Last Updated: September 16, 2022
The Pet Help and Rescue website and mobile application (collectively, the “Service”) is the property of Animal Watch, a Colorado non-profit corporation, d/b/a Animal Help Now (“AHNow,” “we,” “us,” “our”). Your download, installation, or use of the Service is subject to your agreement to the terms and conditions set forth herein (the “Terms”) and the completion of any applicable registration requirements. By accessing, registering to access, or otherwise using any part of the Service you agree to be bound by these Terms, and your use shall be deemed to be your (and if acting on behalf of a third party or entity, such third party's or entity's) agreement to abide by these Terms (references in these terms and conditions to “you” include you and any such third party or entity). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICE OR USE OUR SERVICES.
AHNow may revise, update, or otherwise change these Terms at any time by posting updated terms on the Service. Please check this page from time to time so that you are aware of any changes. All changes are effective immediately when posted and apply to all access and use of the Service thereafter. If you do not agree to any change, your only remedy is to stop using the Service. If you continue to use the Service after an update is posted, you will be deemed to have accepted the changes. If you have any questions about these Terms, please contact us at: email@example.com.
You acknowledge and understand that the Service may require utilization of your cellular phone and its service, data access or text messaging capabilities. You are responsible for any data charges incurred by your cell phone provider through use of the Service.
The Service is aimed at allowing you to get help for the domestic animals who depend on you when a need unexpectedly arises, whether in an emergency or non-emergency situation. If an unexpected need arises regarding your companion animals, you access the Service and select "I need help". The Service will then ask whether this is an emergency or a non-emergency. You must thereafter select which of your Trusted Contacts you wish to include in your request, and you are then prompted to create your request for help.
Whether you are using the Service because you may need help with your animals or because you have agreed to help someone who may need help (a "Trusted Contact"), you need to register an account via the Service. You are solely responsible for maintaining the confidentiality of your username, password and any other login credentials. You are responsible for all activity that occurs through your account, so if your credentials are used in an unauthorized manner, you must contact us immediately. You agree that you are solely responsible for your interaction with any other users of the Service, whether through the Service or through other means. AHNow is not responsible or liable for the conduct of any other user or person.
The Service may allow you to upload, or share with other users of the Service, certain information, photographs, content or other materials (“User Content”). You are solely responsible for your User Content and the consequences of submitting, sharing and publishing User Content via the Service. You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license described below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms.
You retain ownership of your User Content and hereby grant to AHNow and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, and to grant and authorize sublicenses of the foregoing, without any compensation to you or to any third party, via the Service and for AHNow' internal business purposes.
We will share your User Content with your Trusted Contacts. By designating Trusted Contacts, you grant to us permission to share your User Content with them. When you interact directly with a Trusted Contact or any other user of the Service, you are solely responsible for the information that you share. We do not control what users do with the information they obtain from other users on the platform.
You agree not to submit, upload, share, or otherwise make available via the Service, any User Content or materials that: (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person's privacy, further the commission or concealment of a crime, or are otherwise objectionable as determined by AHNow; (ii) you do not have the rights necessary to use, transmit, publish, or to grant AHNow the license as described herein; (iii) are deceptive or misrepresent your identity or affiliation with any person or entity; (iv) infringe any patent, trademark, trade secret, copyright, or other intellectual property right, or otherwise violate the legal rights (including the rights of publicity and privacy) of others; (v) contain photographs or images of people who have not given permission for their photographs to be used by you in such a manner; or (vi) otherwise violate these Terms. You acknowledge that AHNow has no obligation to monitor or screen User Content or other materials submitted to the Service. AHNow shall have the right (but not the obligation) to reject, remove, or delete any User Content and other materials for any or no reason. AHNow also has the right take any action, including legal action, with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for AHNow. YOU EXPRESSLY WAIVE AND HOLD HARMLESS AHNOW AND ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSEES, AND SERVICE PROVIDERS (COLLECTIVELY, “AHNOW PARTIES”) FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY AHNOW DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AHNOW OR APPLICABLE AUTHORITIES IN CONNECTION WITH YOUR USER CONTENT.
You must be at least 13 years of age to use the Service. If you are under 13, do not use the Service or provide any information on the Service. Your permitted download, install, and use of the Service and Information (as defined in Section 4) is limited to personal, non-commercial use. You are not granted any rights in or to the Service, any services or any information provided on or through the Service, other than the limited, non-transferrable right to download, install, or use (as applicable) the Service in accordance with these Terms and the policies and procedures that AHNow may adopt and make available on the Service from time to time.
Your permitted use of the Service is limited to the standard functionality of a mobile application or website. In no event may the Service be used in a manner that: (i) is unlawful, fraudulent or deceptive; (ii) harasses, abuses, stalks, threatens, defames, impersonates, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by AHNow to access Information; (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) attempts to gain unauthorized access to AHNow' systems, user accounts, or user personal information or login credentials; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) attempts to damage, disable or overburden AHNow' servers or networks; or (viii) fails to comply with applicable third party terms (e.g., wireless carrier terms of service). AHNow reserves the right to bring legal action against you if you use the Service in a manner that violates these Terms. AHNow' failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The Service contains information proprietary to AHNow and its business partners and customers (the “Information”) including but not limited to (i) the Service's look and feel, embodied know-how, ideas, concepts, videos, designs, images, and other content, and (ii) information and data related to AHNow, its business partners, and its or their customers or end users. You acknowledge that this Information may be treated as confidential by AHNow, its business partners, and customers and agree to take all reasonable measures to protect the confidentiality of the Information. As between you and AHNow, the Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding your User Content, are owned by AHNow. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with, and subject to all terms, conditions, and restrictions, set forth in these Terms.
