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In order to use the Animal Rescue Professionals Association (“ARPA”) website (“Website“), you must agree to these Terms of Use (“Terms“). These Terms govern our relationship with You, the user, and others who interact with Soft Paws, LLC d/b/a ARPA. By using or accessing ARPA, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, immediately stop accessing ARPA and do not use any service offered through ARPA.

Due to things like changes in the law or technology, we may update these Terms from time to time. The latest version of the Terms will be available to you at all times for your review. It is your responsibility to periodically review these terms and your continued use of ARPA or our website will represent your acceptance of the Terms in their most current version.

In addition to the terms defined in the body of these Terms, for purposes of these Terms, the following definitions apply: “ARPA” means the features and services we make available, including through: (a) our Website, www.animalrescueprofessionals.org, and any other ARPA branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, software (such as a toolbar), devices or networks now existing or later developed; “Mobile App“ means the ARPA iOS/Android compatible program or bundle of programs designed for end users that runs on any device that responds to the touch of, say, a finger, stylus or other instrument by transmitting the coordinates of the touched point to a computer/touch operating system; “Information” means facts and other information about you, including actions taken by users and non-users who interact with ARPA; “Content” means anything you or other users post on ARPA that would not be included in the definition of information; “data” or “user data” or “user’s data” means any data, including a user’s content or information that you or third parties can retrieve from ARPA or provide to ARPA; “post” means post on ARPA or otherwise make available by using ARPA; “use” means use, copy, publicly perform or display, distribute, modify, translate and create derivative works of; “active registered user” means a user who has logged into ARPA at least once in the previous 30 days; “User Content” means any content, materials or information, not including personal information (as defined in our Privacy Policy), that you upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with your use of ARPA or otherwise; “us,” “we,” and “our” mean Soft Paws, LLC.

Registration of Your Account

ARPA users provide their real names and information, and we need your help to keep it that way. You may only create one ARPA account. If you select a username or similar identifier for your account or Page that we, in our sole discretion, deem to be inappropriate or otherwise in violation of these Terms, we reserve the right to remove or reclaim such username or similar identifier.?You are solely responsible for managing your account. Your account is nontransferable and may not be sold, combined, or otherwise shared with any other person. If you violate the permitted uses, prohibited uses, obligation or other limitations contained in these Terms, ARPA may terminate your account. If ARPA terminates your account, you cannot create a new account unless ARPA grants you written permission to do so. If you commit fraud or falsify information in connection with your use of the Site or your account, we will immediately terminate your account and reserve the right to hold you liable for any and all damages that we suffer, pursue legal action through relevant local and national law enforcement authorities, and notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site or your account. By registering with ARPA, you consent to receive these Terms in electronic form, periodic email communications regarding our services, new product offers, promotions and other matters and to receive email communications from other users.

Obligations and Permitted Uses of Your Account

To be able to use ARPA, you agree that:

  • you, your officers, directors, employees, contractors, agents, volunteers and affiliates will comply with all applicable rules, ordinances, laws and regulations, including, without limitation, laws regarding animal health certifications and documentation required in connection with interstate transport of animals.
  • you, your officers, directors, employees, contractors, agents, volunteers and affiliates will use all reasonable care and humane treatment in the transport of animals, including, without limitation, the pet care tips and guidelines published by the American Society for the Prevention of Cruelty to Animals.
  • all user information you provide to us will be current, complete and accurate, and that you will keep your contact information accurate and up-to-date.
  • You will not provide any false personal information on ARPA, or create an account for anyone other than yourself without permission from that other person.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our express, written permission.
  • You are an individual person at least 18 years of age.
  • You will not share your password (or in the case of developers, your secret key), permit anyone else to have access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.
  • You will notify us immediately if of any unauthorized use of your account, Username, User ID or password.

