Last Updated: February 2nd, 2021

Acceptance of the Terms of Use.

These Terms of Use are entered into by and between you (“you” or “your”) and Friends of the Shelter dba Home To Home and its affiliates, subsidiaries, and related entities (collectively, “Company,” “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://home-home.org/ and any other websites (“Website(s)”), our Home To Home platform (“Platform”), and social media platforms owned or controlled by us, along with any content, functionality, and services offered through us (each a “Property,” collectively “Properties”). You and Company each be referred to herein as a “Party”, and collectively as the “Parties.”

The Platform is a service for animal shelters, rescue organizations, veterinary clinics, and other agencies involved in rehoming and caring for adoptable pets in various territories. When you elect to license our Platform, agree to the terms of our Service Agreement (as defined in the Terms of Use) and pay any associated license fees and other costs for such service, you will become a “Licensee”. 501(c)(3) non-profit status, or federal charity status is not required to become a Licensee. However, members must be legitimately operating as an animal shelter, rescue or adoption organization (large or small), and post your adoptable pets in a not-for-profit manner. Breeding animals specifically for the for-profit pet trade, encouraging the public to buy pets for breeding, auctioning or selling pets for profit is prohibited. Animals must not be sold for an adoption fee or any other monetary value. 

Please read these Terms of Use carefully before accessing or using our Properties. By using the Properties, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://home-home.org/privacy-policy/, incorporated herein by reference (“Privacy Policy”). 

Company may, from time to time, send newsletter and statistics to our members. We also share other opportunities and benefits related to animal welfare with our members. By accepting membership with our Properties, you agree to receive these messages. Please note that any additional contact people you list in your Platform account will also receive our mailings. For additional information regarding these messages, please see our Privacy Policy.

BY ACCESSING OR USING THE PROPERTIES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE PROPERTIES.

Changes to Terms of Use.

Company reserves the right to amend or update these Terms of Use at any time with or without notice to users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Property that will be subject to the Terms of Use. Notwithstanding the foregoing, in the event any changes to these Terms of Use shall materially change your rights, Company will provide you with prominent notice under the circumstances. Any user who continues to use the Property after any changes are made will be deemed to have agreed to those changes.

ARBITRATION NOTICE. AS FURTHER SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE ANY DISPUTES IN COURT (INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION).

Prohibited Uses of the Properties.

You are solely responsible for your use of the Properties and any use of the services and actions taken using your account. To promote our goal of creating a positive, useful, and safe user experience, we prohibit certain kinds of conduct that may be harmful to Third Party Users (defined below) or us. Any unauthorized use of the Properties is expressly prohibited. For the avoidance of doubt, you hereby agree to the following:

  1. You may not use the Properties to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Properties and your Communications (defined below), including but not limited to, intellectual property, privacy, and other criminal laws.
  2. Licensees are expected to adhere to applicable state and federal animal care regulations and seek veterinary guidance as needed or required by law. Pets may not be declawed, devocalized, or cosmetically altered via surgery as a tactic to improve their adoptability on the Platform. Pets who enter an adoption group’s care already declawed, devocalized, or cosmetically altered may be posted for adoption on the Platform.
  3. Rescues or shelters that voluntarily accept pets (versus a municipal open-admission shelter that must accept all pets) must spay/neuter their adoptable pets before adoption or include a future spay/neuter in their adoption fee without requiring adopters to pay a spay/neuter deposit, except as and in the amount required by law.
  4. Without limiting the foregoing or any other term therein, you shall not use the Properties to engage or post any of the following User Content in the following: 
  1. The sale of any animal for a monetary fee, including, without limitation, to adopt, re-home, or purchase any pet;
  2. The trade, post, or sale of animal parts for compensation of any kind; 
  3. Stud service or promotion of breeding; 
  4. Endangered, imperiled, and/or protected species or part or materials related thereto, including, without limitation, furs, bones, and ivory; 
  5. False, misleading, deceptive, or fraudulent content; 
  6. Animals which you know to be violent or aggressive, or who have displayed such behaviors; and 
  7. Any third party’s Personal Information or confidential or proprietary information. 
  1. You shall not disable, hack, circumvent or otherwise interfere with security-related features of the Properties or features that prevent or restrict use or copying of any Company Content or materials.
  2. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Properties, servers or networks connected to the Properties or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Properties. You must not interfere or disrupt the Properties or servers or networks connected to the Properties, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of the Properties are or Company Content is rendered or displayed in a Third Party User’s browser or device.
  3. You agree that you will not solicit, collect or use the login credentials or other confidential information of other users of the Properties (each and collectively, “Third Party Users”).
  4. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Properties, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  5. You shall not change, modify, adapt or alter the Properties or change, modify or alter another website so as to falsely imply that it is associated with the Properties or Company.
  6. You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any Third Party Users.
  7. You shall not access or use the Properties through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  8. You shall not attempt to restrict any Third Party User from using or enjoying the Properties, nor encourage or facilitate violations of these Terms of Use or any other Company terms.
  9. You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.

