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Proprietary Materials
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The information contained on this website, as well as the design and layout of the website, contains elements protected by trade dress or other laws, and may not be copied or imitated in whole or in part. No text, logo, or graphic on this website may be reproduced and/or disseminated without the express written permission of Developing Minds, a California Nonprofit Public Benefit Corporation ("Developing Minds"). Thanks for visiting our website and reviewing our privacy policy!
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Privacy Policy
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At Developing Minds, we respect your privacy. Developing Minds is committed to preserving the privacy of its volunteers and visitors to this website. The registration form requires volunteers and visitors to provide certain contact information. This information may be used to provide you with an efficient and customized experience when you log in, to track volunteer projects, to communicate with volunteers about upcoming volunteer opportunities and Developing Minds events, and to thank you for your support. From time to time, Developing Minds may share the contact information you have provided with key partner nonprofit or charitable organizations so that they may send you material that you may find useful. Developing Minds does not sell, rent, or otherwise exchange donor lists.
Our primary goals in collecting personal information are to provide you with a smooth, efficient, and customized experience, to send you information upon your request, and to thank you for your support of the causes we support.
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Personally-Identifiable Information
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Developing Minds's registration process requires both volunteers and participating nonprofit organizations to provide Developing Minds with personally-identifiable information including each user's name, location, email, and relevant background information. Developing Minds uses the personally-identifiable information to set up a user profile, which each user can customize, update, or delete. Developing Minds also keeps a history of each user's use of Developing Minds services, including volunteer hours worked with partner organizations, TimeRaiser participation, or MindShare participation. We may use such information to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout and services. However, Developing Minds will not use your email address for any purpose other than to communicate with you, unless we have your permission otherwise. Developing Minds reserves the right to disclose personally-identifiable information to the extent we believe it is reasonably necessary to prevent a crime or an injury to ourselves or third parties and to the extent we are required to do so by law, by order of a court, an administrative agency, or in response to a request by law enforcement. We may also disclose personally identifiable information, with or without prior notice to you, when we believe that the law requires it, in response to subpoenas or at the demand of governmental agencies, to protect our systems or business, to protect other visitors to the web site, or to respond to an emergency. If you partake, or we reasonably suspect you of partaking in any illegal activity we may also disclose your personally identifiable information, even without a subpoena, warrant or court order. We may also make disclosures of your personally identifiable information with your affirmative consent.
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Aggregate Information
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Developing Minds may also collect anonymous, aggregate and statistical data, such as the number and frequency of visitors to this site. This information may include which URL you visited prior to viewing the Developing Minds site, which URL you visited after viewing our site, what browser you are using, and your IP address. Developing Minds may also use personally-identifiable information to determine aggregate data, such as the proportion of men to women among our registered users and the portions of the site most often used by a particular subset of users. However, Developing Minds will not use aggregate information to create personally-identifiable information, e.g., we will not attempt to learn which pages of our website you personally have visited most often, nor will we disclose any information collected through "cookies" in a way that identifies you personally.
This aggregate data may be used, however, to determine the general preferences of our registered users, evaluate and enhance the performance of our website, generate anonymous statistics for the benefit of the nonprofit organizations that participate in our services, or help our business partners understand how our services are used. In addition, we may aggregate data and disclose such information in a non-personally identifiable manner to third parties for marketing and/or promotional purposes. In these situations, we will not disclose any information that could be used to identify you personally.
In the course of doing business, we may employ other companies and individuals to perform a variety of services to us. For example, we may hire agencies to analyze website usage data, or to send you the information you request. These agents we will be required to maintain all information of Developing Minds' users in confidence.
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Cookies
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"Cookies" are small data files that are written and stored on your hard drive; each web site can send its own cookie to your browser if your browser preferences allow it. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site, and you may be required to re-enter your password more frequently during a session.
