Shelters: Terms of Use
MEMBERSHIP
Subject to these Terms of Use, Pets grants to You a non-exclusive, non-transferable right of membership in the Pets network of animal shelters, rescues, SPCAs, humane societies and other animal rescue organizations for the purpose of facilitating the adoption of adult and other at-risk pets by current and former members of the U.S. military (“Shelter Membership”). As a Member Shelter, You will be responsible for:
1. Providing content about your organization for inclusion on the Pets website, including a brief description of your organization, location, contact information and hours of operation;
2. Placing the Pets website badge provided to you anywhere on your website that You see fit;
3. Distributing a press kit and other materials to prospective, current or former pet adopters to promote your membership in Pets; and
4. Making available in your shelter facility information about Pets for Patriots if such material is provided to you.
Representations and Warranties.
You represent and warrant that:
1. You are a not-for-profit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or You are a tax-exempt municipal shelter or animal control with authority to conduct pet adoptions;
2. You have full power and authority to enter into these Terms of Use and to perform Your obligations hereunder; and;
3. You have obtained all permits, licenses, and other governmental authorizations and approvals required for performance under these Terms of Use.
You further represent and warrant that:
1. To establish your eligibility and as a condition of becoming a Member Shelter, You will promptly provide, by fax, e-mail, U.S. mail or other convenient means, proof of your eligibility to become a Member Shelter in the form of (a) a copy of the first page of your determination letter from the Internal Revenue Service; AND (b) a signed written letter from the primary veterinarian used by your organization on his/her letterhead, which affirms that he/she renders medical care to the pets in the custody of your organization, OR (c) a letter from your executive director on his/her letterhead, which affirms that your organization employs veterinarians on staff and that he/she/they render medical care to the pets in the custody of your organization;
2. You will retain full authority and responsibility for the placement of adoptive pets with appropriate individual adopters;
3. You will verify with Pets that a potential pet adopter is a Pets member (“Member Patriot”) prior to executing an adoption with such individual;
4. You will provide Pets with the final, signed adoption contract between You and the Member Patriot promptly upon execution of said contract;
5. You will provide free of charge to the Member Patriot upon signing of the adoption contact one or more of the following goods or services: i) An adoption fee discount of no less than 10%; ii) Pet training or retraining to be conducted within 2 months of adoption; iii) ‘Day one’ pet essentials, which may include food, a leash, a collar, a cat carrier, a pet bowl, etc.; iv) Vouchers for free or discounted services of one or more area pet service providers, which may include groomers, pet sitters, walkers, boarders or other pet service providers; or v) Other goods or services as mutually agreed upon by You and Pets, from which the Member Patriot will choose only one of the offered goods or services. A list of the goods and services You will provide will be listed with the contact information provided by You on the Pets website. If you will provide pet training or retraining, You will advise Pets as to either the duration or number of sessions for inclusion on the Pets website;
6. You will notify Pets as promptly as reasonably practicable of any pet adoption by a Member Patriot that is reversed, including the reason for the reversal; and
7. You will notify Pets of any changes to the contact or goods and services information provided by You on the Pets website in connection with your application for Shelter Membership.
Verification of Eligibility. Upon receipt of the documentation indicated above, Pets will verify your eligibility as promptly as reasonably practicable, and will notify You by e-mail as to whether you have been approved. Pets reserves the right to approve or decline to approve a candidate for Shelter Membership for any reason or no reason.
Accepted Use. With respect to any content provided to Pets for inclusion on the Pets website, You represent to Pets that all content is solely owned by You or provided by You with the express authority of the organization You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. As a Member Shelter, You shall not provide, promote, distribute, place or otherwise publish any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. The inclusion of a link to your website on the Pets website does not mean that Pets endorses or accepts any responsibility for the content or the use of your Web site.
Right to Modify.Pets reserves the right to change, modify, add or remove portions of these Terms of Use at any time and may add to, change, suspend or discontinue any aspect of the Shelter Membership at any time. In the event of any material change, Pets will notify you via e-mail at least 30 days prior to any such changes taking effect, at which time you may either agree to such changes or withdraw from Shelter Membership.
Termination; Withdrawal. If You breach these Terms of Use, your Shelter Membership shall terminate automatically. Pets reserves the right to terminate your Shelter Membership for any reason or no reason. You have the right to withdraw from Shelter Membership upon 30 days prior written notice to Pets.
Indemnification and Limitation of Liability. You shall indemnify, defend and hold Pets and any affiliates, directors, employees, agents or assigns (together, the “Indemnitees”) harmless from and against any and all costs, expenses and losses (including reasonable attorney’s fees and costs) incurred through claims, suits, proceedings and actions brought or threatened against the Indemnitees that in any way relate to, arise from or result from Your breach of these Terms of Use. Pets shall bear no responsibility or liability for any losses, damages, injuries or expenses suffered as a result of your operations, including but not limited to those which arise out of the placement of adoptive pets with individual adopters.
Miscellaneous. These Terms of Use constitutes the entire understanding between Pets and You with respect to subject matter hereof. Failure to enforce any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions, or of any other terms or conditions. These Terms of Use shall be construed and enforced in accordance with the laws of the State of New York. Any action to arising hereunder will be brought in the federal or state courts, located in New York.
Assignment. You many not assign or otherwise transfer your obligations under these Terms of Use (by operation of law or otherwise) without the prior written consent of Pets, and any prohibited assignment shall be null and void.