Prohibited Uses of Your Account

We do our best to keep ARPA safe, but we cannot guarantee it. We need your help to keep ARPA safe. By using or accessing ARPA, you are prohibited from engaging in the following activities on ARPA, you agree that you will not:

  • post unauthorized commercial communications (such as spam) on ARPA or use ARPA or the Website to send unsolicited email, including, without limitation, promotions or advertisements for products or services.
  • use ad-blocking software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising, or modify or change the placement or location of any advertisement appearing on the Website.
  • attempt to probe, scan, or test the vulnerability of the ARPA, the Website, any Mobile App or any associated system or network, or breach security or authentication measures without proper authorization.
  • collect users’ content or information, or otherwise access ARPA, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • engage in unlawful multi-level marketing, such as a pyramid scheme, on ARPA.
  • upload viruses or other malicious code.
  • solicit login information or access an account belonging to someone else.
  • interfere or attempt to interfere with the use of ARPA, the Website or any Mobile App by any other user, host or network, including, without limitation, by means of submitting a virus, overloading, “flooding” “spamming,” “mail bombing,” or “crashing.”
  • forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, ARPA, the Website or any Mobile App.
  • attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing ARPA, the Website or any Mobile App. Any violation of this section may subject you to civil and/or criminal liability.
  • bully, intimidate, or harass any user.
  • post content that: is hate speech, libelous, defamatory, threatening or pornographic; incites violence; obscene, lewd, lascivious, or contains nudity or graphic or gratuitous violence; or is generally offensive or in bad taste, as determined by us.
  • develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  • use ARPA to do anything unlawful, misleading, malicious or discriminatory.
  • do anything that could disable, overburden or impair the proper working or appearance of ARPA, such as a denial of service attack or interference with page rendering or other ARPA functionality.
  • facilitate or encourage any violations of these Terms or our policies.
  • Make, post, make available on ARPA or cause to be made, posted or made available on ARPA any remarks, information, feedback or other content that is deemed defamatory or otherwise legally actionable by us, other users or third-parties.
  • circumvent us and solicit our users, advertisers, suppliers and other business partners to cease doing business with us and/or terminate their business relationship with us.
  • post content or take any action on ARPA that infringes or violates someone else’s rights or otherwise violates these Terms or the law.
  • use our copyrights or trademarks
  • collect information from users unless you, prior to collecting such information: obtain their consent, make it clear you (and not ARPA) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • post anyone’s identification documents or sensitive financial information on ARPA.

Mobile and Other Devices

  • We currently provide our mobile services at no additional cost (i.e., they are included in the standard service fees), but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
  • In the event you change or deactivate your mobile telephone number, you will update your account information on ARPA within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  • You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on ARPA.

Intellectual Property and License Grants

  • Because you own your User Content, under the law, we need a license from you before we can allow the User Content to be posted on the Website. Accordingly, you hereby grant us a perpetual, irrevocable, paid-up, worldwide, royalty-free, sublicensable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use all Content, data and user content in connection with the operation of ARPA, the website, any Mobile App or any other similar or related business, in any medium now existing or later devised, including, without limitation, in advertising and publicity.
  • Everything on ARPA is either ARPA’s exclusive property or used with the owner’s permission. ARPA contains copyrighted material, trademarks, and other proprietary information, including text, software, photos, video, graphics, music, and sound, and the entire content is protected by copyright as a collective work under the United States copyright laws. Subject to your compliance with these Terms and our Privacy Policy, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use ARPA, the Website and the Mobile Apps. This license is conditioned on your compliance with these Terms and our Privacy Policy. In the event that you, your officers, directors, employees, contractors, agents, volunteers or affiliates breach any provision of these Terms or our Privacy Policy, your rights under this section will immediately terminate.
  • ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, TRANSFERRING, SELLING, CREATING DERIVATIVE WORKS FROM OR OTHERWISE MODIFYING ANY PART OF THIS SITE WITHOUT ARPA’S EXPRESS WRITTEN PERMISSION IS PROHIBITED. If you violate any part of this section, you are infringing a copyright, trademark, or other intellectual property rights and you may be subject to civil and/or criminal penalties.
  • You may download, print, or save copyrighted material for your personal use only. If ARPA grants you express written permission to copy, redistribute, or publish any copyrighted material, you shall attribute the material to ARPA and agree to not make any changes in or delete any trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
  • ARPA owns or has a license to use trademarks that are located within or on the Site. These trademarks shall not be deemed to be in the public domain but rather ARPA’s exclusive property, unless such mark is under license from the trademark owner, in which case such license shall be for ARPA’s exclusive benefit and use.