Cookies help us to provide customized services and information that is targeted to your interests. We use cookies to tell us how and when pages in our site are visited, what our users' technology preferences are and whether our site is functioning properly. Whether or not the data and information received from cookies is correlated to any specific user, we do not, and will not, disclose, sell, rent or share any data or information derived from cookies with any third parties except for personally identifiable information saved in cookies when you register for or enroll in a program or service as we disclose in accordance with this Privacy Policy.
Additionally, you may encounter cookies or other similar devices on our site that are placed by third parties. We do not control the use of cookies by third parties.
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Log Files
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We may also review data and information contained in log files located on our web server, which record the date and time of each visit to our web site, the user's IP (internet protocol) address, the referring IP address or domain (the prior web site visited), and the files viewed on our web site (including HTML pages, graphics, etc.). We use log file information to analyze data in the aggregate to determine the trends and usage of our site. We can not correlate the log data to identify specific users.
We do not, and will not, disclose, sell, rent or share any information derived from log files with any third parties other than as otherwise stated in this Privacy Policy.
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Links to Other Websites
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Developing Minds tries to ensure that the links on its website send visitors to other helpful sites. However, links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Please note that this Privacy Policy applies only to this site and not necessarily to other companies' or organizations' sites to which we link. We encourage our users to be aware of the varied privacy policies of web sites that they visit. Developing Minds is not responsible for the materials or content contained at any website linked to this site and assumes no responsibility for the content of such websites. Developing Minds shall not be responsible for any loss or damage to computer systems which may result from the information on this website or any other website linked to it. You are solely responsible for how you use any external site linked from this website. We will not link to any website that exhibits hate, bias or discrimination. Furthermore, we reserve the right to deny or remove any link that contains misleading information or unsubstantiated claims, or is determined to be in conflict with our mission or policies.
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Children's Privacy
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We are concerned about the safety and privacy of children who use the Internet. Although we encourage children to learn more about our organization and opportunities to serve their communities, we strongly encourage that this be done with parental supervision. Furthermore, if you are younger than 13, please do not provide any personally identifiable information in connection with your use of the website.
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Disclaimer of Liability
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In no event shall Developing Minds, its Board of Directors, agents and/or employees, be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with, use of, or reliance on, any information, products, or services available on or through this web site. Developing Minds, its Board of Directors, agents and/or employees shall not be held liable, and do not assume responsibility, for any improper or incorrect use of this web site. This disclaimer of liability applies to any damages or loss, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record(s), whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Users of this web site should be aware that periodic changes may be made to the information provided on this web site. Also, users should be cautious about information from this web site that is obtained through sources other than Developing Minds' web pages, as electronic data/information can be altered or become out-of-date subsequent to original distribution.
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No Warranties
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DEVELOPING MINDES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY, SUITABILITY, OR SAFETY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY LINKED SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. DEVELOPING MINDS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. IN NO EVENT SHALL DEVELOPING MINDS, ITS AGENTS OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE. NOTHING CONTAINED HEREIN CONSTITUTES AN OFFER OR AGREEMENT TO ENTER INTO ANY TRANSACTION, NOR DOES IT CONSTITUTE GUIDANCE, A PROPOSAL OR RECOMMENDATION TO ENTER INTO ANY TRANSACTION. DEVELOPING MINDS DOES NOT WARRANT THAT ANY INFORMATION CONTAINED HEREIN IS COMPLETE OR CORRECT, AND YOU SHALL NOT BE ENTITLED TO PLACE ANY RELIANCE ON THE INFORMATION CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. INFORMATION CONTAINED ON OUR WEB SITE DOES NOT NECESSARILY REPRESENT THE VIEWS OR OPINIONS OF DEVELOPING MINDS AND ITS BOARD OF DIRECTORS. INFORMATION FOUND ON THIS WEB SITE SHOULD NOT BE RELIED ON AS MEDICAL, LEGAL, BUSINESS, OR TAX ADVICE.
