number, age, occupation and other lifestyle information. You understand and agree that the placement or ranking of Adopter/Foster profiles in search results may depend on a variety of factors, including, but not limited to, Rescue preferences.
You must be a Registered User to create a Rescue profile and will be asked to provide the Rescue name, address, e-mail address, phone number, website URL and 501(c)(3) status under the Internal Revenue Code. To publish any Listings and/or review any Adopter applications, you will also be required to submit valid payment information.
If you access the Rescue Spot Properties through a Third-Party Platform as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Rescue Spot to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Rescue Spot and/or grant Rescue Spot access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Rescue Spot to pay any fees or making Rescue Spot subject to any usage limitations imposed by such third-party service providers. By granting Rescue Spot access to any Third-Party Accounts, you understand that Rescue Spot may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Rescue Spot Properties (collectively, "Content") that you have provided to and stored in your Third-Party Account ("Third-Party Platform Content") so that it is available on and through Rescue Spot Properties via your Account. Unless otherwise specified in the Agreement, all Third-Party Platform Content shall be considered to be Your Content (as defined in Section 6.1 (Types of Content)) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Rescue Spot Properties. Please note that if a Third-Party Account or associated service becomes unavailable, or Rescue Spot's access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Platform Content will no longer be available on and through Rescue Spot Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND RESCUE SPOT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Rescue Spot makes no effort to review any Third-Party Platform Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Rescue Spot is not responsible for any Third-Party Platform Content.
In registering an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Rescue Spot Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Rescue Spot Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Rescue Spot immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rescue Spot has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Rescue Spot has the right to suspend or terminate your Account and refuse any and all current or future use of Rescue Spot Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or Third-Party Platform at any given time. Rescue Spot reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use Rescue Spot Properties if you have been previously removed by Rescue Spot, or if you have been previously banned from any of Rescue Spot Properties.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Rescue Spot.
You must provide all equipment and software necessary to connect to Rescue Spot Properties, including but not limited to, a mobile device that is suitable to connect with and use Rescue Spot Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Rescue Spot Properties.
You acknowledge that all Content, including Rescue Spot Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Rescue Spot, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Rescue Spot Properties ("Your Content"), and that you and other Registered Users of Rescue Spot Properties, and not Rescue Spot, are similarly responsible for all Content that you and they Make Available through Rescue Spot Properties ("User Content").
You acknowledge that Rescue Spot has no obligation to pre-screen Content (including, but not limited to, User Content), although Rescue Spot reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Rescue Spot pre-screens, refuses or removes any Content, you acknowledge that Rescue Spot will do so for Rescue Spot's benefit, not yours. Without limiting the foregoing, Rescue Spot shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Unless expressly agreed to by Rescue Spot in writing elsewhere, Rescue Spot has no obligation to store any of Your Content that you Make Available on Rescue Spot Properties. Rescue Spot has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Rescue Spot Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Rescue Spot retains the right to create reasonable limits on Rescue Spot's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Rescue Spot in its sole discretion.
Except with respect to Your Content and User Content, you agree that Rescue Spot and its suppliers own all rights, title and interest in Rescue Spot Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Rescue Spot Properties.
Rescue Spot and all related graphics, logos, service marks and trade names used on or in connection with any Rescue Spot Properties or in connection with the Services are the trademarks of Rescue Spot and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in Rescue Spot Properties are the property of their respective owners.
Rescue Spot does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in Rescue Spot Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
Subject to any applicable account settings that you select, you grant Rescue Spot a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Rescue Spot Properties to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of Rescue Spot Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Rescue Spot, are responsible for all of Your Content that you Make Available on or in Rescue Spot Properties.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Rescue Spot through its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is at your own risk and that Rescue Spot has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Rescue Spot a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Rescue Spot Properties and/or Rescue Spot's business.
As a condition of use, you agree not to use Rescue Spot Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to either (a) take any action or (b) Make Available any Content on or through Rescue Spot Properties that:
The Services may not be used to solicit for any other business, website or services. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Services facilitated through the Rescue Spot Properties. You may not use the Services to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Rescue Spot.
Rescue Spot may, but is not obligated to, monitor or review Rescue Spot Properties and Content at any time. Without limiting the foregoing, Rescue Spot shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Rescue Spot does not generally monitor user activity occurring in connection with Rescue Spot Properties or Content, if Rescue Spot becomes aware of any possible violations by you of any provision of the Agreement, Rescue Spot reserves the right to investigate such violations, and Rescue Spot may, at its sole discretion, immediately terminate your license to use Rescue Spot Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Rescue Spot reserves the right, but has no obligation, to intercede in such disputes. You agree that Rescue Spot will not be responsible for any liability incurred as the result of such interactions.
