FIV Cat Resue’s mission is to stop discriminatory FIV+ killing, support FIV+ supporters, and create a healthy, humane, and permanent solution for all cats.. This website represents that mission on the web. The following are our terms and conditions for use of our website. Please enjoy.

FIV Cat Rescue. (“FIV Cat Rescue”) owns and operates the fivcatrescue.org site (“Site”). The following Terms of Use (“Terms”) govern your use of the Site.

By using the Site, you agree to be bound by these Terms. These Terms are a legal contract between you and FIV Cat Rescue.

Site Description

The purpose of the Site is to provide information, resources, and related services relating to promoting and advocating for the humane treatment and care for FIV+ cats, and all cats.

Age

The Site is intended for users 13 years of age and older. By accessing the Site, you represent that you are 13 years of age or older. Any minor who uses the site represents that he or she received permission from a parent or guardian.

Changes to Terms

FIV Cat Rescue reserves the right to change these Terms at any time. By using the Site subsequent to any change to these Terms, you agree to be bound by such changes.

Any changes to these Terms will be posted below for 30 days prior to such changes taking effect. If the changes involve how we use and/or share personally identifiable information, we will send an email to registered users concerning the changes 30 days prior to the changes taking effect.

FIV Cat Rescue Intellectual Property

Other than the exceptions referenced in these Terms or on the Site, all other content on the Site is the property of FIV Cat Rescue including, but not limited to, all marks, logos, trade names, text, documents, pictures, images, video, audio, and other electronic files (referred to hereafter as “FIV Cat Rescue Content”).

Some of FIV Cat Rescue Content is copyright protected by United States and international copyright laws and treaty provisions. None of FIV Cat Rescue Content protected by copyright may be copied, posted, edited, distributed, used to create derivative works of, or reverse engineered without express permission from FIV Cat Rescue, except that you may print out one copy of each Site page for personal, non commercial use.

FIV Cat Rescue is a service mark of FIV Cat Rescue.

User Generated and Related Content

Site users are able to post/upload their own content to certain areas of the Site (hereafter referred to as “User Generated Content”). User Generated Content may include pictures, PDF files, event flyers, Powerpoint presentations, and other types of documents.

User Generated Content remains the property of the posting user or other respective owner. In connection with User Generated Content you post/upload, you represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to such User Generated Content or otherwise have the legal right or permission to post/upload the User Generated Content; (ii) the User Generated Content does not violate the rights (intellectual property, privacy, publicity, contract, or any other rights) of any person or entity; and (iii) if the User Generated Content features or displays a person or other content protected by publicity or privacy laws, you have the proper permission or release.

You agree that FIV Cat Rescue has a royalty-free, perpetual, sub-licensable, transferrable, irrevocable, worldwide, non-exclusive right and license to use, copy, publish, distribute, modify, adapt, translate, create derivative works from, perform, and/or display User Generated Content for the purpose of operating and/or marketing the Site and related goods and services.

User Generated Content is provided on a non-confidential basis. User Generated Content is available for all users to view. If User Generated Content originates from or is shared with social media sites such as Facebook, Pinterest, or Twitter, please make sure you are familiar with the policies of those sites.

FIV Cat Rescue is not responsible for User Generated Content. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from User Generated Content you post/upload.

If User Generated Content infringes your copyright or other legal rights, you agree to release FIV Cat Rescue, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners, from all legal claims, damages, and/or lost profits, whether known or unknown, relating to any legal claims you may have regarding the User Generated Content.

FIV Cat Rescue reserves the right to comply and/or cooperate with all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of User Generated Content. You agree to waive and hold harmless FIV Cat Rescue from any claims as a result of our actions in this regard.

There may be content on the Site that is neither FIV Cat Rescue Content nor User Generated Content, and you should respect those property rights as well. All rights not expressly granted herein are reserved to FIV Cat Rescue.

The presence of User Generated Content or other information coming from third party sources does not automatically imply that FIV Cat Rescue endorses or approves the User Generated Content or other information. For example, the Site offers a calendar of events wherein many of the events are not official FIV Cat Rescue events. These events are listed for informational purposes without any representations or endorsements as to their content or substance.

FIV Cat Rescue may edit or remove User Generated Content it deems inappropriate or unrelated to the purpose of the Site. Yet, FIV Cat Rescue makes no representation that it will monitor, edit, or delete User Generated Content.

Copyright Infringement Notification

If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to FIV Cat Rescue’ designated agent for notice of claims of copyright infringement that includes:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit FIV Cat Rescue to locate the material.
4. Information reasonably sufficient to permit FIV Cat Rescue to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FIV Cat Rescue’s Designated Copyright Agent can be reached using the following information: fivcat@gmail.com, FIV Cat Rescue, PO Box 1758, Fort Bragg CA 95437. FIV Cat Rescue takes copyright infringement seriously and will remove infringing content from the Site. FIV Cat Rescue will also terminate the user account of any person determined to be a repeat infringer.

