Great Pets R&R (Rescue and Rehab)

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Fundraiser Legal Info

TERMS AND CONDTIONS OF 4GIVING LLC for DONORS 4Giving LLC, a Minnesota limited liability company ("4Giving") allows consumers who download the 4Giving Mobile Application (the "App") or use the 4Giving website (www.4Giving.com) (the "Website"), and the information contained therein (collectively with the App and the Website, the "Services") to donate monetarily to organizations listed on the App and/or the Website. You are permitted to use the Services and the information contained therein subject to the provisions contained herein (these "Terms and Conditions"). PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE 4GIVING MOBILE APPLICATION. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You") and 4Giving, concerning your access to and use of the Services. By using the Services, You signify your agreement to these Terms and Conditions. 4Giving reserves the right, at its sole discretion, to change, modify, add, or remove portions of these provisions at any time. Such changes, modifications, additions, and or removals shall become effective immediately upon the posting thereof. Your continued use of the Services following the posting of changes to these Terms and Conditions will constitute your acceptance of such changes. BY ACCEPTING THESE TERMS AND CONTITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN JUST AS IF YOU HAVE SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Ownership and Restrictions on Use of Materials Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and other items contained in the Services (collectively, the "Contents") are protected by copyrights, trademarks, trade dress, and/or other intellectual property owned or controlled by 4Giving and/or the organizations listed on the Services. The Contents in the Services are intended solely for personal and noncommercial use by the users of the Services. You may view, copy, and print the Contents displayed on the Services subject to the following conditions: (1) You use the material for noncommercial use only; (2) You keep intact all copyright and other proprietary notices; (3) You make no modifications to any materials; (4) You do not use the materials in a manner that suggests an association with any of 4Giving's products, services, or brands; and (5) You do not download quantities of materials to a database that can be used to avoid future downloads from the App, use of the Website, or any use of 4Giving's products, services, or brands. For purposes of these terms, the use of any such material on any other mobile application, website, computer, electronic services, or other medium is prohibited. No right, title, or interest in any downloaded Contents or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Services, or any related software. You may not attempt to decompile or reverse engineer any of the software used by 4Giving as part of the Services. Intellectual Property Rights Unless otherwise indicated, 4Giving is the exclusive owner and controller of all service marks, trademarks, emblems, badges, logos, descriptive or designating marks, and other words now or heretofore used in carrying out its programs, and the Services, including but not limited to, all of the source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics, and other proprietary property (hereinafter collectively identified as the "Intellectual Property"). Such Intellectual Property are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. All other trademarks displayed on the Services, or through links to other mobile applications or websites are the property of the respective trademark owners. By placing any of the Intellectual Property on the Services, 4Giving does not grant You any license or other authorization to copy or use the Intellectual Property, except as provided herein. User Comments, Feedback, Submissions, and Postings 4Giving may allow You to communicate, submit, upload, transmit or otherwise make available text, images, audio, video, and other content on or through the Services (collectively, the "Submission(s)"), including in the form of comments, feedback, submissions, or other information. By transmitting Submissions on or through the Services, You grant 4Giving a perpetual, irrevocable, worldwide, royalty-free, assignable, sub-licensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such Submissions, and You waive any and all moral rights and publicity rights in such Submissions. 4Giving will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future 4Giving business. 4Giving will be entitled to use the Submissions for any noncommercial or other purpose whatsoever without compensation to You or any other person sending a Submission. You acknowledge that You own whatever material You submit, and use of your Submission by 4Giving will not infringe or violate the rights of any third party. You may not make any Submissions that (1) are or may reasonably be considered to be harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, lewd, pornographic, libelous, invasive of another's privacy, bigoted, hateful, or racially, ethnically or otherwise offensive or objectionable; (2) violate any law, statute, ordinance, or regulation (including, but not limited to those governing export control, intellectual property, consumer protection, unfair competition, antidiscrimination, or false advertising), or advocate or provide instruction on dangerous, illegal, or predatory acts, or discuss illegal activities with the intent to commit them; (3) advocate violent behavior; (4) pose a reasonable threat to personal or public safety; (5) contain violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes; or (6) are known to You to be false, inaccurate, or misleading (collectively, "Unauthorized Content"). 