MATCH-UP II WEBSITE TERMS OF USE

Acceptance of Terms of Use

The MATCH-UP II shelter dog rehoming program and the website matchupii.arlboston.org (the “Website”) is operated by the Animal Rescue League of Boston (“ARL”). Throughout these Terms of Use, the words “we,” “us,” and “our” refer to ARL. ARL is a registered 501(c)(3) non-profit organization. ARL hereby grants you a limited, non-exclusive, fully revocable license to use and access the Website and its features as set forth in these Terms of Use, provided that your use of the Website is contingent upon your acceptance of and compliance with these Terms of Use. By using the Website you acknowledge that you have read and have agreed to these terms. If you do not agree with these Terms of Use, please do not access or use the Website.

Ownership of Content

The content at the Website, including its database comprised of dog behavior data, is owned by ARL. You agree to not engage in the use, copying, or distribution of any such Website content other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose.

To the extent that you key textual content in which you own copyrights into the Website, including its database entry fields, you are permitting such content to be viewed, posted or published at the Website, through Match-Up II database print reports and through other means and you hereby grant to ARL a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store such content as ARL sees fit, including to publish, reproduce, distribute and display such content in connection with the Website and ARL’s (and its successor’s) business in any format.

Minimum Age Requirement to Use the Website

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Website is not intended for children under the age of thirteen (13). If you are under 13 years of age, then please do not use the Web site and exit now.

Disclaimer of Warranties

WEBSITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARL DOES NOT MAKE, AND DISCLAIMS, ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE WEBSITE, THE WEBSITE CONTENT, OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE WEBSITE TO THE EXTENT PERMITTED BY LAW. ARL DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ARL, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THE WEBSITE OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES PROVIDED ON THE WEBSITE.

Indemnification

You agree to indemnify and hold harmless ARL, its officers, employees, volunteers, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Governing Law and Venue

Your use of the Website constitutes an agreement between you and ARL. This agreement, which consists of the terms and conditions set forth herein, shall be governed by, construed under and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. You acknowledge and consent to jurisdiction in the Commonwealth of Massachusetts. Any action in connection with, relating to and/or arising from this agreement shall be brought exclusively in the Commonwealth of Massachusetts, in a federal or state court of competent jurisdiction.

Access Termination

This agreement is effective unless and until terminated by either you or ARL. You may terminate this agreement at any time by discontinuing use of the Website. ARL may also terminate this agreement at any time without notice, and accordingly deny you access to the Website, for any reason, including if in ARL’s sole discretion you fail to comply with any term or provision of these Terms of Use. Possible evidence of use of any of the Website for illegal purposes may be provided by ARL to law enforcement authorities in the discretion of ARL.

Linking

These Terms of Use apply only to the Website. The Website includes links to other third party websites that are not under the ARL's control. ARL is not responsible for the terms and conditions, privacy practices or the content of any website linked to from the Website. You acknowledge that when you leave the Website and access a linked site you do so at your own risk and that ARL does not endorse any linked website.

No Interference with Operation of Website

You may not use any robot, spider, scraper, or other automated means to access the Website, the Match-Up II database or content or services provided on the Website for any purpose. You may not post content on the Website that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information (as defined below). You shall not attempt to make the Website unavailable through denial-of-service attacks or similar means. You shall not use any contact information about other Website users to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM.

Website for Non-Commercial Use Only

The Website and its content may not be used in connection with any commercial endeavors. Website users with individual commercial interests may not solicit or overtly promote their products or services within the Website.

Privacy

You agree that you have read, understood and accept ARL’s Privacy Policy. This policy explains ARL’s collection of personal and non-personal information from you when using the Website and its use of and sharing of such personal and non-personal information.

International Users

ARL makes no claims that information on the Website is appropriate or may be downloaded outside of the United States. Individually identifiable information (“Personal Information”) that is submitted to this Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that ARL may collect and use your Personal Information and disclose it to other entities outside your resident jurisdiction. In addition, such Personal Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Personal Information that is available in other countries. By providing us with your Personal Information, you acknowledge that you consent to the transfer of such Personal Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Website.

Modifications

ARL reserves the right to modify these Terms of Use at any time by posting such change here. Your continued use of the Website after such change is made constitutes acceptance of and agreement to be bound by the Terms and Use as modified.

Miscellaneous Terms

MATCH-UP II and the MATCH-UP II logo are trademarks of ARL. You agree not to display or use these trademarks in any manner without ARL's prior, written permission.

ARL may assign this agreement at any time to a subsidiary or parent organization or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

This is the entire agreement between the parties related to the use of the Website. If any provision of these Terms of Use is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of these Terms, please email us at matchupii@arlboston.org, or contact us at (617) 226-5697.

Effective February 28, 2011