You agree: (i) not to reproduce, duplicate, retransmit, copy, publicly display, sell, resell, rent, lease, lend, sublicense, distribute, publish, transfer, make available to third parties, or use the Service or Information for business or commercial purposes without AHNow's prior written consent in each instance; (ii) not to reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (iii) not to alter or remove any consent or other proprietary notice or legend on the Service or any of the Information; and (iv) not to remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other U.S. and international laws.
All rights regarding any trademarks, trade names, service marks, logos or trade dress (collectively, “Marks”) contained in, or used in connection with, the Service are expressly reserved by AHNow and its licensors. The Marks, and all associated logos or images, are registered or common law trademarks of AHNow and its licensors and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Service. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of AHNow or the applicable rights holder.
AHNow cannot and does not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. UNLESS THE SERVICE EXPLICITLY AND EXPRESSLY STATES OTHERWISE, TO THE FULLEST EXTENT PROVIDED BY LAW, AHNOW WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ALL SERVICES OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. UNLESS EXPLICITLY PROVIDED OTHERWISE HEREIN, THE SERVICE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF RESULTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE AHNOW PARTIES NOR ANY PERSON ASSOCIATED WITH AHNOW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE AHNOW PARTIES NOR ANYONE ASSOCIATED WITH AHNOW REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AHNOW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information and all other materials on the Service are provided for general information purposes only. It is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions, and other material on the Service or any website with which it is linked.
The Service may contain links to other websites, products, or services provided or maintained by third parties. An advertisement of, or link to, a non-AHNow website, product, or service does not mean that AHNow approves, endorses, or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. Such websites, products, and services are not investigated, monitored, or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied or otherwise about other websites that you may access through our Service, the content thereof, or the products or services made available through such websites. If you decide to leave the Service and access other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while accessing and using such websites. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AHNOW, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY APPS LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCLUDING ANY AND ALL DAMAGES RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICE AND SERVICES IS TO STOP USING THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold harmless AHNow, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys'sfees) arising out of or relating to: (i) your violation of these Terms, any other agreement you have entered into with AHNow, and any representation or warranty contained herein or therein; (ii) your use of the Service, including, but not limited to, your use of information obtained from the Service, your connection to the Service, and any activity related to access to or use of your account by you or any other person; (iii) your User Content; (iv) your violation of any third party right, including without limitation any intellectual property or privacy rights; (v) your activities in connection with obtaining any services from us; or (vi) your violation of applicable law. AHNow reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AHNow in asserting any available defenses, and you will reimburse AHNow for all costs incurred in its assumption of the defense.
We reserve the right at any time, and from time to time, to withdraw, amend, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) or the information, materials, or the Service (or any part thereof), in our sole discretion without notice. AHNow may, from time to time. in its sole discretion, develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that AHNow has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Service will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.
From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. We reserve the right to deny use of or force forfeiture of any username for any reason at any time. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, discontinuance, or restricted access to any part of the Service or any username. Your violation of these Terms may, in AHNow's sole discretion, result in termination of your account or Service access. In the event of termination of your account or your access to the Service, your User Content will no longer be accessible to you through your account. You may terminate these Terms by discontinuing all use of the Service and deleting the Service and all copies thereof from your device. Any later download, install, or use the Service thereafter shall be subject to the then current version of these Terms. Termination will not limit any of AHNow's rights or remedies at law or in equity.
These Terms shall be subject to, governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. The Service is operated from the State of Colorado and is intended to be accessed only by persons in the United States.
You hereby consent and waive all objections to the exclusive jurisdiction of the appropriate state court in Boulder County and federal court in Denver County in the State of Colorado and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Service. However, AHNow retains the right to bring legal proceedings in any jurisdiction where we believe that a violation of these Terms is taking place or originating from.
If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the remaining provisions of these Terms shall in no way be affected or impaired.The following rights and obligations shall survive termination of this Agreement: (i) your representations and warranties, indemnification obligations, and use restrictions; (ii) AHNow's limitation of liability, waiver of warranties, and intellectual property rights; and (iii) any other right or obligation of the parties in this Agreement that, by its nature, should survive termination of this Agreement. The relationship between AHNow and you, as established by these Terms, is that of independent contractors, and nothing contained herein shall be construed to constitute either party as the agent of the other party, or as partners, joint venturers, co-owners, employers/employees, franchisors/franchisees, or otherwise as participants in a joint or common undertaking. AHNow exercises no control over you other than the ability to limit or terminate your ability to use the Service. AHNow may assign its rights and responsibilities hereunder without notice to you, and these Terms will inure to the benefit of AHNow' successors, assigns, and licensees. AHNow' failure to exercise or enforce any right or provision of these Terms, or its delay in taking actions permitted herein, does not constitute a waiver of any of the rights or permissions granted herein, including its right to enforce these Terms to the fullest extent possible. AHNow' failure to act with respect to a breach by you or others does not waive AHNow right to act with respect to subsequent or similar breaches. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. For purposes of these Terms, the word “including” and correlative terms shall mean inclusion without limitation, and the word “or” is not exclusive. Any headings contained herein are used only as a matter of convenience and reference, and are in no way intended to define, limit, expand or describe the scope of these Terms. All references to these Terms and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to these Terms as a whole and not to any particular section. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
To the extent that you access or use any portion of the mobile application version of the Service via Apple Inc. or another mobile application platform provider (collectively, “Platform Provider”), you acknowledge and agree that these Terms are between you and AHNow, not with Platform Provider, and Platform Provider is not responsible for the Service or the functionality or content thereof. Platform Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Your right to use the Service through a Platform Provider is limited to use on devices that you own or control, unless you are accessing and using the Service via a permitted account on a family sharing or volume purchasing plan.