Other Intellectual Property Infringement

If you believe that any content on the Site violates or infringes your intellectual property rights, other than copyright claims referenced in the previous section, please send a detailed email to fivcat@gmail.com detailing your allegation or complaint.

Prohibited Conduct

In connection with your access and/or use of the Site, including User Generated Content you post/upload, you agree not to:

  • Violate or encourage anyone to violate any federal, state, or local laws or regulations;
  • Defame, abuse, harass, or threaten others;
  • Use offensive language;
  • Depict or promote cruelty to animals or humans except in a manner meant to bring awareness to issues related to cats that is consistent with the purpose of the Site;
  • Conduct unauthorized advertising, solicitation, or promotional activities;
  • Collect personally identifiable information or use automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site;
  • Hack into or gain unauthorized access to protected areas of the Site and/or FIV Cat Rescue computers, servers or networks; or
  • Destroy or damage any portion of the Site or any computers or systems used by FIV Cat Rescue.

The previous list is not exclusive. FIV Cat Rescue reserves the right to terminate your access to the Site for any behavior FIV Cat Rescue deems inappropriate. You agree to waive and hold harmless FIV Cat Rescue from any legal claims resulting from any action (or inaction) taken (not taken) by FIV Cat Rescue in this regard.

Response/Assistance Form

In order to help people looking for assistance or information related to cats, FIV Cat Rescue allows users to email questions or concerns to us. FIV Cat Rescue does its best to provide timely and reliable information in response to any emailed question, but it cannot guarantee that you will receive any or a timely response, or that any assistance or information you do receive will be helpful, reliable, accurate, legitimate, and/or free from incidents or errors. You agree to waive and hold harmless FIV Cat Rescue from any claims or harm you may experience as a result of relying on any information you get from us. As always, a licensed veterinarian should be consulted for any health issues related to a cat.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

THE SITE IS PROVIDED “AS IS.” FIV CAT RESCUE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WITH RESPECT TO THE SITE. FIV CAT RESCUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE AND ANY GOODS OR SERVICES OFFERED THROUGH THE SITE.

FIV CAT RESCUE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, COMPLETE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNINTERRUPTED, TIMELY, OR SECURE, NOR DOES IT REPRESENT THAT ANY ERRORS ON THE SITE WILL BE CORRECTED.

FIV CAT RESCUE DOES NOT PROVIDE VETERINARY SERVICES, AND THEREFORE NOTHING ON THIS SITE SHOULD BE DEEMED ADVICE FROM A LICENSED VETERINARIAN. YOU SHOULD CONSULT WITH LICENSED VETERINARIAN FOR ANY HEALTH ISSUES RELATED TO A CAT.

YOU ASSUME THE ENTIRE COST OF ALL REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.

Limitation of Liability

IN NO EVENT WILL FIV CAT RESCUE, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF FIV CAT RESCUE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR ANY HARM YOU EXPERIENCE RELATED TO THE SITE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FIV CAT RESCUE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION

WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO FIV CAT RESCUE FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR DO NOT AGREE TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IF THAT IS THE CASE, FIV CAT RESCUE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold harmless FIV Cat Rescue, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) FIV Cat Rescue or any of the Indemnified Parties suffer related to your use of the Site and/or your breach of these Terms. Your indemnification obligation shall survive the termination of these Terms.

Miscellaneous

In order to manage email subscriptions, manage contact information, and track donations and action history, you will need to create an account with a user name and password. You are responsible for maintaining the confidentiality of this information. If your login information is stolen or compromised, please notify FIV Cat Rescue. You are responsible for all activities through your user account.

Your use of the Site is also governed by FIV Cat Rescue’s Privacy Policy which is incorporated by reference into these Terms.

The Site may contain links to external sites not controlled or affiliated with FIV Cat Rescue. FIV Cat Rescue is not responsible for the content at the linked sites, nor does the presence of links imply that FIV Cat Rescue reviews, approves, recommends, or endorses the linked sites or web content.

Any dispute relating to these Terms or the Site are governed by the laws of California without regard to any conflict of laws’ provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of California (USA) for any litigation relating to the Site, waive any objection to the venue of any such litigation in California courts, and agree not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these Terms is determined by a court to be unenforceable, the remaining language of the Terms will remain in full force and effect.

These Terms constitute the entire agreement of the parties with respect to the Site and supersede all prior oral, written, or electronic communications, promises and proposals between you and FIV Cat Rescue.

FIV Cat Rescue’ failure to enforce any portion of these Terms is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, waiver and hold harmless promises by you, indemnity, and limitations of liability obligations shall survive the termination of these Terms.

If you need to contact FIV Cat Rescue for any reason not already specified in these Terms, please use the following contact information: fivcat@gmail.com, FIV Cat Rescue, PO Box 1758, Fort Bragg, CA 96547.