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TERMS OF USE

Last Updated: 9/1/2023

By clicking "sign in," "create account," or "complete purchase" and entering or otherwise using our website or mobile application (the "Site"), you agree to and accept these terms and conditions. Certain products and services on our Site may have additional terms that apply. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH GARDEN STATE ANIMAL RESCUE CENTER INC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED ("GARDEN STATE ANIMAL RESCUE CENTER INC."). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT A LITTLE LATER ON THAT AFFECTS YOUR RIGHTS. YOU AND GARDEN STATE ANIMAL RESCUE CENTER AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND GARDEN STATE ANIMAL RESCUE CENTER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND THE RIGHT TO A JURY TRIAL. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE TERMS CAREFULLY.

Electronic Communications

When you use our Site, or send e-mails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Accounts

In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as "Products" herein) from the Site), you must register for an account with Garden State Animal Rescue Center Inc. ("GSARC Store Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.

You are responsible for maintaining the confidentiality of your GSARC Store Account login information. You are fully responsible for all activities that are associated with your GSARC Store Account (including but not limited to any purchases, use of the Site, or correspondence from your account to Garden State Animal Rescue Center). You agree to immediately notify Garden State Animal Rescue Center Inc. of any unauthorized use or suspected unauthorized use of your GSARC Store Account or any other breach of security. When you provide Garden State Animal Rescue Center Inc. with such notice, Garden State Animal Rescue Center Inc. will suspend or otherwise secure your Account to prevent future unauthorized activity.

Order Acceptance

The receipt of an order number or an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Garden State Animal Rescue Center Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Garden State Animal Rescue Center Inc. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Garden State Animal Rescue Center Inc. reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Garden State Animal Rescue Center's sole discretion.

Risk of Loss

All items purchased from Gardenstatearc.org are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Garden State Animal Rescue Center Inc. attempts to be as accurate as possible. However, Garden State Animal Rescue Center Inc. does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered by Garden State Animal Rescue Center is not as described, your sole remedy is to return the product.

Pricing

Online prices, offers, and selection may vary between our adoption centers and Sites, and are subject to change. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation.

Permissible Uses of Site

Subject to the terms of this Agreement, Garden State Animal Rescue Center Inc. grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Garden State Animal Rescue Center Inc. may terminate this license at any time for any reason.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products, or its content without the express written consent of Garden State Animal Rescue Center Inc.; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy, or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without Garden State Animal Rescue Center Inc's express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Garden State Animal Rescue Center Inc's express written consent.

Garden State Animal Rescue Center Inc. reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Garden State Animal Rescue Center Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned and used by Garden State Animal Rescue Center Inc., including but not limited to, Garden State Animal Rescue Center Inc., the Garden State Animal Rescue Center Inc. design logo, the Garden State Animal Rescue Center Inc. Design marks, GardenStateARC.org, are registered to and/or otherwise protected by Garden State Animal Rescue Center Inc. under United States, Canada, and/or international intellectual property laws (collectively, the "Garden State Animal Rescue Center Inc. Marks"). Any use of the Garden State Animal Rescue Center Inc.  Marks without the prior written permission of Garden State Animal Rescue Center Inc. is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the Garden State Animal Rescue Center Inc. Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Garden State Animal Rescue Center inc.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

Garden State Animal Rescue Center Inc. uses a network of independent product and content suppliers, distributors, and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs, and company names or logos associated with these product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.

Limitations Regarding Information, Articles and Advice

Garden State Animal Rescue Center Inc. offers information, articles, and advice to pet parents through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat, or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your regular veterinarian or local animal hospital.

User Content

"User Content" of the Site user means any and all information and content that such user submits to Garden State Animal Rescue Center Inc. by any means, including through social media (e.g., Facebook, YouTube, Instagram, TikTik, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Garden State Animal Rescue Center Inc. Because you alone are responsible for your User Content (and not Garden State Animal Rescue Center Inc.), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Garden State Animal Rescue Center Inc. is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Garden State Animal Rescue Center Inc. may delete User Content at any time.

By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Garden State Animal Rescue Center Inc. an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Garden State Animal Rescue Center Inc. social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

Garden State Animal Rescue Center Inc. will treat any feedback, communications, or suggestions you provide to Garden State Animal Rescue Center Inc. as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Garden State Animal Rescue Center Inc. to the contrary, you agree that you will not submit to Garden State Animal Rescue Center Inc. any information or ideas that you consider to be confidential or proprietary.

Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site.

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your GSARC Store Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Garden State Animal Rescue Center Account username and password, IP address and traffic information, usage history, and your User Content.

Third Party Sites and Other Users

The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or TikTok). Such Third Party Sites are not under the control of Garden State Animal Rescue Center Inc. and Garden State Animal Rescue Center Inc. is not responsible for any Third Party Sites. Garden State Animal Rescue Center Inc. provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Garden State Animal Rescue Center Inc. will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

Disclaimer of Warranties

Garden State Animal Rescue Center Inc. intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE.” You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER Garden State Animal Rescue Center Inc. NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, Garden State Animal Rescue Center Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT SHALL GARDEN STATE ANIMAL RESCUE CENTER INC., OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH GARDEN STATE ANIMAL RESCUE CENTER INC., YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH GARDEN STATE ANIMAL RESCUE CENTER INC. OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID GARDEN STATE ANIMAL RESCUE CENTER INC. IN THE PRIOR 12 MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OR IT IS OTHERWISE WAIVED AND TIME-BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You agree to indemnify and hold Garden State Animal Rescue Center Inc., our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Garden State Animal Rescue Center Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Garden State Animal Rescue Center Inc.. Garden State Animal Rescue Center Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Dispute Resolution and Arbitration Agreement

The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court (as set forth below), any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved in binding individual arbitration if it cannot be resolved informally consistent with the mandatory procedures set forth below. Dispute shall have the broadest possible meaning and include claims that arose before this or any prior Agreement and claims that might arise after the termination of this Agreement. This Dispute Resolution and Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”).

A party shall retain the right to have a Dispute heard in small claims court (at any time prior to the appointment of an arbitrator) assuming the claim(s) falls within the jurisdictional limits of small claims court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction. This Dispute Resolution and Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Respect for Copyright Law

Garden State Animal Rescue Center Inc. respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Garden State Animal Rescue Center Inc's Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the Site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our Administrative Team:

  1. your physical or electronic signature;

  2. identification of the copyrighted work(s) that you claim to have been infringed;

  3. identification of the material on our services that you claim is infringing and that you request us to remove;

  4. sufficient information to permit us to locate such material;

  5. your address, telephone number, and e-mail address;

  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

You may submit your counter notification to Garden State Animal Rescue Center Inc's Administrative Team by mail as set forth below:

Garden State Animal Rescue Center
P.O. Box 212
Manalapan, NJ, 07726

 

General

We reserve the right to make changes to our Site, this Agreement and other service terms, such as our Privacy Policy at any time. Each time you use our Site, you should visit and review the current terms that apply to your transactions and use of our Site. If you do not agree to be bound by the current terms, your sole remedy is not to use our Site. Except as otherwise provided herein, if any terms of this Agreement or other service terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the FAA and the laws of the State of New Jersey without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. Except as otherwise provided herein, if any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Garden State Animal Rescue Center Inc's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

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