4Giving has the right, but not the obligation, to monitor, screen, block, post, remove, modify, store and review Submissions or any other communications sent through the Services at any time and for any reason, including to ensure Submissions conform to these Terms and Conditions, without prior notice to You. 4Giving is not responsible for and does not endorse or guarantee the opinions, views, advice, ratings, reviews, recommendations, statements, or other information contained in any Submission posted or sent by users. Any ratings, reviews, recommendations, statements, or other information contained in any Submission are the opinions of individual users and do not reflect the opinion of 4Giving or any of its affiliates, subsidiaries, or agents in their representative capacities, or any of their respective owners, managers, officers, employees, or representatives in such representative capacities. Representations and Warranties of You You hereby represent and warrant to 4Giving that (i) all information provided by You is true, complete, and accurate in all respects, (ii) You will maintain the accuracy of such information and promptly update such registration information as necessary, (iii) You are authorized to grant 4Giving any and all licenses contained herein, (iv) You are authorized to use the Services within the restrictions of these Terms and Conditions, and (v) You will not use the Services for any illegal purpose. 4Giving is authorized to rely upon the truthfulness, completeness, and accuracy of any information provided by You in order to serve You. If You are agreeing to these Terms and Conditions on behalf of an entity, the person agreeing to the Terms and Conditions hereby represents and warrants that he/she/it has the power and authority to bind the entity and that these Terms and Conditions constitute a valid and binding agreement of the entity. Disclaimer of Warranties THE MATERIALS IN THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4GIVING LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4GIVING LLC DOES NOT WARRANT THAT THE FUNCTIONS AND THE MATERIALS CONTAINED OR ACCESSED THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4GIVING LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL CONTAINED OR ACCESSED THROUGH THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Site Contents Information contained or accessed through the Services are provided with the understanding that 4Giving is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs. 4Giving does not endorse any of the organizations listed on the Services, and is not responsible or liable for any of the Contents or other materials on the Services. You acknowledge and understand that 4Giving simply acts as a passive conduit and an interactive provider for the publication and distribution of the Contents of the organizations listed on the Services. 4Giving does not have any duty or obligation to investigate the accuracy of the Contents, any Submission posted or sent by You or other users, or the qualities of any organization listed on the Services. Links to Other Mobile Apps, Websites, Electronic Services, and Other Mediums The Services may be linked to other mobile applications, websites, electronic services, and other mediums ("Other Instruments") that are not maintained by 4Giving. 4Giving is not responsible for the content of those Other Instruments. Consequently, 4Giving cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in Other Instruments listed on or otherwise linked to the Services. The inclusion of any link to Other Instruments does not imply any endorsement by 4Giving. 4Giving makes no representations whatsoever about Other Instruments which You may access through the Services. Please exercise discretion and caution while using the Services and the Internet. Other Instruments may send their own cookies to users, collect data, solicit personal information, or contain information You may find inappropriate or offensive. Please keep in mind whenever You give out personal information online, that information can be collected and used by people You do not know. While 4Giving strives to protect your personal information and privacy, it cannot guarantee the security of any information You disclose online. You make such disclosures at your own risk. 4Giving reserves the right to disable links from Other Instruments contained on or accessed through the Services. Inaccuracy Disclaimer The materials contained or accessed through the Services may include technical inaccuracies, typographical errors, or omissions. 