YOU UNDERSTAND THAT RESCUE SPOT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS REGISTERED USERS OR EVALUATE THE CREDENTIALS OF ANY REGISTERED USER. RESCUE SPOT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS. RESCUE SPOT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS. RESCUE SPOT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Rescue Spot Properties may contain User Content provided by other Registered Users, including Listings. Rescue Spot is not responsible for and does not control User Content. Rescue Spot has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
The Services may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Rescue Spot. Rescue Spot is not responsible for any Third-Party Websites or Third-Party Applications. Rescue Spot provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave the App, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an "App Store"). You acknowledge that the Agreement is between you and Rescue Spot and not with the App Store. Rescue Spot, not the App Store, is solely responsible for Rescue Spot Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Rescue Spot Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Rescue Spot Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
The following applies to any App Store Sourced Application accessed through or downloaded from the Google Play Store:
Rescue Spot expressly disclaims any liability that may arise between Users of its Services. The Services are only a venue for connecting Rescues with Fosters and/or Adopters. Rescue Spot is not responsible for any claims that may arise as a result of interactions between Fosters and/or Adopters and the animals. Because Rescue Spot is not a party to the actual contracts between Rescues, Fosters and Adopters, in the event that you have a dispute with one or more Users, you release the Rescue Spot Parties (as defined below) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Rescue Spot Party or for such party's fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder.
You agree to pay all fees or charges to your Account (the "Fees") in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Adoption fees paid by Adopters through the Rescue Spot platform are processed via Stripe and transferred directly to the applicable Rescue. Rescue Spot does not set adoption fees, does not act as a seller or provider of any animals, does not take ownership of any animal at any time, and does not participate in the adoption contract between the Adopter and the Rescue. Rescue Spot's role is limited solely to providing payment processing technology on behalf of Rescues. You may be required to provide Rescue Spot with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") in order to purchase any of the options offered on the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing Rescue Spot with your credit card number and associated payment information, you agree that Rescue Spot is authorized to immediately invoice your Account for all fees and charges due and payable to Rescue Spot hereunder and that no additional notice or consent is required. You agree to immediately notify Rescue Spot of any change in your billing address or the credit card used for payment hereunder. Rescue Spot reserves the right at any time to change its prices and billing methods, either immediately upon posting on Rescue Spot Properties or by e-mail delivery to you.
Please refer to your separate subscription agreement for information on any subscription fees as negotiated separately by Rescue Spot and the Rescue.
If Rescue Spot determines it has an obligation to collect Sales Tax from you in connection with the Services or the Fees, Rescue Spot will collect such Sales Tax in addition to the Fees. If any Services or Fees are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Rescue Spot, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant authority, and you will indemnify Rescue Spot for any liability or expense Rescue Spot may incur in connection with such Sales Taxes. Upon Rescue Spot's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" means any sales, use, or other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: hello@rescue-spot.com.
Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire, and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Rescue Spot to have the charges reversed.
Rescue Spot uses Stripe, Inc. ("Stripe") as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By making a purchase on the Rescue Spot Properties, you agree to be bound by Stripe's Privacy Policy: https://stripe.com/privacy and hereby consent and authorize Rescue Spot and Stripe to share any information and payment instructions you provide with third-party service providers to the minimum extent required to complete your transactions.
You agree to indemnify and hold Rescue Spot, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Rescue Spot Party" and collectively, the "Rescue Spot Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Rescue Spot Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Rescue Spot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rescue Spot in asserting any available defenses. This provision does not require you to indemnify any of the Rescue Spot Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Rescue Spot Properties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF RESCUE SPOT PROPERTIES IS AT YOUR SOLE RISK, AND RESCUE SPOT PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. RESCUE SPOT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
RESCUE SPOT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) RESCUE SPOT PROPERTIES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF RESCUE SPOT PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF RESCUE SPOT PROPERTIES WILL BE ACCURATE OR RELIABLE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH RESCUE SPOT PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS RESCUE SPOT PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. RESCUE SPOT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RESCUE SPOT OR THROUGH RESCUE SPOT PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, RESCUE SPOT MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT RESCUE SPOT'S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
YOU ACKNOWLEDGE AND AGREE THAT RESCUE SPOT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RESCUE SPOT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF RESCUE SPOT PROPERTIES. YOU UNDERSTAND THAT RESCUE SPOT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF RESCUE SPOT PROPERTIES. RESCUE SPOT MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL RESCUE SPOT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT RESCUE SPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF RESCUE SPOT PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE RESCUE SPOT PROPERTIES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH RESCUE SPOT PROPERTIES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RESCUE SPOT PROPERTIES; OR (E) ANY OTHER MATTER RELATED TO RESCUE SPOT PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A RESCUE SPOT PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A RESCUE SPOT PARTY'S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A RESCUE SPOT PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
TO THE FULLEST EXTENT PROVIDED BY LAW, RESCUE SPOT PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO RESCUE SPOT BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) ONE HUNDRED DOLLARS ($100); OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A RESCUE SPOT PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A RESCUE SPOT PARTY'S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A RESCUE SPOT PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
EXCEPT FOR RESCUE SPOT'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN RESCUE SPOT'S PRIVACY POLICY, RESCUE SPOT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RESCUE SPOT AND YOU.