You understand and agree that you use the Properties at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company as Company may determine in its sole discretion, we can stop providing all or part of the Properties to you.

General Conditions.

  1. You are responsible for making all arrangements necessary for you to have access to the Properties and ensuring that all persons who access the Properties through your internet connection are aware of these Terms of Use and comply with them. 
  2. You are responsible for keeping your password secret and secure.
  3. Our Properties are intended to provide a safe and supportive environment to allow pets in need of new homes to stay out of the shelter and go directly into new homes. We expect all of our users to support our goals by (i) always being respectful and polite while using our Properties, (ii) refrain from posting any User Content which contains personal attacks, excessive criticism, foul language, negativity, threats, or any language which may incite illegal activity or violence, or (iii) refraining from publicly posting Personal Information of themselves or others. 
  4. To access any Property or some of the resources it offers, you may be asked to provide certain registration details or other information, including Personal Information (as defined in the Privacy Policy). It is a condition of your use of the Properties that all the information you provide on the Properties is correct, current, and complete. You agree that all information you provide to register with the Properties or otherwise, including, but not limited to, the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  5. Unless otherwise noted, the Properties as a whole or in part, and all materials that are part of the Properties, including without limitation, the Company name, trademarks, designs, logos, copyright, photographs, materials, and other intellectual property, and products and services made available to users via the Properties (collectively, “Company Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Company or its subsidiaries and affiliates. Conditioned upon your compliance with these Terms of Use, you may only use Company Content and the Properties in accordance with the terms of your Service Agreement. No right, title, or interest in any Company Content is granted or transferred to you as a result of your access or use. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Company Content or Properties. Unauthorized use of the Company Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
  6. We welcome your comments and feedback regarding our Properties, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Company using Properties or otherwise (collectively, “Communications”) are not confidential and will become and remain Company’s property. The disclosure, submission, or offer of any Communications will constitute an assignment to Company of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.
  7. We may moderate our users’ access and use to the Properties in our sole discretion and take any action we may deem fit, including, without limitation, by blocking (e.g. IP addresses), filtering, deleting, delaying, omitting, verifying, and/or terminating any user’s access to or use of the Properties or User Content. Notwithstanding, we are not liable for moderating such activity and you shall have no expectation of our moderating activities. 
  8. We reserve the right to modify or terminate the Property or your access to the Property for any reason, without notice, at any time, and without liability to you. Upon termination, unless subject to separate and specific software or other Property licenses, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  9. We grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access the Properties in compliance with these Terms of Use; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from Company. 
  10. We are not responsible if information made available on the Properties is not accurate, complete or current. The material on the Properties is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
  11. The Properties may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Properties at any time, but we have no obligation to update any information on the Properties. You agree that it is your responsibility to monitor changes to our site.  We reserve the right to refuse access to the Properties to anyone for any reason at any time.

User Content

The Properties may allow you to upload, submit, store, send, or receive content and data (“User Content“). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Properties, you grant to us and those we work with a non-exclusive, fully-paid, royalty-free, worldwide, perpetual, transferable and sub-licensable right and license to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, publicly display, and distribute your User Content on or in connection with the Properties. 

You represent and warrant that: (i) you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and (ii) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You are solely responsible for all claims arising from User Content. 

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Properties for any reason.

Testimonials.

At various places in connection with the Properties, you may find testimonials from clients and Licensees. The testimonials are actual statements made by clients and have been truthfully conveyed. Although these testimonials are truthful statements about results obtained by these clients, the results obtained by these clients are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or Properties offered by the Company

Linked Sites and Third Party Websites.

Our Properties may contain features and functionalities that may link you or provide you with access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general by or through a Linked Site (as defined in the Privacy Policy). All matters concerning the resources, materials, and other information from such Linked Sites, including, but not limited to, communications, purchase terms, warranties, guarantees, maintenance and delivery, are solely between you and the Linked Sites. Your interactions with organizations or individuals found on our Properties, including shelters, rescue organizations, and individuals, are solely between you and such third party. You are solely responsible for investigating the Linked Site before proceeding with any interaction with any of these third parties. We make no warranties or representations whatsoever with regard to any information, resources, articles, services, interactions, and products provided by the Linked Sites. You will not consider us, and we will not be construed as, a party to such transactions or agreements, whether or not we may have received some form of revenue or other remuneration in connection with such transactions. You agree that we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to any such transactions or communications. 

If there is a dispute between users of our Properties, or between users and any third party, you shall indemnify, defend, and hold harmless Company from and against any and all claims, costs, liabilities, judgements, or other losses of any kind related thereto. In the event that you have a dispute with any other user of the Properties, you hereby release Company and its affiliates and sponsors, and each of their respective officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Properties. 

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such Linked Sites on our Properties does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk. 