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Assignment
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We reserve the right to transfer any and all information that we collect from our visitors to a third party in the event that we sell or transfer substantially all of our assets related to the web site to such third party.
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Correspondence
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We maintain and review e-mail correspondence that you send to us. We will use (and maintain in a file specific to you) the personally identifiable information disclosed in the e-mail. Because such correspondence contains information that is not transmitted through the operation of our web site, it is not subject to the terms of this Privacy Policy.
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Choice of Law
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Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of California. The laws of the State of California, U.S.A., shall apply to all uses of this data/information and this web site. By use of this web site and any data/information contained therein, the user agrees that use shall conform to all applicable laws and regulation, and user shall not violate the rights of any third parties. Any suits filed against Developing Minds must be filed in the state of California.
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Acceptance and Right to Change
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Due to changing technological and marketing demands, Developing Minds must reserve the right to modify add or remove portions its policies regarding the privacy of your personally identifiable information in the future at any time within its absolute and sole discretion. If that happens, we will endeavor to promptly update this Privacy Policy. We may also attempt to provide a message to our customers whose e-mail addresses we have, in conformity with this Privacy Policy, advising of any such change(s). Your continued use of the web site following changes to this policy will indicate that you accept the changes. If you have any questions, problems or concerns, and/or if you wish to unsubscribe, please CONTACT US. We greatly appreciate your suggestions on how we can improve our Privacy Policy or any aspects of our website.
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Terms of Use
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Developing Minds ("DVM") provides a website located at http://www.DevelopingMinds.org and other related URLs (the "Site") that provides a variety of services (the "Services") to users including non-profit or charitable organizations, volunteers, or other visitors to the Site ("Users") under the following terms of service and use (the "Terms"). The Terms of Use include the Privacy Statement which is incorporated by reference herein. The terms "You" and "User" (and applicable variants thereof) as used herein, refer to all individuals and/or entities accessing the Site for any reason. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. Use of the Site and the Services is authorized solely to the extent that each User abides by these Terms. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. By visiting the Site or using the Services, Users agree to be bound by them. DVM reserves the right to terminate any User's use of or access to the Site or the Services at any time, for any reason.
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To Report Violations
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Please report any possible violations of these Terms by clicking HERE.
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User Responsibilities For Use and Content
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Restrictions on use of this Site and use of Services. Users agree not to use the Site and/or the Services for any of the following purposes:
| (a) | to violate any laws, whether local, state, national or international laws, and including rules and regulations issued by regulatory authorities;
| | (b) | to stalk, harass or harm another, or invade the privacy of, whether an individual or other legal entity;
| | (c) | to collect or store personal data about other Users;
| | (d) | to impersonate any individual or entity, or otherwise misrepresent a User's affiliation with an individual or entity;
| | (e) | to interfere with or disrupt the Site, the Services, or the servers or networks connected to the Site; or
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In addition, Users agree not to do any of the following:
| (a) | employ any automated, electronic, or other high volume means to access the Site (including, without limitation, robots, spiders or scripts);
| | (b) | copy, sell, resell or exploit for any commercial purpose: (i) any portion of the Site, (ii) any content from the Site or Services, (iii) any use of the Site or Services, or (iv) anyone's access to the Site or Services;
| | (c) | cause, assist, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via e-mail (spam);
| | (d) | place pop-up windows over the Site, frame the Site, or otherwise affect the display of its pages, or
| | (e) | disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
| | (f) | submit any false or misleading information in your application to access and use the Services; or
| | (g) | reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Services, other than as provided in these Terms; or
| | (h) | violate or attempt to violate the security of the Services; or
| | (i) | transit or otherwise make available any material that contains software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others; or
| | (j) | use the Services in a manner that, in DVM's sole reasonable discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply with or is inconsistent with the Terms; or
| | (k) | use the Services in violation of any federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause DVM to violate any such laws, rules, or regulations; or
| | (l) | transit or otherwise make available any material that contains software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others.
