Project Heart
Website Terms & Conditions of Use
Otter Cares Foundation, a Colorado non-profit corporation (“OtterCares”) Project Heart Website Terms and Conditions of Use, effective as of April 3, 2020.
Welcome to www.myprojectheart.com (the “Website”). OtterCares provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.
PRIVACY
Please review our privacy policy, which also governs your visit to the Website, to understand our privacy practices.
GEOGRAPHIC SCOPE
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that OtterCares intends to make such products or services available in such countries.
ELECTRONIC COMMUNICATIONS
When you visit the Website, sign up for our newsletter, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of OtterCares, its affiliates, or its content suppliers, and is protected by United States and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of OtterCares, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of OtterCares, its affiliates, or its software suppliers and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of OtterCares.
LICENSE AND SITE ACCESS
OtterCares grants you a nonexclusive, nontransferable, limited right to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of OtterCares.
This right does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of OtterCares. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of OtterCares or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing OtterCares’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of OtterCares. Any unauthorized use terminates the permission or license granted by OtterCares
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
OtterCares reserved the right to refuse service, terminate accounts or, remove or edit content in its sole discretion.
Visitors may not send communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do submit material, and unless we indicate otherwise, you grant OtterCares and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant OtterCares and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify OtterCares, its related entities and its affiliates for all claims resulting from content you supply.
SERVICE DESCRIPTIONS
OtterCares and its affiliates attempt to be as accurate as possible. However, OtterCares does not warrant that service or product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
LINKS
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided by OtterCares on an “as is” and “as available” basis. OtterCares makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
OtterCares does not warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability or otherwise.
To the fullest extent permissible by applicable law, OtterCares disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. OtterCares does not warrant that the Website, its servers, any materials available for download from the Website, or e-mail sent from OtterCares are free of viruses or other harmful components. OtterCares will not be liable for any damages of any kind arising from the use of the Website or any materials downloaded therefrom, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to hold harmless and indemnify OtterCares and its affiliates, members, managers, officers, agents and employees from any claim, suit, or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
GOVERNING LAW
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the State Colorado, United States of America. By visiting the Website, you agree that the laws of the State of Colorado, United States, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and OtterCares or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Larimer County, Colorado, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate OtterCares’s intellectual property rights, OtterCares may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
As noted above, you are encouraged and advised to review the terms and conditions of use and the privacy policy posted on the Website. These policies also govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these terms and conditions of use at any time, we reserve the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.
We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the terms and conditions of use and the privacy policy at any time. You should check these terms and conditions of use and privacy policy periodically for changes. By using the Website after we post any changes to the terms and conditions of use or the privacy policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions of use and the privacy policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.
OUR CONTACT INFORMATION
OtterCares Foundation
401 W. Mountain Avenue
Fort Collins, CO 80521