Date: December 12, 2023
Golden Retriever Club of Greater Los Angeles Rescue (GRCGLAR) greatly appreciates any user submitted content to our organization. We love to hear stories about our successful rescues weeks, months, or even years after a successful adoption. However, we do need to outline the terms and conditions for any user content submitted to us. By submitting content to use (in electronic or printed format, or on social media platforms, you consent and accept our terms and conditions for the content that you are submitting.
Acceptance of the Terms and Conditions
Our organization contains information relating to the Golden Retriever Club of Greater Los Angeles Rescue - GRCGLAR ("the Rescue" or "We") in the form of text, graphics, news, reports, and other materials (tangible or intangible) ("Content"). We also conduct business and business related activities through our website located at www.grcglarescue.org and other online properties owned or controlled by or on behalf of the Rescue (collectively the “Site”). By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement. If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.
Use of User Submitted Information.
You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
User-generated content ("User Content") covers a wide umbrella of material: blogs, wikis, discussion posts, chats, tweets, podcasts, digital images, video, audio files, advertisements, and any other form of media generated and posted by users fall under "user-generated content."
● you use the Site at your sole risk;
● the use of the Site may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
1. General Terms and Conditions.
c. Jurisdictional Issues. The Service is controlled and operated by the Rescue in the State of California. The Rescue makes no representation that materials on the Site are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
d. Eligibility. The Site is not for persons under the age of 13 (or under 16 for individuals in the European Union) or for any users previously suspended or removed from the Site. IF YOU ARE UNDER 13 YEARS OF AGE (or under 16 in the EU), YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that either you are at least 13 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
2. Intellectual Property Rights.
b. Content. Except for User Content, the content that the Rescue provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by the Rescue or its third party licensors (collectively, the “Rescue Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, Post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material. Your use of Rescue Content must be in compliance with applicable law. The Rescue reserves all rights on the part of its licensors; users are not permitted to infringe the rights of the copyright owners of the sound recordings included on the Service or any musical works embodied therein (collectively “Music”). The unauthorized reproduction or distribution of the Music is expressly prohibited any may violated applicable law and subject you to liability for copyright infringement.
c. Marks. The Rescue's trademarks, service marks, and logos (the “Rescue's Trademarks”) used and displayed on the Site are the Rescue's registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Site without the Rescue's prior expressed written consent. You may not remove any Trademarks identifying the ownership or origin of any Rescue Content.
3. User Content.
a. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Rescue Content.
b. Screening User Content. The Rescue offers end users the ability to submit User Content to or transmit User Content through the Site. The Rescue does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. The Rescue does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will the Rescue be liable in any way for any User Content.
e. Waiver of Rights to User Content. By Submitting User Content to the Rescue, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you submit to the Rescue.
4. External Sites. The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). The Rescue does not endorse any External Sites or the content made available on such External Sites. The Rescue is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that the Rescue will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
5. Dispute Resolution.
c. Arbitrator. Any arbitration between you and the Rescue will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). The Rescue's address for Notice is: GRCGLAR – PO Box 491209, Los Angeles, CA 90049. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Rescue may commence an arbitration proceeding.representative or class proceeding.
6. Limitation of Liability and Disclaimer of Warranties.
a. The Rescue, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, Volunteers, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “RESCUE'S PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE AND ANY CONTENT AVAILABLE ON THE SITE. THE RESCUE'S PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE RESCUE'S PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO THE RESCUE'S PARTy WILL BE RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE RESCUE'S PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY RESCUE PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH RESCUE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESCUE'S LIABILITY, AND THE LIABILITY OF ANY OTHER RESCUE'S PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.
14. Third Party Disputes.
a. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the Rescue's parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19. Contact Us. You may contact us in connection with your use of the Site by mail at GRCGLAR, PO Boxc 491209, Los Angeles, CA 90049, or by email at firstname.lastname@example.org.