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Users are responsible for any content that Users provide to DVM.
USERS AGREE TO PROVIDE DVM ONLY INFORMATION THAT IS ACCURATE, CURRENT, LEGAL, AND LEGALLY PROVIDED.  USERS shall not submit any false or misleading information to access and use the Services. DVM acts as a passive conduit for the distribution, publication and delivery of any content provided to DVM to be published on the Site or to be delivered to others ("User Content"). Users are solely responsible for User Content. However, DVM reserves the right to remove or refuse to distribute, publish or deliver any User Content. User represents and warrants that the User Content (a) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. User acknowledges and agrees that DVM Partners are third-party beneficiaries of these representations and warranties, and that they apply to DVM Partners with the same force and effect as they apply to DVM. As used in these Terms, "Partners" means third-party partners to whom DVM may provide User Content, under the terms and conditions of our Privacy Policy. Users shall comply with DVM's Privacy Policy available on DVM's website.
Users are responsible for any damage that Users cause.
Each User agrees to indemnify DVM, defend DVM, and hold DVM harmless, as well as DVM's parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents, co-branders and Partners (as defined above), from and against any and all third-party claims, liabilities, judgments, damages, injuries, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) User Content and any information you submit, post or transmit through the Site or Services, (2) User use of or access to the Site or the Services, (3) User violation of these Terms, (4) User violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by User into the Site or the Services. In addition, User will be responsible for any such claims, liabilities, judgments, damages, injuries, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from such actions by anyone accessing the Site or Services using User's password.
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Important Cautions
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Third-party content and monitoring. DVM's Site and communications contain information and other content supplied by third parties, including resumes from volunteers and information on non-profit organizations. In many cases, DVM has no editorial control over such content, and acts merely as a passive conduit of such content. DVM makes no representations as to the accuracy, completeness, or usefulness of any such content provided to it by third parties. In addition, DVM cannot endorse or be held responsible for the accuracy or reliability of any opinion, advice, information, or statement made regarding the Services offered by any party other than authorized DVM employees or DVM spokespersons while acting in their official capacities.
DVM retains the right, but not the obligation, to monitor and review all content on the Site, all content provided through the Services, and all content in User's account, to determine compliance with these Terms and any other operating rules established by DVM. DVM also retains the right, but not the obligation, to disclose any such content in order to satisfy any law, regulation or authorized government request, or if DVM reasonably believes such disclosure is necessary to protect ourselves or others from a crime or injury. However, User understands and acknowledges that DVM does not monitor content for accuracy or reliability.
Users are responsible for dealings with others. Users' correspondence or ensuing relationships with non-profit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Site or Services, including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between User and such parties. User agrees that DVM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF USER'S DEALINGS WITH THIRD PARTIES, including any damage resulting from the presence of, or information concerning, such third parties on the Site or Services.
DVM is not responsible for links to others' websites. DVM provides links to other sites solely for Users' convenience. DVM's provision of a link does not signify an endorsement of the site or its contents. DVM has no control over, does not review, and cannot be responsible for, outside sites, their content, or their practices. USER AGREES NOT TO HOLD DVM LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, including any liability for User's use of such information, software or links. In addition, USER AGREES NOT TO HOLD DVM LIABLE FOR ANY DAMAGE OF ANY SORT RESULTING FROM USER'S USE OF, OR VISITS TO, ANY OTHER SITES.
User privacy. As part of DVM's registration process, Users will be asked to provide DVM with certain personal information. DVM will use or disclose User's personal information only to the extent that such use or disclosure is in accordance with DVM's Privacy Policy, which is also posted here on the Site. By using the Site or the Services, Users, are accepting the terms and conditions of DVM's Privacy Policy. If a User does not agree to have his or her information used in any of the ways described in the Privacy Policy, User must discontinue use of the Site and the Services.