Representations, Warranties and Disclaimers

You represent and warrant that:

  • You own all rights, title and interest in and to your Content and User Content or are otherwise authorized to grant all rights and licenses provided in these Terms; and
  • All Content and User Content fully complies with our community guidelines.
  • You are solely responsible for all of your Content and User Content, including, without limitation, descriptions and profile characterizations of rescue animals. We are not responsible for the accuracy of any such Content and User Content or the consequences of any person’s reliance on such Content or User Content.
  • You understand that you may be held legally responsible for damages suffered by other Website users or third-parties as the result of any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available by you on the Website.
  • You may be held liable for any losses incurred by us (including our managers, members, employees, consultants, agents, and representatives) due to someone else’s use of your account, Username, User ID or password.
  • WE MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH OUR EXERCISE OF THE LICENSE GRANTED BY THESE TERMS.
  • YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO OUR EXERCISE OF THE RIGHTS AND LICENSES GRANTED BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY.
  • YOU WILL CONDUCT ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH OR DUE DILIGENCE WITH RESPECT TO YOUR INTERACTIONS WITH OTHER USERS OR PARTIES.

We represent and warrant that:

  • WE HAVE NOT, AND DO NOT, IN ANY WAY: (i) SCREEN OUR USERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS OR AFFILIATES (EACH, A “USER PARTY“); (ii) INQUIRE INTO THE BACKGROUNDS OF ANY USER PARTY; OR (iii) REVIEW OR VERIFY THE STATEMENTS OF ANY USER PARTY. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USER PARTIES.
  • WE DO NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ANY USER OR PARTY.
  • If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

You expressly agree that use of ARPA is at your sole risk. We, our employees, agents, vendors, third-party content providers or licensors, or any of the officers, directors, employees or agents affiliated with these entities, expressly disclaim:

  • that use of ARPA will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of ARPA, or (ii) the accuracy, completeness, reliability or content of any information provided through ARPA.
  • all representations, warranties and conditions, express or implied, as to the operation of the site or the content, statements or other information contained on the site, or the merchandise accessible or available through the site, including, those of title noninfringement, merchantability, and fitness for a particular purpose
  • all liability for damages of any kind, arising out of or in connection to:
    • any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available by you on the Website.
    • our removal of any content or information you post on ARPA if we believe that it violates these Terms or our policies.
    • any loss that you incur because of someone else using your account, Username, User ID or password, either with or without your knowledge.
  • THAT IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER PARTY’S CONDUCT IN CONNECTION WITH SUCH USER PARTY’S USE OF ARPA, THE WEBSITE OR ANY MOBILE APP, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USER PARTIES.

Reliance on Third Party Content

  • Opinions, advice, statements, or other information made available by means of the Website by third-parties are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
  • The Website is linked with the websites of third parties (“Third-Party Websites“), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third-Party Websites. WE HAVE NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, WE DO NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. WE DISCLAIM, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

Assumption of Risk and Release

  • WE TRY TO KEEP ARPA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ARPA AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ARPA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ARPA WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ARPA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIM, ACTION, LIABILITY AND/OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES OR WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  • YOU ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

Fees

  • We reserve the right to charge for access to the Website and use of ARPA and to change our fees from time to time in our sole discretion. ALL PURCHASES ARE FINAL. ALL PURCHASED ARPA CREDITS AND OTHER FEES PAID ARE NONREFUNDABLE. By opting for membership or paid services, you authorize us, or our payment processor, to charge subscription fees to the credit card, debit card, or other payment method you provide, in addition to applicable sales taxes and other applicable taxes. Your use of PayPal to pay us constitutes your binding agreement to all applicable terms in the PayPal Terms of Services and Legal Agreements. In the event of a discrepancy pertaining to fee collection, you have 10 business days from the date of the completed charge to send notification to us about the discrepancy, after which all charges are no longer subject to change. Our decision not to exercise any specific right or require performance of any specific obligation under these Terms, including without limitation the collection of monthly or annual fees from you, will not affect our subsequent ability to exercise such right or require such performance at any time thereafter.

