Terms and Conditions
TERMS & CONDITIONS
CONDITIONS OF USE
References to “GWARP” in this document means Good World Animal Rescue and Protection Inc., its affiliates, subsidiaries, divisions, operational designees, and community sites. GWARP reserves for itself the right to make changes to this Site and its Conditions and Policies at any time. As a result, each time you use this Site, you should visit and review the then current Conditions and Policies that apply to your transactions and use of this Site. GWARP is not responsible for typographical or photographic errors on this Site.
*** If you do not agree to be bound by the terms and conditions below then your sole remedy is not to use this site. ***
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GWARP AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, “THIRD PARTIES”), CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER GWARP NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER GWARP NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. GWARP AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GWARP OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL GWARP OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GWARP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL GWARP BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE HUNDRED U.S. DOLLARS ($500.00).
The Sites are intended for users of all ages.
LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
From time-to-time, GWARP may offer articles, information, and advice through the site to those with pets or those who care for pets for educational purposes only. NO information offered through the site is intended to diagnose, treat, or cure your pet, and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of a pet within your care, please visit your local veterinarian or animal hospital.
ERRORS ON SITE
Information set forth on the sites is subject to change without notice. Errors will be corrected as soon as feasible after discovery or confirmation of an error and GWARP reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after a transaction has been submitted, whether or not the transaction has been confirmed and/or, if applicable, your credit/debit card has been charged. If your credit/debit card has already been charged for a transaction and your transaction is cancelled, GWARP will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.
You agree to defend, indemnify, reimburse and hold GWARP and any parent, subsidiary and affiliated entities, and its and their users, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses, including reasonable attorney’s fees, costs and expenses and court costs, arising out of or related to: (1) any claim arising out of your use of the Sites, including your use of the Sites to provide a link to another site or to upload content or other information to the Sites; (2) any breach or alleged breach of any representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and (3) any violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from any use of the Sites, including your use of the Sites to provide a link to another site or to upload content or other information to the Sites, as contemplated hereunder.
GOVERNING LAW, JURISDICTION
THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION’S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN NEW YORK, AND YOU AND GWARP BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
ADDITIONAL TERMS GOVERNING YOUR USE OF OUR PET COMMUNITY AND SIMILAR INTERACTIVE SERVICES SITES
Eligibility and Registration
By registering with GWARP and similar service Sites, you agree that you are at least 18 years of age at time of registration; that you are responsible for all activities occurring under your username and for keeping your password secure; and that your use of our Site does not violate our Conditions and Policies. Persons under 18 years of age are prohibited from registering without prior permission from their parent or legal guardian. Their registration information shall be removed upon GWARP’s notification that such permission was not obtained.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or Conditions and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
You further agree that our Community and similar service Sites are available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post, and display on our Sites. You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party’s trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy.
If an opt-in checkbox appears on a form linking to The Site, you will not be contacted by us unless that checkbox is checked, or unless required for verification of the functioning of the system. Otherwise, by your access and use of The Site, you expressly agree and consent to be the recipient of periodic communications related to The Site or for any other reasonable purpose, at our sole discretion. You are not required to affirmatively opt-in, but if you do so you may have access to certain additional special features of The Site. If you receive more communications pursuant to this section than you would like, or would otherwise wish to impede the transmission of any such messages, you may affirmatively opt-out using the “Unsubscribe” link or by contacting us directly. Anyone who verifies an opt-out request will be precluded from any further use of The Site, unless they affirmatively opt-in from the adjacent “Opt-In” link there.
Upon receipt of an opt-out request we may act on that directly, or else send you a verifying email to confirm that you are the authorized person who controls that email address. Once verified, we will endeavor in good faith to extract and delete your name and email address from any list we maintain or submitted by another user of The Site. We do not warrant that we will be successful in preventing the transmission of any messages to any person after they have opted-out.
Use of Emails
You are hereby advised and put on express notice that any input in the form of individual email addresses, lists of email addresses, or raw text, may be transmitted immediately to GWARP for parsing and database storage, whether the form containing those input elements is finally submitted by you or not. In particular we disclose that this is universally the case with respect to files, which you select by a browsing function or as to any list over a certain size, and you agree that we have full authority and your consent to do this. We will endeavor to maintain an opt-out list in reasonable good faith and to use this list together with any other list at our sole discretion to attempt to remove email addresses from those you may so provide to (1) prevent transmission of messages to parties not interested or permitted by us to receive such transmissions, or (2) to prevent the transmission of multiple messages on the same topic or question to any party who we may believe has already received notification of the same. You warrant and represent that any email addresses you input or submit under this section do not contain, to the best of your good faith knowledge, the email addresses of anyone who would object for any reason to the receipt of messages through The Web Site, either one time or on a regular basis, and expressly grant, delegate and extend to us whatever authority or consent you have from them to send emails to any such email address for any purpose.