Welcome to the BRING PETS HOME website, located at www.bringpetshome.com (the “Site”), which is owned and operated by Bring Pets Home Foundation (“Bring Pets Home”) . BRING PETS HOME is a not-for-profit organization that raises money for animal shelters across the country. Our mission is to support shelters’ tireless efforts to provide care for pets in need—until they find loving homes or are reunited with their original owners. You can help us fulfill this mission by using the Site to shop with your favorite merchants.

The following Terms & Conditions (“Agreement”) governs your access to and use of the Site. Bring Pets Home reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of the Site. Please review this Agreement carefully. By checking the box that appears beneath the Agreement when you register for the Site, you electronically sign the Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

1. Generating Referral Fees

The Site offers links to websites owned and operated by third-party merchants that pay a referral fee to the BRING PETS HOME program if visitors purchase certain goods or services from such merchants’ websites. You can direct referral fees from these merchants to one of several shelters or to BRING PETS HOME, a not-for-profit, all of which are dedicated to providing care for pets in need.

To direct a referral fee, you must first register on the Site and choose the shelter to which you want the referral fee sent (or you can choose BRING PETS HOME and it will distribute the funds). To generate a referral fee, you will need to follow a link on the Site to a merchant’s website, make a purchase, accept delivery, and pay the merchant. The merchant will then make a payment to BRING PETS HOME that will be directed to the organization of your choosing. The amount paid by a merchant to the program varies depending on the item or service you purchased, and such payments may be subject to other terms and conditions, including adjustment in the event of returns.

Please note that you must visit our site and follow links to the merchants’ sites prior to visiting such members’ sites and making such purchases; otherwise, the organization of your choosing will not receive credit for your purchase. We suggest that you bookmark the homepage of our Site for future shopping.

2. No Responsibility for Third-Party Content

Bring Pets Home does not endorse, sponsor, recommend, or otherwise accept responsibility for any of the third-party sites listed on the Site (“Linked Sites”). Linked Sites are not under the control of Bring Pets Home, and Bring Pets Home is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes to Linked Sites. The inclusion of Linked Sites on the Site is not an endorsement by Bring Pets Home in favor of any third party.

3. Privacy

Your use of the Site will be governed by our Privacy Policy. By visiting our website, you indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

4. Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from Bring Pets Home. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and Bring Pets Home does not grant you any express or implied rights to access or use the Site for any other purpose.

5. Registration

You are required to register on the Site to direct funds to a particular shelter or BRING PETS HOME. As part of this registration process, you agree to provide accurate, current and complete information about yourself as prompted in the registration form and you agree to promptly update this information if it changes. Bring Pets Home has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete.

6. Security

You are responsible for maintaining the confidentiality of any password and username you are given to access the Site, and you are fully responsible for all activities that occur under your password or account.

7. Our Copyright Rights

This Site (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as provided in Paragraph 2, all individual articles, content and other elements comprising this Site are also copyrighted works. All copyright rights in the Site and these works are owned by us or our third-party licensors to the full extent permitted under United States law and all international laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained in this Service.

Except for content you have posted in the Community, or unless expressly permitted by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may download material from this Site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale.

8. Notice of Copyright Infringement

Just as we require users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of infringement on the Service is Claire Fisher, who can be reached as follows:

Intervet Schering Plough
56 Livingston Avenue, SP-R-3
Roseland, NJ 07068
1.862.245.3361

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

9. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all Bring Pets Home or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Bring Pets Home or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Bring Pets Home or any third party.

10. User Content and Communications

The Site contains features that allow users to post their own content and communicate with others. When your account is used to submit, post, or add content to the BRING PETS HOME community, or communicate with other users through the BRING PETS HOME community (collectively, "User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.

When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called "moral rights" in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.

Because BRING PETS HOME is a public website, we cannot guarantee that any User Submissions, even those that you don't intentionally publish, will remain confidential.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate this Agreement or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other user's submissions appear to violate this Agreement, or if any other user ever makes you feel harassed or unsafe, please contact us.

You understand and agree that User Submissions are neither owned by nor provided by Bring Pets Home, and that Bring Pets Home is in no way responsible for such User Submissions or any related conduct or practices.

11. Prohibited Uses - User Submissions

The BRING PETS HOME community is accessed by users across the country, and we require all users to be good neighbors. By using the Site, you agree that none of your User Submissions will:

(a) infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
(b) contain false statements or misrepresentations that could damage Bring Pets Home or any third party;
(c) include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by Bring Pets Home in its sole discretion;
(d) be illegal or otherwise objectionable to Bring Pets Home; or
(e) include commercial advertisements or solicitations.

12. Prohibited Uses Generally

Without limitation to the foregoing, by using the Site, you agree not to:

(a) delete or revise any material or other information of any other user or of the Site;
(b) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
(d) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer); or
(e) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(c) attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Bring Pets Home will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

13. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS." BRING PETS HOME MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. BRING PETS HOME DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRING PETS HOME DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY BRING PETS HOME, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BRING PETS HOME OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

BRING PETS HOME MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND BRING PETS HOME DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

14. Limitation of Liability

IN NO EVENT WILL BRING PETS HOME OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE BRING PETS HOME FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bring Pets Home has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Bring Pets Home’s liability in such jurisdictions shall be limited to the extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Bring Pets Home and third parties who contribute to the Site from any loss, damage, or cost (including attorneys' fees) resulting from your violation of the Agreement.

16. Choice of Law and Forum

The Agreement is subject to the laws of the State of New Jersey. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey.

17. Termination

Bring Pets Home reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Sections 7, 9, 10, 13, 14, and 15 of the Agreement shall survive termination.

18. Miscellaneous

The failure of Bring Pets Home to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bring Pets Home as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Bring Pets Home and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

19. Questions

Please contact Claire Fisher if you have any questions or comments about this Agreement.