4Giving reserves the right, but is not obligated, to correct any errors, inaccuracies, or omissions, and to change or update Content on the Services at any time. Limitation of Liability; Indemnification Under no circumstances, including, but not limited to, negligence, shall 4Giving be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use the Services, or any other mobile application, website, computer, electronic services, or other medium that is linked to the Services, regardless of whether 4Giving has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In no event shall 4Giving's total liability to You for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by You, if any, for accessing the Services. By using the Services, You agree that it is your sole responsibility to evaluate the risks associated with the use of the Services, and the legality of any information, responses, writings, or other materials that You submit, access, transmit, or otherwise convey through the Services. Under no circumstances will 4Giving be liable in any way for your use of any Contents or materials submitted, accessed, transmitted, or otherwise conveyed on the Services, whether by You, other users, or any of the organizations listed on the Services. You hereby waive any claims, rights, or actions that You may have against 4Giving or any of its affiliates, subsidiaries, or agents (the "Released Parties") with respect to your use of the Services and You hereby release the Released Parties from any and all liability relating to your use of the Services, except for any willful misconduct on the part of the Released Parties. You agree to indemnify and hold the Released Parties, and their respective owners, managers, officers, employees, or other representatives harmless for any damages that may arise, directly or indirectly, from any claim or right You may have against the Released Parties with respect to your use of any of any Contents or materials submitted, accessed, transmitted, or otherwise conveyed on the Services. Reporting of Abusive or Unlawful Submissions or Content If You have knowledge of any Unauthorized Content on the Services, 4Giving would like to know. Please send an email to [email protected], describing the Unauthorized Content in detail, including the general area on the Services where the Unauthorized Content is found and the date and time viewed. 4Giving will make every effort to investigate and remove Unauthorized Content from the website. Jurisdictional Issues This publication may be distributed internationally and may contain references to programs, products, and services that are not available in your country, state, or particular location. These references do not imply that 4Giving intends to announce or provide programs, products, or services in your country, state, or particular location. Unless otherwise specified, the Contents on the Services are presented solely for these purposes of promoting programs, products, services, and other content available in the United States and its territories, possessions, and protectorates. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are intended for users who are at least eighteen (18) years old. Persons under the age of eighteen (18) are not permitted to register on the Services, and must have the permission of, and be directly supervised by, their parent or guardian while using the Services. Persons under age of eighteen (18) must have their parent or guardian read and agree to these Terms and Conditions, prior to using the Services. General Provisions These Terms and Conditions shall be governed and be interpreted pursuant to the laws of the State of Minnesota and the United States of America, notwithstanding any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Services shall be filed only in Olmsted County District Court, Third Judicial District, State of Minnesota. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Services. Termination These Terms and Conditions are effective until terminated by either party. You may terminate these Terms and Conditions at any time by (i) discontinuing use of the Services, and (ii) destroying all Contents obtained from any and all such use of the Services and any related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise. Your access to the Services may be terminated immediately without notice from 4Giving if in its sole discretion You fail to comply with any term or provision of these Terms and Conditions. Upon termination, You (i) will be prohibited from using the Services, (ii) must cease use of the Services, and (iii) destroy all Contents obtained from such use of the Services and all copies thereof, whether made under these Terms and Conditions or otherwise. Fees; Refunds In addition to every donation that You make while using the Services, a processing fee (the "Processing Fee") and a platform administrative fee (the "Administrative Fee", and together with the Processing Fee, the "Fees") will be taken out of the donation and assessed on or after at the time of checkout. The Processing Fee assessed to You will vary depending on the type of entity that You wish to donate to and is determined by the processor. The Administrative Fee will vary depending 4Giving's tiered criteria of the organizations listed on the Services. By agreeing to these Terms and Conditions, You acknowledge that the final amount each organization receives from your transaction will be equal to the sum of the donation less the Fees. 4Giving reserves the right to change the Fees, at its sole discretion, and at any time without prior notice to You. The Fees may vary to the extent local laws are applicable. 4Giving will not refund any payment of monies or charges already paid to it. If You believe you are entitled to receive a refund of any monies paid through your use of the Services, You must contact the organization(s) that You donated to directly. How to Contact Us If You have any comments or questions regarding these Terms and Conditions, please contact 4Giving at: 4Giving LLC 1620 Greenview Dr SW Rochester, Minnesota 55902 Email: [email protected] Website: www.4Giving.com

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