It is Rescue Spot's policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Rescue Spot by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Rescue Spot Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Contact information for Rescue Spot's Copyright Agent for notice of claims of copyright infringement is as follows: Legal Department, 211 E 18th Street, Suite 1C, New York, NY 10003.
Rescue Spot reserves the right to:
If Rescue Spot becomes aware of any possible violations by you of the Agreement, Rescue Spot reserves the right to investigate such violations. If, as a result of the investigation, Rescue Spot believes that criminal activity has occurred, Rescue Spot reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Rescue Spot is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Rescue Spot Properties, including Your Content, in Rescue Spot's possession in connection with your use of Rescue Spot Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Rescue Spot, its Registered Users or the public, and all enforcement or other government officials, as Rescue Spot in its sole discretion believes to be necessary or appropriate.
The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Rescue Spot Properties, unless terminated earlier in accordance with the Agreement.
Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Rescue Spot Properties or (b) the date you accepted the Agreement, and that the Agreement will remain in full force and effect while you use any Rescue Spot Properties, unless earlier terminated in accordance with the Agreement.
If your registration(s) with, or ability to access, Rescue Spot Properties or any other Rescue Spot community, is discontinued by Rescue Spot due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Rescue Spot Properties or any Rescue Spot community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Rescue Spot Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Rescue Spot reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Rescue Spot Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Rescue Spot intends to announce such Services or Content in your country. Rescue Spot Properties are controlled and offered by Rescue Spot from its facilities in the United States of America. Rescue Spot makes no representations that Rescue Spot Properties are appropriate or available for use in other locations. Those who access or use Rescue Spot Properties from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this section ("Dispute Resolution") carefully. It requires users to arbitrate disputes with Rescue Spot and limits the manner in which you can seek relief from us.
You agree that any dispute between you and us (or other Rescue Spot Parties) relating in any way to the Services or this Agreement will be resolved by binding arbitration, rather than in court, except that (1) you and the Rescue Spot Parties may assert claims in small claims court if the claims qualify; and (2) you or the Rescue Spot Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: LegalInc Corporate Services Inc., 651 N. Broad Street, Suite 206, Middletown, Delaware 19709. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, Rescue Spot will pay them for you.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Without limiting the scope of Section 19.1, the arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the Rescue Spot Parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
YOU AND THE RESCUE SPOT PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Rescue Spot Parties are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS BY OR AGAINST ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF OR AGAINST ANY OTHER USER OR PERSON. If a decision is issued stating that applicable law precludes enforcement of any of this Section 19.5's limitations as to a given claim for relief, then the applicable claim, and only that applicable claim, must be severed from the arbitration and brought into the state or federal courts located in New York, New York in accordance with Section 20.5. All other claims shall be arbitrated.
You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: Rescue Spot, 211 E 18th Street, Suite 1C, New York, NY 10003, or email to hello@rescue-spot.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us or other Rescue Spot Parties.
Except as provided in Section 19.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Rescue Spot.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Rescue Spot makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Rescue Spot at the following address: Rescue Spot, 211 E 18th Street, Suite 1C, New York, NY 10003.
The communications between you and Rescue Spot may take place via electronic means, whether you visit Rescue Spot Properties or send Rescue Spot e-mails, or whether Rescue Spot posts notices on Rescue Spot Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Rescue Spot in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Rescue Spot provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Rescue Spot's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Rescue Spot shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, complaints or claims with respect to Rescue Spot Properties, please contact us at: hello@rescue-spot.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Rescue Spot agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.
THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Where Rescue Spot requires that you provide an e-mail address, you are responsible for providing Rescue Spot with your most current e-mail address. In the event that the last e-mail address you provided to Rescue Spot is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Rescue Spot's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Rescue Spot at the following address: hello@rescue-spot.com. Such notice shall be deemed given when received by Rescue Spot by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You may not use, export, import, or transfer Rescue Spot Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Rescue Spot Properties, and any other applicable laws. In particular, but without limitation, Rescue Spot Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using Rescue Spot Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Rescue Spot Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Rescue Spot are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Rescue Spot products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.