Termination

  • If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of ARPA to you. We will notify you of such interruption or termination of service by email or at the next time you attempt to access your account. You may also delete your account at any time.
  • Any termination of these Terms automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use ARPA, the Website and the Mobile Apps. Upon termination, we may, but have no obligation to, in our sole discretion, rescind any services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of ARPA, the Website and the Mobile Apps. Subsequent to termination, we reserve the right to exercise whatever means we deem necessary to prevent your unauthorized use of ARPA, the Website and the Mobile Apps, including, without limitation, technological barriers such as IP mapping and direct contact with your internet service provider. YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF THESE TERMS WILL TERMINATE ALL OF YOUR RIGHTS IN THE PAID GOODS AND SERVICES YOU PURCHASED THROUGH THE WEBSITE. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID FEES, GOODS AND SERVICES UPON TERMINATION.
  • If we, in our discretion, take legal action against you in connection with any actual or suspected breach of these Terms, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. We will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of these Terms.
  • Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of these Terms: Privacy; Sharing Your Content and Information; Safety; Community Guidelines; Registration and Account Security; Protecting Other People’s Rights; User Content; About Advertisement and Other Commercial Content Served or Enhanced by ARPA; License (the second paragraph); Fees; Termination (paragraphs 2-4); Disputes; Indemnification; Your Interactions with Other Persons; Reliance on Third Party Content; Assumption of Risks and Releases; Limitation of Liability; Eligibility; Definitions; Notices; and Other.? For clarification, termination of these Terms will not relieve you of your obligation to pay any fees owed to us.

Disputes

  • At our election, you agree to resolve any claim, suit, cause of action, proceedings or dispute (each, a “Claim“) you have with us arising out of or relating to these Terms or ARPA, the Website or any Mobile App by neutral, binding arbitration before a representative of JAMS in Pewaukee, Wisconsin unless you and we mutually agree to a different arbitrator, who will render an award in accordance with the substantive laws of Wisconsin and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator will award costs (including, without limitation, the JAMS fee and attorneys’ fees and costs) to the prevailing party.
  • You agree that any arbitration will be limited to each Claim individually. To the full extent under the law, (i) no arbitration will be joined with any other arbitration; (ii) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (iii) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
  • This agreement to arbitrate will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or us from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN MILWAUKEE COUNTY, WISCONSIN, AND YOU WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
  • If we do not elect to resolve a Claim by arbitration, you will resolve Claim you have with us arising out of or relating to these Terms or ARPA, , the Website or any Mobile App exclusively in a state or federal court located in Milwaukee County, Wisconsin. The laws of the State of Wisconsin will govern these Terms, as well as any Claim that might arise between you and us, and all Claims relating to or arising out of these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Milwaukee County, Wisconsin for the purpose of litigating all such Claims.
  • ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO ARPA, THE WEBSITE, ANY MOBILE APP, OR THESE TERMS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS ARE SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION.

