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Terms and Conditions

The design of this web site and all materials published on it by the Alliance for Contraception in Cats & Dogs (ACC&D), including text, names, trademarks, service marks, logos, graphics, photographs, video, or other visuals or content are the property of ACC&D and are protected by copyright, trademark, and other intellectual property laws. ACC&D authorizes you to view and download content from this website only for your personal, non-commercial use and only if you keep on any copies all copyright and other proprietary notices contained on the original materials. You agree you will not otherwise reproduce, retransmit or distribute, in any manner or to any extent whatsoever, any part of this web site, its design or content published by ACC&D, without the prior written permission of ACC&D. Permission will only be granted if you agree to give credit to the author and to ACC&D. Note: Resources available on the ACC&D website (www.acc-d.org) are available for use and reproduction without written prior consent so long as credit is appropriately given as stated above.

If you would like permission to reproduce any other ACC&D materials on this web site, please contact us at info@acc-d.org. Please specify the URL and content you would like permission to reproduce. Reproduced text may not be modified or altered in any way without our express written consent. The content permitted to be copied as specified above does not include the layout or design of this web site. Those elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. Also, no logos, graphics, sounds, or images on this web site may be reproduced or distributed without ACC&D’s express written consent. 

Postings or uploads to member profiles, group pages, forums, or blogs 

By posting content, including but not limited to text and photographs, to any Group Pages, Member Profiles, forum or blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use under copyright law. You agree you will not knowingly provide content with intent to defraud or submit misleading or false information. You represent and warrant also the content you supply does not violate these Terms and you will indemnify and hold ACC&D harmless for any and all claims resulting from content you supply.

By uploading or posting to a Group page, Member Profile, forum or blog, you are granting ACC&D a non-exclusive, royalty-free, assignable, perpetual, irrevocable, and worldwide license to reproduce, use and distribute your content. ACC&D will make an effort to credit your authorship.

You understand and agree all content posted to Group pages, Member Profile, forums and blogs is the sole responsibility of the individual who originally posted the content. ACC&D does not necessarily approve of and is not responsible for and disclaims any and all liability that may arise from content posted by you or other individuals or groups on the Group pages, Member Profiles, forums or blogs. If you believe any content posted by others is infringing or otherwise objectionable, please notify us at info@acc-d.org.
 
You agree that ACC&D has the right in its sole discretion to edit, alter, or remove any content submitted by you or others to the site.

User Conduct 

ACC&D is a not-for-profit animal welfare organization established to advance non-surgical fertility control for dogs and cats. Please do not post personal attacks or excessive and explicit criticism against any individuals or other animal welfare organizations. You may not create and use multiple login ID's for the purpose of disrupting the community or annoying other users. 

In addition, you are prohibited from uploading, posting, emailing or otherwise transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, e-mail or otherwise transmit any confidential information, trade secrets, "junk mail," "spam," "chain letters, "pyramid schemes," any other form of solicitation, or software viruses. 

ACC&D reserves the right to remove in its sole discretion any upload or posting that violates these Terms of Use. We reserve the right to take all available and appropriate legal action to protect this web site and its contents from such misuse and abuse.

Disclaimers

Your access to and use of this website and documents contained herein is at your sole risk. You are entirely liable for your activities related to this site. ACC&D does not warrant (A) the accuracy, completelness, timeliness, or other characteristics of any content available on or through this website and its resources; (B) that this website will be available for access all the time or at any time on a continuous, uninterrupted basis; (C) that any defects in the website or its content can or will be corrected; or (D) that this website or its server are free of viruses or other harmful code or materials. This website and its contents are provided “as is.” ACC&D makes no representation or warrnaty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. You must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completelness, or usefulness of the content. ACC&D is not responsible for any damage to your computer, hardware, software, property or person, or any other inconvenience or loss, resulting in any way from your use of this website and its content.

Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content and services available through this site.

Disclaimer and release of liability

Under no circumstances shall ACC&D be liable for any damages, including direct, incidental, special, consequential or punitive damages, that result from the use of or the inability to use this website or the information contained on this website, even if ACC&D has been advised of the possibility of such damages.  You agree never to bring a claim against and release ACC&D and its employees, agents, officers, directors, agents, founders, and its successors and assigns from all liability arising from access, uploads, postings, e-mails, downloads, or other use of the website (including but not limited to group pages, member profiles, forums, and blogs) and linked sites. You understand that this agreement discharges ACC&D and its employees, agents, officers, directors, agents, founders, and its successors and assigns from any liability to you with respect to bodily injury, personal injury, injury to reputation, defamation, illness, death, property damage or other loss that may occur as a result of access, uploads, postings, e-mails, downloads, or other activities or use related to the website, its group pages, member profiles, forums, and blogs and their content and linked sites.

Indemnification 

You agree to defend, indemnify, and hold ACC&D and its employees, agents, officers, directors, agents, founders, successors and assigns harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your access, uploads, postings, emails, downloads or other use or misuse of this web site, the Group Pages, Member profiles, forums and blog, and linked web sites. ACC&D may participate in the defense of any claim or action and any negotiations for settlement at your expense. ACC&D reserves the right, upon notice to you, to assume exclusive defense and control of any claim or action against it that is subject to indemnification by you, without relieving you of your indemnification obligations.

Interpretation 

If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any condition of the Terms of Use or Privacy Policy term shall be a waiver of that or any other term or condition.

Links to third party sites 

This web site may contain hyperlinks to web sites operated by persons or entities other than ACC&D. If you decide to access or use any such third party web sites, you do this entirely at your own risk. The linked sites are not under the control of ACC&D and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACC&D of the site.

Choice of law and forum 

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the District of Columbia, excluding choice of law provisions. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the District of Columbia, and you further agree and submit to the exercise of personal jurisdiction of those courts for the purpose of litigating any such claim or action.

ACC&D controls this web site from its offices in the United States of America. ACC&D makes no representation that information and materials on this web site ("Materials") are appropriate or available for use in other locations, and access to them from territories where their content is 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. Any rights not expressly granted herein are reserved by ACC&D.

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