Proposed Terms of Use

These Terms of Use ("Terms") apply to your access to and use of the websites, mobile applications and other online services (collectively, the "Services") provided by Animal Watch, a Colorado non-profit corporation, d/b/a Animal Help Now ("AHNow" "our" or "we"). By using our Services, you agree to these Terms If you do not agree to these Terms, do not use our Services.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at .

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at https://ahnow.org/privacy.php.

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

4. User Content

Our Services may allow you and other users to create, post, store and share content, including but not limited to messages, comments, descriptions of situations where an animal requires assistance, other text, works of authorship, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and AHNow.

You grant AHNow and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. The rights granted in this paragraph give AHNow and other users of the Services the right to provide User Content to a third-party site and its downstream users. For example, AHNow may want to share a story about animal rescue with a site like Wikipedia.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

5. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user's account without authorization from that user;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party's consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose AHNow or others to any harm or liability of any type.

Enforcement of this Section 5 is solely at AHNow's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by AHNow or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

7. Trademarks

Animal Help Now and our logos, our slogans and the look and feel of the Services are trademarks of AHNow and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks or logos mentioned on the Services are the property of their respective owners. Reference to any animal clinics, services, processes or other information by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Feedback

You are not required to provide any Feedback to AHNow to use the Services. You may voluntarily post, submit or otherwise communicate to us any suggestions, ideas, or other information about how to improve AHNow or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in AHNow's sole discretion. You understand that AHNow may treat Feedback as nonconfidential.

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify AHNow's designated agent as follows:

Designated Agent: DMCA Agent - Animal Help Now

Address: 2525 Arapahoe, E4-705, Boulder, CO 80302

Telephone Number: 303-543-0755

E-Mail Address:

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to AHNow for certain costs and damages.

10. Third-Party Content

We may provide information about third-party businesses or individuals who may be able to assist animals, third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. AHNow does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

11. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless AHNow and our officers, directors, agents, partners and employees (individually and collectively, the "AHNow Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms or misuse of the Services; or (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify AHNow Parties of any third-party Claims, cooperate with AHNow Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the AHNow Parties will have control of the defense or settlement, at AHNow's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and AHNow or the other AHNow Parties.

12. Disclaimers

OUR SERVICES ARE NOT INTENDED TO BE USED TO REPORT ANIMAL EMERGENCIES OR "NUISANCE" ANIMAL ISSUES DIRECTLY TO AHNOW. IF YOU ARE SEEKING ASSISTANCE FOR AN ANIMAL IN NEED OR FOR A "NUISANCE" ANIMAL ISSUE, YOU MAY USE THE INFORMATION AND GUIDANCE WE PROVIDE THROUGH THE SERVICES AND CONTACT THE SUGGESTED ORGANIZATIONS AND INDIVIDUALS LISTED THROUGH THE SERVICES. WE DO NOT GUARANTEE THAT AN ORGANIZATION OR INDIVIDUAL LISTED THROUGH THE SERVICE WILL BE AVAILABLE, ABLE, OR WILLING TO ASSIST WITH A PARTICULAR MATTER.

Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, AHNow does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While AHNow attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

13. Limitation of Liability

To the fullest extent permitted by applicable law, AHNow and the other AHNow Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if AHNow or the other AHNow Parties have been advised of the possibility of such damages.

The total liability of AHNow and the other AHNow Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100.00 USD.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of AHNow or the other AHNow Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

15. Dispute Resolution

The parties will use reasonable efforts to amicably resolve any disputes that may arise between them in connection with this Agreement, including prompt escalation to appropriate executives if applicable. Except as necessary to prevent irreparable harm, no party will commence a suit against the other party in connection with this Agreement unless it has given the other party written notice of the dispute and the dispute has not been resolved within thirty (30) days after the receipt of that notice.

16. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Colorado, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Colorado and the United States, respectively, sitting in Denver, Colorado.

17. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

18. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

19. Miscellaneous

The failure of AHNow to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.



Existing Terms of Use

Last Updated: October 4, 2013

Welcome to the website of Animal Help Now (“AHNow”, "we" or "us”). The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use”) apply to your use of www.ahnow.org and our mobile applications (collectively, the "Site”). By using this Site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit the Site.

We may revise or modify these Terms of Use or impose new conditions for use of this Site. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including posting on the Site or by email. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.

Limited Use; Restrictions on Use

AHNow grants you a non-exclusive, limited, non-transferable, revocable, license to access and make personal, non-commercial use of this Site in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site (the "Content”), provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the Content. You understand that we may discontinue, change, or restrict your use of this Site for any reason without notice.

In addition, you agree not to:

  • use the Site in any way that violates any applicable federal, state, local and international law or regulation;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the content on the Site; or
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Intellectual Property

This Site and the Content are protected by copyright, trademark and other applicable United States and international laws. Except for your personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site or any Content without AHNow’s written permission.

Social Media Sites and Third Party Links

The Site may include links to other websites and resources provided by third parties that are not under our control (“Linked Sites”) as well as features and functionality that allow you to interact with other websites, including various social media websites (“Social Media Sites”). AHNow provides these links, features and functionality to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. AHNow is not responsible for the contents or transmission of any Linked Site or Social Media Site, and the terms of use and privacy practices of such Linked Sites or Social Media Sites govern your use of those sites. You should carefully read the policies of any website you visit.

Linking to the Site

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Privacy Policy

All information we collect on the Site is subject to our Privacy Policy, which is incorporated herein by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data you provide to the Site is accurate.

United States Only

AHNow is based in the state of Colorado in the United States. AHNow makes no representation that the information on the Site is appropriate or available for use in other countries, and access to the Site from territories where the content of this Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND AHNOW HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER AHNO NOR ANY PERSON ASSOCIATED WITH AHNOW MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AHNOW NOR ANYONE ASSOCIATED WITH AHNOW REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability

Your use of the sITE is at your own risk. Neither AHNow nor its officers, directors, agents or other representatives will be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Site or arising out of any action taken in response to or as a result of any Content or other information available on the Site, however caused, whether based on breach of contract, tort (including negligence), or otherwise. The foregoing shall apply even if AHNow was advised of the possibility of such damages. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Violations

AHNow reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Miscellaneous

No waiver of these Terms of Use by AHNow shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of AHNow to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and AHNow with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Contacting Us

If you have any questions regarding this Privacy Policy, you may contact us at:

Animal Help Now
2525 Arapahoe, #E4-705
Boulder, CO 80302
303-543-0755