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Disclaimers, and Limits on Our Liability to You
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Disclaimer of Warranties. User expressly agrees that use of the Services is at his or her sole risk. DVM'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DVM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Services. The Services may not meet your requirements, and may at times contain errors, suffer interruptions, or be untimely or unsecure. DVM makes no warranty as to the results of User's use of the Services, nor as to the accuracy or reliability of any information User obtains through the Services, nor that any defects in the Services will be corrected. USER UNDERSTANDS AND AGREES THAT USER'S USE OF ANY MATERIAL OR INFORMATION THAT USER DOWNLOADS OR OTHERWISE OBTAINS THROUGH THE USE OF THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE for any resulting damage to your computer services, or loss of data. No advice or information, whether oral or written, obtained by User from DVM or through the Services creates any warranty not expressly made herein, unless expressly acknowledged by DVM in writing as creating an additional warranty obligation on our part.
Limitations of Liability. User understands and agrees that, to the extent permitted under applicable law, NEITHER DVM NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, including but not limited to damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to User's use of the Site or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. THE AGGREGATE LIABILITY OF DVM TO USER FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO ONE HUNDRED FIFTY DOLLARS ($150).
Exceptions to the above. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to User. To the extent that DVM may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be equal to the minimum permitted under such applicable law.
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REPRESENTATIONS/DISCLAIMER.
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Representations. You represent and warrant to DVM that:
(a) you are authorized to abide by the Terms in your individual capacity or on behalf of the entity you represent;
(b) abiding by the Terms shall not violate any outstanding obligation you have to any third party;
(c) you shall use the Service strictly in accordance with the limitations set forth in the Terms; and
(d) you have provided accurate registration information.
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Intellectual Property Rights
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License and Site access. DVM grants User a limited license to access and use this Site for personal use in accordance with DVM's stated purposes; with the exception of page-catching, user is not permitted to download or modify the Site, or any portion of the Site, without DVM's express written consent. Access is not permitted for any type of commercial use of this Site, including any activities involving collection or resale of access to the Site or to DVM Content, any downloading or copying of information for commercial purposes, any use of data mining, robots, or similar data gathering and extraction tools, and any other use of the Site or Our Content not expressly permitted by these Terms of Use. User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without DVM's express written consent. User may not use any meta tags or any other "hidden text" utilizing DVM's name or trademarks without DVM's express written consent. Any unauthorized use terminates all permissions and licenses granted herein. Users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray DVM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any DVM logo or other proprietary graphic or trademark as part of the link without DVM's express written permission.
Ownership of the trademarks and content on Site. Certain names, logos, and other materials displayed on the Site constitute trademarks, tradenames, service marks or logos ("Marks") owned by DVM or other entities affiliated with DVM. In addition, the content of the Site and of the Services ("DVM Content"), including without limitation, text, databases, software, code, auction system, music, sound, photos, and graphics, is owned by DVM or its licensors under United States and international copyright laws, and is subject to protection under these and all other applicable intellectual property or proprietary rights and laws. You understand and agree that DVM has the sole discretion to determine whether your use of the Marks is in compliance with the Terms. If DVM determines that your use is not in compliance, it may issue instructions as to how to bring you use into compliance. You agree to promptly comply with these instructions or cease your use of the Services.
No authorization for use of the Marks. DVM does not authorize Users to use or display any Marks. Ownership of all such Marks and the goodwill associated therewith remains with DVM and entities affiliated with DVM.
No authorization for use of DVM Content. DVM does not authorize Users to use any DVM Content. DVM Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without DVM's express, prior written permission and the prior written permission of DVM's applicable licensors. User agrees to abide by all copyright notices, information, or restrictions contained in or attached to any of DVM Content.
Content that User provide to DVM. User hereby grants to DVM a worldwide, perpetual, irrevocable, royalty-free right, including unrestricted sublicense rights, to exercise all copyright rights with respect to User Content in any media, whether or not currently known or developed. This does not apply to any content that User has not actually submitted to DVM, such as content that User has given DVM access only by providing hyperlinks to other pages.
