Welcome to Good Shepherd Shelter’s (“Shelter,” “We,” “Us,” or “Our”) website located at www.goodshepherdshelter.org and mirrored at www.goodshepherdshelter.info (“Website”).
4. Ownership & Accessibility: This Website is owned by Good Shepherd Shelter and operated by the Shelter’s administration and staff. The Shelter administration has the right, at any time, to change or discontinue any feature or aspect of this Website, for any reason and without notice; including, without limitation, availability of equipment or software needed for accessing and utilizing this Website, changes in the law, or for other reasons
5. Copyright and Trademarks: All Website content, including but not limited to trademarks, images, audio and video clips, animation, diagrams, photographs, and any and all information of any kind in any form (“Materials”), incorporated into, published or otherwise exhibited on this Website are protected by copyright, trademark and/or other intellectual property rights. Any copying, reproducing, republishing, uploading, posting, modifying, creating derivative works of, or transmission or distribution of any Materials without express written consent is strictly prohibited and will be considered a violation of intellectual property rights. You may not store any significant portion of any Materials or the Website in any form or medium. You may not “mirror” any Materials or the Website on any other server. All other trademarks appearing on the Website are the property of their respective owners.
All suggestions, requests and feedback You may communicate to Us regarding the Website, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall be the exclusive property of the Good Shepherd Shelter. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to Us and agree to execute and deliver any assignments or other instruments or documents that We may request in order to confirm, perfect, record or enforce Our rights with respect to the Feedback.
7. Disclaimer: THE MATERIALS ON THIS WEBSITE ARE PROVIDED FOR INFORMATIONAL, EDUCATIONAL, DONATION AND/OR VOLUNTEERING PURPOSES ONLY. THE SHELTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS TO THE SUITABILITY OF THE INFORMATION CONTAINED IN THE WEBSITE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, STABILITY, COMPLETENESS AND/OR CURRENTNESS. YOU AGREE THAT YOUR ACCESS TO ANY USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE SHELTER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE 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. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL CONTENT THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY CONTENT DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE WEBSITE. NO REPRESENTATION OR WARRANTY IS MADE BY THE SHELTER OR ITS STAFF OR ADMINISTRATION THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE,” AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SHELTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR AUDIENCE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHELTER AND ITS AFFILIATES, SUPPLIERS AND PARTNERS AND EACH OF THEIR BOARDS, ADMINISTRATION, STAFF, EMPLOYEES, AND/OR OTHER REPRESENTATIVES, HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY CONTENT PROVIDED BY OR THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS FOREGOING LIMITATION APPLIES, AS EXAMPLES, BUT WITHOUT LIMITATION, TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY FAILURE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE; AND/OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
9. Dispute Resolution/Binding Arbitration/No Class or Representative Actions or Arbitrations: Please read the following section carefully because it requires You to submit to binding arbitration (jury trial waiver) of any and all disputes (other than specified intellectual property claims and small claims) with Us and limits the manner in which you can seek relief from Us (No Class or Representative Actions or Arbitrations).
9.1 Binding Arbitration of Any and All Disputes: By entering into this Agreement, you and we waive any right to a jury trial, or the right to have any dispute resolved in any court, and instead accept the use of binding arbitration. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. As used in this Agreement, “dispute” means any cause of action, claim, case, and/or controversy of any kind arising out of or in any way related to this Agreement, any amendments or addenda to this Agreement, and/or the subject matter of this Agreement.
9.2 No Class or Representative Actions or Arbitrations: You and we expressly agree that any dispute is personal to us, and any such dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither you nor we agree that a dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
9.3 The Federal Arbitration Act Applies: This Agreement affects interstate commerce and the enforceability of Section 9 in its entirety will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.
9.4 Confidentiality: The arbitrator and the parties shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
9.5 Arbitration Procedures: If you and we cannot resolve between ourselves any dispute, you and we shall promptly submit the dispute to binding arbitration at the office of the American Arbitration Association (“AAA”) located in Los Angeles, CA (“Arbitration Site”). Either party may initiate arbitration by providing written demand for arbitration (with a copy to the other party), a copy of this Agreement and the administrative fee required by the commercial arbitration rules of the AAA (“AAA Commercial Arbitration Rules”) to the AAA office serving the Arbitration Site. The arbitration will be held in accordance with the AAA Consumer Arbitration Rules as modified by this Agreement. The AAA Consumer Arbitration Rules, and other information about the AAA and arbitration, are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into this Agreement, you either (1) acknowledge that you have read and understand the AAA Consumer Arbitration Rules or (2) waive reading the AAA Consumer Arbitration Rules and waive any claim that the current AAA Consumer Arbitration Rules are unfair in any way. You and we agree that the AAA Consumer Arbitration Rules shall be subject to the terms of this Agreement, changes in procedures that the AAA may make from time to time in its AAA Consumer Arbitration Rules or successor rules to its AAA Consumer Arbitration Rules, and the following modifications:
9.5.1 As limited by the FAA, the terms of this Agreement, and the applicable AAA Consumer Arbitration Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the dispute; provided, however, that this power shall not include: (a) the power to determine the question of arbitrability, which power you and we agree shall be vested solely in a court of competent jurisdiction; or (b) the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.
9.5.2 To the maximum extent permitted by applicable law, each party shall bear the cost of preparing and presenting its case in an arbitration unless the arbitration award provides otherwise.
9.5.3 One arbitrator will be appointed in accordance with the AAA Consumer Arbitration rules within 30 calendar days of the submission of the demand for arbitration. The arbitrator will designate the time and place for the Arbitration within 30 days of appointment.
9.5.4 In order to keep costs down for both You and Us, hearings may, at Our request, be conducted telephonically or entirely upon submissions.
9.5.5 The arbitrator’s authority to grant relief shall be subject to the provisions of this Agreement, our applicable tariffs, if any, and any other applicable law. In making any award, the arbitrator will be restricted by the Limitation of Liability provisions in this Agreement (Section 5(c)), and will not be entitled to award, nor shall either party be entitled to receive, punitive, incidental, exemplary, consequential, reliance or special damages, including damages for lost profits; provided, however, that if the enforceability of any of these restrictions is limited by the applicable substantive law or by the AAA Commercial Arbitration Rules, that restriction will only be enforced to the extent permitted by such law or rules.
9.5.6 The arbitrator’s decision shall follow the plain meaning of this Agreement and shall be final, binding and enforceable in a court of competent jurisdiction.
10. Choice of Law: The Shelter is based in the United States and our services are subject to U.S. law. We make no representations or warranties that the services or content of the Website are appropriate or available for use in other locations.
With the exception that the enforceability of Section 9 is governed both procedurally and substantively by the FAA, this Agreement shall be construed pursuant to the laws of the State of California, excluding its conflicts of law rules. Your access to and use of the Services and Content may also be subject to other local, state, national or international laws.
Additionally, You agree not to: (a) use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the content on the Website; (b) use any manual process to monitor or copy any of the content on the Website for any other unauthorized purpose without the prior written consent of the Shelter; (c) use any device, software or routine that interferes with the proper working of the Website; (d) introduce any viruses, trojan horses, worms, logic bombs or other content which is malicious or technologically harmful; (e) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which any part of the Website is stored or any server, computer or database connected to the Website; (f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or (g) otherwise attempt to interfere with the proper working of the Website.
16. Last Updated: These terms were last updated on January 16, 2015.
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