No Special Relationship.

Your use of the Properties – including implementation of any suggestions and/or use of any resources provided in connection therewith – does not create an attorney-client or other special or professional relationship between you and the Company. You acknowledge and agree that we have not created any professional-client relationship by the use of the Properties.

Content should not be considered legal, tax, or financial advice. Such advice should be obtained from a qualified financial, legal, or tax advisor based on your individual situation. We make no representation or warranty, express or implied, of any kind as to the completeness, accuracy, reliability, suitability for a particular purpose, or availability with respect to the Content contained on the Properties. Some of the information is relevant only in the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information, Content, and Properties will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. 

Territorial Restrictions.

The information provided within or in connection with the Properties is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Properties or any portion of the Properties, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that Company provides.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Children Under 13. The Properties are offered and available to users who are at least 13 years of age or older. By using these Properties, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Properties. Users younger than 18 years old shall only access and use the Properties upon specific and verifiable authorization from at least one of the parents or a legal guardian. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts.

Disclaimer of Warranties

The information contained on the Website or provided in connection with the Properties, including, without limitation, resources made available for download through the Website or Properties is intended for educational purposes only and is not intended as, and shall not be understood or construed as, legal, financial, tax, or other professional advice. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with an attorney or other professional to address your particular information. Company expressly recommends that you seek advice from an attorney and other professional prior to taking any actions based thereon. The Company Parties (defined below) shall not be held liable or responsible for any errors or omissions on or in connection with the Services, or for any damage you may suffer as a result of failing to seek competent legal or professional advice from a licensed attorney or other professional who is familiar with your situation.

THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, COMPANY CONTENT (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE PROPERTIES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,  INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE PROPERTIES. THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOREGOING WARRANTIES AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROPERTIES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTY OR THE SERVER THAT MAKES THE PROPERTY AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PROPERTIES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROPERTY. 

THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. 

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PROPERTIES; (B) THE COMPANY CONTENT (INCLUDING COMMUNICATIONS); (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PROPERTIES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PROPERTIES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ OPERATION; OR (G) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE PROPERTY OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES. 

BY ACCESSING THE PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification.

You (and any third party for whom you operate an account or activity on the Properties) agree to defend (at Company’s request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Properties or those conducted on your behalf): (i) your Communications, User Content, or your access to or use of the Properties; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

Disputes.

Unless expressly noted in these Terms of Use, we are ready to assist you and address your concerns via email at info@home-home.org. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek. 

If we are unable to address the problem or concern via e-mail, you unconditionally agree that any and all Disputes (as defined below) between you and Company (whether or not such Dispute involves a third party) with regard to your relationship with Company, including without limitation Disputes related to these Terms of Use, your use of the Properties, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).  Arbitration shall be before JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com.  If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Company initiates arbitration, it shall have the choice as between these two arbitration forums.  

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. 

Class Action Waiver.

By using the Properties, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Company or any other person.  You may bring claims only on your own behalf. You further agree that you, and anyone asserting a claim through you, will not participate in a class action, be a class representative, or otherwise participate in a class, representative, or consolidated proceeding against Company or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Company is a party to the proceeding. 

If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.  Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Definition of Dispute.

Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Company regarding any aspect of your relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to and use of the Properties or otherwise, and includes the validity, enforceability or scope of these Terms of Use, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.

However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

How Will the Arbitration Work? 

Either you or Company may initiate arbitration proceedings.  The arbitration will be conducted before a single arbitrator.  The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. 

If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Company will pay all arbitrator’s costs and expenses.  If not, those costs will be paid as specified in the above-referenced rules.

Where Will the Arbitration Be Held?

The parties agree to bring the arbitration in Boise, Idaho.  As set forth in “Governing Law & Venue” section below, the arbitrator will apply Idaho law.

Time Limitation on Claims.

You agree that any claim you may have arising out of or related to your relationship with Company must be filed within 1 year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with Company. 

State Nonprofit Disclosures

Friends of the Shelter dba Home To Home is a charitable organization exempt from taxation under Internal Revenue Code Section 501(c)(3) formed to create and support meaningful connections by enhancing the lives of dogs, cats and the people in our community who love them.   A copy of the Friends of the Shelter dba Home To Home’s most recent financial information is available by written request at finance@btanimalalliance.org.

Governing Law & Venue.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Properties) using or relating to the Properties, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Idaho, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Property, including all disputes, will be governed by the laws of the United States and by the laws of the State of Idaho AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability. 

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Company. 

Entire Agreement.

If you are using the Property on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between You and Company and governs your use of the Property, superseding any prior agreements between You and Company. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by you without the appropriate prior written consent of Company will be null and void. Company may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the Parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Contact Us. Questions regarding the Properties, Privacy Policy, or the Terms of Use should be directed as follows: info@home-home.org; or 870 Kootenai Cut-off Road, Ponderay, ID 83852.