Patent rights. User should be aware that certain aspects of the Site and/or Services are the subject of one or more U.S. patent applications.
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Changes and Updates
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Changes to these Terms. DVM may change these Terms from time to time, without notice. DVM encourages Users to check these Terms periodically for such changes because they will be binding on the Users, and Users can always check the Effective Date at the top of the page to find out whether any changes have been made. If Users object to any changes to these Terms, User's sole recourse is to cease visiting the Site or using the Services. User agrees that continued use of the Site or Services indicates agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain of the Services may be subject to additional terms of use. By using such Services after any such changes, User agrees to be bound by the additional terms of use applicable to such Services. In the event that any of the additional terms of use governing such Services conflict with these Terms, these Terms control.
Changes to the Site or Services. DVM reserves the right to modify or discontinue the Site, the Services, or both, with or without notice to User. Should DVM exercise this right, DVM will not be liable to you or any third party for such modifications or discontinuance. If User objects to any such changes, User's sole recourse is to cease using the Site, the Services, or both, as applicable. User agrees that User's continued use of the Site or the Services indicates User's satisfaction with the applicable modifications.
DVM's right to terminate User's use of the Site and the Services. User agrees that DVM, in its absolute and sole discretion, may pursue all of its legal remedies, and/or terminate User's use of the Site, Services, or both, without prior notice, and may remove and discard User Content from the Site, for any reason and without prior notice, including, without limitation, if DVM believes that User has violated or acted inconsistently with the letter or spirit of the Terms. Further, USER AGREES THAT DVM WILL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES. User may discontinue User's participation in and access to the Site or Services at any time. Even after any User is no longer a User of the Site, certain provisions of the Terms of Use will survive, including those under the headings "Disclaimers, and Limits on Our Liability to You," and "User Responsibilities For Use and Content."
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General Provisions Governing these Terms
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Entire Agreement. These Terms constitute the entire, exclusive and final statement of the agreement between User and DVM with respect to the subject matter hereof, and govern User's use of the Site and the Services. These Terms supercede all prior agreements or negotiations between User and DVM with respect to the subject matter hereof.
Governing Law, Jurisdiction, and Time Limitations. The Terms and the relationship between User and DVM are to be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of, the Services must be instituted exclusively in the federal or state courts located in New York, New York and in no other jurisdiction. User further consents to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The most prevailing party in any legal action relate to this Agreement shall be entitled to its reasonable attorneys' fees.
No waivers. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.
Titles and Headings. The section titles and headings in these Terms are provided only for the purposes of convenience. They have no legal or contractual effect.
Confidentiality. You shall not reveal to third parties any material non-public information learned by you in the course of utilizing the Services, including, but not limited to, the terms of this Agreement other than as specified herein.
Independent Contractors. DVM and you are independent contractors under this Agreement, and nothing herein will be construed to create a partnership, joint venture, franchise or agency relationship between DVM and you. Neither party has any authority to enter into an agreement of any kind on behalf of the other party.
No Third Party Beneficiaries. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise.
Force Majeure. DVM will not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of nature, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond each party's reasonable control.
Assignment. You may not assign, delegate, or transfer its rights and obligations under this Agreement to any third party (including but not limited to a successor-in-interest, or pursuant to a sale, merger, or other corporate transaction) without the express prior written consent of DVM. You acknowledge that DVM may assign this Agreement without your consent. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and shall be enforceable by the parties hereto and their respective successors and assigns.
Registration, Passwords and User Information: You are responsible for all uses of the Site registrations, user identifications and passwords, whether or not authorized by You, and are responsible for maintaining and protecting the confidentiality of Your passwords. You agree to immediately notify DVM of any unauthorized use of Your user identifications, passwords or registration.
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