Terms of Service Agreement

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.

2.1 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.

2.2 Application License

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.

2.3 Updates

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.

2.4 Certain Restrictions

The rights granted to you in the Agreement are subject to the following restrictions:

• you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Rescue Spot Properties or any portion of Rescue Spot Properties, including the Website;

3.1 Registering Your Account

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").

3.2 Adopter/Foster Profile

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.

3.3 Rescue Profile

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.

3.4 Access Through a Third-Party Platform

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.

4.1 Types of Content

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").

4.2 No Obligation to Pre-Screen 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.

4.3 Storage

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.

5.1 Rescue Spot Properties

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.

5.2 Trademarks

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.

5.3 Your Content

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.

5.4 License to 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.

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:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
• is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
• involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Rescue Spot's prior written consent;
• impersonates any person or entity, including any employee or representative of Rescue Spot;
• interferes with or attempt to interfere with the proper functioning of Rescue Spot Properties or uses Rescue Spot Properties in any way not expressly permitted by this Agreement;
• manipulates or interferes with a User profile or Rescue Listings;
• transfers your account and username to another party without our consent;
• bypasses our robot exclusion hardware, interferes with the working of the Services, or imposes an unreasonable or disproportionately large load on our infrastructure;

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.

9.1 User Responsibility

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.

9.2 Content Provided by Other Users

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.

10.1 Third-Party Websites and Applications

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.

10.2 App Stores

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.

10.3 Accessing and Downloading the Application from iTunes

11.1 Payment

By Adopters and/or Fosters

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.

By Rescues

Please refer to your separate subscription agreement for information on any subscription fees as negotiated separately by Rescue Spot and the Rescue.

11.2 Taxes

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.

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.

13.1 As Is

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.

13.2 No Liability for Conduct of Third Parties

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.

14.1 Disclaimer of Certain Damages

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.

14.2 Cap on Liability

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.

14.3 User Content

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.

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:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of the location on Rescue Spot Properties of the material that you claim is infringing;
• your address, telephone number and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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:

• remove or refuse to post any of your Content for any or no reason in our sole discretion;
• take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Rescue Spot Properties or the public, or could create liability for the Rescue Spot;
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Rescue Spot Properties; and/or
• terminate or suspend your access to all or part of the Rescue Spot Properties for any or no reason, including without limitation, any violation of this Agreement.

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.

17.1 Term

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.

17.2 Prior Use

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.

17.3 No Subsequent Registration

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.

19.1 Applicability of Arbitration Agreement

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.

19.2 Arbitration Rules and Forum

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.

20.1 Electronic Communications

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").

20.2 Assignment

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.

20.3 Force Majeure

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.

20.4 Questions, Complaints, Claims

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.

20.5 Exclusive Venue

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.