Terms & Condition
You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. While FiXiT Foundation endeavors to keep the materials on the Sites current, information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. FiXiT Foundation does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.
Restrictions on Use of Materials
Links To Other Sites
FiXiT Foundation may provide links to other Internet sites or resources. FiXiT Foundation likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by FiXiT Foundation.
You should be aware that links to the Sites may be provided from other sites, either known or unknown to FiXiT Foundation, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. FiXiT Foundation has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.
You agree that you will hold harmless FiXiT Foundation’s, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF VIRGINIA, UNITED STATES OF AMERICA. FIXIT FOUNDATION MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. FIXIT FOUNDATION MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Web Site Services
Services - The following terms apply to your use of the FiXiT Foundation donor-pet-owner matching service and the low-cost clinic locator.
Account Requirements - In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent - As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child. You should understand that we may disclose any activity under the minor child's account to the parent or legal guardian.
Posted Content - Any content other than contact or billing information submitted to FiXiT Foundation will be treated as non-confidential and non-proprietary, and you authorize FiXiT Foundation and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to FiXiT Foundation that you own or have the right to use and permit FiXiT Foundation to use such content in the manner stated above.
Availability of Service - FiXiT Foundation reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on FiXiT Foundation’s servers on your behalf. Without limiting the foregoing, you agree that FiXiT Foundation shall have no responsibility or liability for the deletion of any information, pictures, content or email provided by or stored by you on the Site, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of FiXiT Foundation. You acknowledge that FiXiT Foundation reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that FiXiT Foundation shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Pet owners - You agree that you will not misrepresent the existence of a pet or the need for a spay or neuter procedure. You acknowledge that FiXiT Foundation provides an anonymous means of communication with donors. FiXiT Foundation does not recommend communication with individuals outside of the Site. If you decide to do so, FiXiT Foundation is not liable for any damages that may occur. FiXiT Foundation recommends that parties conduct all billing through the independent clinics and refrain from sharing private contact information or billing information with each other. FiXiT Foundation recommends that parties use the low income clinic database as a reference for locating clinics that provide spay and neuter procedures. FiXiT Foundation does not guarantee the quality of such clinics and the database is for reference only. The Pet Owner and Donor are responsible for selecting an appropriate clinic. FiXiT Foundation is not liable for any damages that occur as a result of use of a clinic.
Donors - You agree that you will not misrepresent an intent to provide a spay or neuter procedure for an animal. You acknowledge that FiXiT Foundation provides an anonymous means of communication with donors. FiXiT Foundation does not recommend communication with individuals outside of the Site. If you decide to do so, FiXiT Foundation is not liable for any damages that may occur. FiXiT Foundation recommends that parties conduct all billing through the independent clinics and refrain from sharing private contact information or billing information with each other.FiXiT Foundation recommends that parties use the low income clinic database as a reference for locating clinics that provide spay and neuter procedures. The Pet Owner and Donor are responsible for selecting an appropriate clinic. FiXiT Foundation does not take guarantee the quality of such clinics and the database is for reference only. FiXiT Foundation is not liable for any damages that occur as a result of use of a clinic.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on FiXiT Foundation or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of FiXiT Foundation’s or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to FiXiT Foundation’s public image, goodwill, reputation or mission.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
You further agree that the FiXiT Foundation shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Notice of Claims of Intellectual Property Violations
LINKS TO THIRD-PARTY WEB SITES
This Site contains links to other sites operated by third parties, including third-party sites that display FiXiT Foundation trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.
FiXiT Foundation does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such Third-Party Site. FiXiT Foundation Charities makes no representation or warranty as to any products or services offered on any Third-Party Site.
By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against FiXiT Foundation for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site. However, if you have a problem with a link from this Site, please let us know at email@example.com and we will investigate and take appropriate action.
FiXiT Foundation does not knowingly solicit data from children or knowingly market to children. FiXiT Foundation is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that FiXiT Foundation receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, FiXiT Foundation will delete that information from the Sites as quickly as is reasonably practical.
Governing Law; Venue; Statute of Limitations