We welcome your access and use of this website to help animals in Cabot and participate in our lifesaving efforts. As consideration for access to and use of this website, you agree to abide by these Terms of Use, including the Privacy Policy. If you do not agree to all of these terms and conditions, please do not access or otherwise use this website. These Terms of Use may be revised periodically, and we advise you to check here from time to time for any changes. Your continued use of the website shall be deemed your consent to such changes.
Intellectual Property; Use of Website Content
The design of this website and all materials published on it by Cabot Animal Support Services (CASS), including text, names, trademarks, service marks, logos, graphics, photographs, video, or other visuals or content are the property of CASS and are protected by copyright, trademark, and other intellectual property laws. CASS authorizes you to view and download the content portion of this website only for your personal, non-commercial use and only if copyright and other proprietary notice appear on the materials. You agree you will not otherwise reproduce, retransmit or distribute, in any manner or to any extent whatsoever, any part of this website, its design or content published by CASS, without the prior written permission of CASS.
If you would like permission to reproduce any other CASS materials on this website, please contact us at cass@cabotar.gov. The content permitted to be copied as specified above does not include the layout or design of this website. Those elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. Also, no logos, graphics, sounds or images on this website may be reproduced or distributed without CASS’s express written consent.
User Conduct
You are prohibited from uploading, posting, emailing or otherwise transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or software viruses. This prohibition includes gaining access to other users’ data and information, regardless of whether or not that information is disseminated.
Any allowance or encouragement of a third-party’s unlawful access or use by you is prohibited.
Any breach or attempted breach of CASS’s website security system is prohibited.
CASS reserves the right to remove in its sole discretion any upload or posting that violates these Terms of Use. We reserve the right to take all available and appropriate legal action to protect this website and its contents from such misuse and abuse.
Disclaimer
Your access to and use of this website is at your sole risk. You are entirely liable for your activities related to this site. CASS does not warrant (a) the accuracy, completeness, timeliness or other characteristics of any content available on or through this website; (b) that this website will be available for access all the time or at any time on a continuous, uninterrupted basis; (c) that any defects in the website or its content can or will be corrected; or (d) that this website or its server are free of viruses or other harmful code or materials.
This website and its contents are provided “as is.” CASS makes no representation or warranty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. You must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of the content. CASS is not responsible for any damage to your computer, hardware, software, property or person, or any other inconvenience or loss, resulting in any way from your use of this website.
CASS makes no express or implied warranty, representation, or guarantee to the breed, breed mix, sex, weight, age, size, behavior or any other descriptor of an animal on our website. Our assessments are subjective to the environment in which they were made and observations are factual and not intended to make a summary conclusion on the merchantability, fitness, or final disposition of the animal.
Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content and services available through this site.
Disclaimer and Release of Liability
Under no circumstances shall CASS be liable for any damages, including direct, incidental, special, consequential or punitive damages, that result from the use of or the inability to use this website or the information contained on this website, even if CASS has been advised of the possibility of such damages.
You agree never to bring a claim against and release CASS and its employees, agents, officers, directors, agents, founders, and volunteers, and its successors and assigns from all liability arising from access, uploads, postings, emails, downloads or other use of the and linked sites. You understand that this agreement discharges CASS and its employees, agents, officers, directors, agents, founders and volunteers, and its successors and assigns from any liability to you with respect to bodily injury, personal injury, injury to reputation, defamation, illness, death, property damage or other loss that may result as a result of access, uploads, postings, emails, downloads or other activities or use related to the website and related content and linked sites.
Indemnification
You agree to defend, indemnify, and hold CASS and its employees, agents, officers, directors, agents, founders, volunteers, and successors and assigns harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your access, uploads, postings, emails, downloads or other use or misuse of this website and linked websites. CASS may participate in the defense of any claim or action and any negotiations for settlement which will be at your expense. CASS reserves the right, upon notice to you, to assume exclusive defense and control of any claim or action against it that is subject to indemnification by you, without relieving you of your indemnification obligations.
Validity and Enforceability
If any provision of these Terms of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any condition of the Terms of Use or our Privacy Policy term shall be a waiver of that or any other term or condition.
Links to Third Party Sites
This website may contain hyperlinks to websites operated by persons or entities other than CASS. If you decide to access or use any such third party websites, you do this entirely at your own risk. The linked sites are not under the control of CASS and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CASS of the site.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Arkansas. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be in the state or federal courts located in the State of Arkansas, and you further agree and submit to the exercise of personal jurisdiction of those courts for the purpose of litigating any such claim or action.
- breaching, or attempting to breach, the website’s security systems
- enabling third parties to violate the Terms of Use