Indemnification

  • If anyone brings a Claim against us (including our members, officers and managers) related to any of the following, you will indemnify and hold us (including our members, officers and managers) harmless from and against all claims, demands, judgments, damages, losses, liabilities and expenses of any kind (including our attorneys’ fees and costs) arising from or in connection with, or in any way related to: (i) your (including your officers, directors, employees, contractors, agents, volunteers and/or affiliates) use or inability to use ARPA, the Website and/or any mobile application; (ii) the performance or failure of performance of ARPA, the Website and/or any mobile application; (iii) your (including your officers, directors, employees, contractors, agents, volunteers and/or affiliates) use of the Internet, hardware and/or any software; (iv) your (including your officers, directors, employees, contractors, agents, volunteers and/or affiliates) actions or omissions to act; and/or (v) your (including your officers, directors, employees, contractors, agents, volunteers and/or affiliates) breach of any of your obligations contained in these Terms and/or any of our policies; (vi) the incompleteness or inaccuracy of any User Content, and the consequences of any person’s reliance thereon; and (vii) your interactions with any other person (collectively, the “Indemnified Claims“). To the extent that Authorized User is an officer of an organization, then Authorized User’s agreements to hold harmless and indemnify are made in both the Authorized User’s individual and representative capacities. Although we provide rules for user conduct, we do not control or direct users’ actions on ARPA and are not responsible for the content or information users transmit or share on ARPA. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ARPA. We are not responsible for the conduct, whether online or offline, of any user of ARPA or any such user’s officers, directors, employees, contractors, agents, volunteers and/or affiliates.

Limitation of Liability

  • WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR SUCH DAMAGES ARE REASONABLY FORESEEABLE, WHETHER IN AN ACTION UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER THEORY: (i) USE OR INABILITY TO USE ARPA, THE WEBSITE AND/OR ANY MOBILE APP; (ii) PERFORMANCE OR FAILURE OF PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, COMPUTER VIRUS, DELAY IN OPERATION, TRANSMISSION OR DELIVERY OF ARPA, THE WEBSITE AND/OR ANY MOBILE APP; (iii) THE CONTENTS OR OTHER INFORMATION CONTAINED IN ARPA, THE WEBSITE AND/OR ANY MOBILE APP; (iv) ARPA SERVICES; (v) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU AND/OR YOUR AUTHORIZED PERSONS; (vi) THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES; (vii) YOUR USE OF THE INTERNET, HARDWARE AND/OR ANY SOFTWARE AND/OR INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTION TO ARPA, THE WEBSITE AND/OR ANY MOBILE APP; (viii) VIRUSES; (ix) THESE TERMS AND/OR ANY OF OUR POLICIES; AND/OR (x) ANY INDEMNIFIED CLAIMS.
  • YOUR SOLE REMEDY FOR ANY CLAIMS AGAINST US, AND OUR AGGREGATE LIABILITY, ARISING OUT OF THESE TERMS OR ARPA WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARPA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.? YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. ARPA, THE WEBSITE AND THE MOBILE APPS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Eligibility

  • BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using ARPA, the Website or a Mobile App on behalf of a company or organization further represents and warrants that they are authorized to act and enter into contracts on behalf of that company or organization.

Special Provisions Applicable to Users Outside the United States??

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with ARPA outside the United States:

  • You consent to having your personal data transferred to and processed in the United States.
  • If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on ARPA (such as advertising or payments).

Copyright Policy

You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: 1405 Capital Drive, C-206, Pewaukee, WI 53072, Attention: C.E.O.

Notices

All notices required or permitted to be given under these Terms must be in writing. We will give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU WILL BE DEEMED EFFECTIVE UPON OUR SENDING OF AN EMAIL TO THAT ADDRESS. You will give any notice to us by means of mail, postage prepaid, to Soft Paws, LLC 1405 Capital Drive, C-206, Pewaukee, WI 53072, Attention: C.E.O.

Other

  • If you are a resident of or have your principal place of business in the US or Canada, these Terms are an agreement between you and Soft Paws, LLC.
  • These Terms, together with all of our policies, makes up the entire agreement between the parties regarding ARPA, and supersedes any prior oral or written agreements relating to the subject matter hereof.
  • If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any portion of these Terms, it will not be considered a waiver.
  • Any amendment to or waiver of these Terms must be made in writing and signed by us.
  • You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  • All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in these Terms will prevent us from complying with the law.
  • These Terms does not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws when using or accessing ARPA.