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Adopt a Pet Shelter and Organization Terms of Service

Last Updated: December 5, 2023

Table of Contents

I. General Terms

These Shelter and Organization Terms of Service ("Terms") form a legal agreement between your organization (“you”, “your”, or “Organization”) and Kinship Partners, Inc, a subsidiary of Mars, Incorporated (collectively, “AdoptAPet”, “we”, “us, or “our”) and governs your use of the AdoptAPet.com website ("Site") owned and operated by us, any mobile application, application programming interfaces, and other services offered by AdoptAPet in connection with the Site (such as Rehome) as well as services offered through third parties integrating Site functionality (collectively, "Services"). BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY AS THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, RELEASE, DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

THE SITE AND SERVICES ARE ONLY INTENDED FOR USERS LOCATED IN THE UNITED STATES AND CANADA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION. IF YOU ARE NOT LOCATED IN THE UNITED STATES OR EIGHTEEN (18) YEARS OF AGE (OR AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION), DO NOT USE THE SITE OR SERVICES AS YOU ARE NOT PERMITTED TO DO SO.

Arbitration: YOU AND ADOPTAPET AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND ADOPTAPET WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE GOVERNING LAW & JURISDICTION SECTION.

License Grant: The Terms and this Agreement (as defined below) provides to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site and Services solely for your internal business use as specifically described herein, conditioned on your acceptance of and continued compliance with the Terms and the Agreement. The Terms and Agreement will also govern your use of any new features that augment or enhance the current Site or Services. The Privacy Notice found at https://www.mars.com/privacy (the “Privacy Policy”) will govern how personal information you submit on the Site and through the Services (if any) will be used. The Terms, the Rules found at https://www.adoptapet.com/shelter/terms_conditions_signup.html (the “Rules”), the Privacy Policy, and any additional terms incorporated herein by reference together form the agreement between you and us for use of the Site and Services (the “Agreement”).

By accessing, browsing, using and/or downloading the pages in the Site, by creating an Account, by making a transaction through the Site or Services, or by using the Services, you agree to accept and comply with this Agreement. If you do not agree to accept and comply with the Agreement, you must immediately stop accessing, browsing or otherwise using our Site and Services.

Changes to Terms: Occasionally we may make changes to the Agreement as determined in our discretion. When we make material changes to the Agreement, we will provide you with notice required by applicable law, e.g., by displaying a notice within the Site or Services or by sending you an email. In some cases, we will notify you in advance of such changes. Your continued use of the Site or Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Site or Services under the new version of the Agreement, you must immediately stop accessing, browsing or otherwise using our Site and Services, and you may terminate your Account by contacting us.

Free-of-Charge: The Site and Services allow you to list the pets available at your animal shelter or rescue group for adoption. Use of the Site and Services are free to you. We simply provide a way through the Site and Services for you to advertise or connect your homeless pets at your animal shelter or rescue group with user(s) of the Site and Services who are seeking a pet to adopt (“Users” or “User”).

II. Payment and Fees for Adoption of Pets

You acknowledge and agree that AdoptAPet assumes no liability or responsibility in connection with any adoption fees you charge or adoption guidelines you impose on Users for adopting a pet, or any other transaction conducted between you and Users, whether or not facilitated by the Site or Services.

III. Your Use of the Site and Services

You are responsible for your access and use of the Site and Services, and for any use of the Site or Services made using your Account or for any activity otherwise occurring under your Account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other organizations, Users, or to us. You are prohibited from transmitting any sensitive personally identifiable information, defined as such by any applicable federal and state laws, rules, or regulations, over the Site or Services, which may include, but not be limited to: any information about yourself or another person at the Organization that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information (except to purchase products or services through the Site or Services), other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (collectively, “Sensitive Personal Information”).

The Site and Services are not intended for use or access by any individual under the age of thirteen (13) years, and AdoptAPet does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

When you access or use the Site or Services, you also may not:

IV. Security and Compliance

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site and Services for violations of the Agreement, and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms or the Agreement; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Uploaded Content or any portion thereof; (d) manage the Site and Services in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Site and Services; and/or (e) terminate or block your use of the Site or Services for violating these Terms or the Agreement.

V. Termination and Suspension.

Without limiting any other provision of these Terms or the Agreement or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, suspend, restrict or deny access to the Site or Services or to terminate this Agreement or an Account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms or the Agreement, or of any applicable law or regulation.

We do not house, make any guarantees or have any contact with any of the pets listed on our Site or Services. Information regarding pets posted on the Site and Services is provided by you, and as such, we do not check the information for accuracy or guarantee it is accurate or complete. Further, we are not responsible for any issues that may arise out of contact you have with any User. We assume no responsibility for any actions any User may or may not take. Please see below for more information.

VI. Accounts

For certain aspects of the Site or Services, you may be required to create an account (an “Account”) or to use third party platform authentication (“Third Party Authentication”). When you create an Account with us, you represent and warrant that you are at least the age of 18 or the age of legal majority in your jurisdiction, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You may never use another's Account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether your password is with our Site or Service, Third Party Authentication, or another third-party service. You agree to immediately notify AdoptAPet in the event that your registration information changes or you learn of or have reason to suspect any unauthorized use of your Account or any other breach of security. You may not use as an Account name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as an Account name any name that is offensive, vulgar or obscene. We reserve the right to refuse access to the Site or Service, terminate your Account, or remove or edit content in our sole discretion. AdoptAPet may refuse to grant a particular Account name to you or require you to change your Account name for any reason.

When you access the Site or Services on behalf of your organization, your organization shall be bound to these Terms and the Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to these Terms and Agreement on behalf of your organization.

VII. Uploaded Content

The Site and some of our Services allow you to upload, submit, store, send, or receive content and data, expressly excluding any Feedback ("Uploaded Content"). You retain ownership of any intellectual property rights that you hold in that Uploaded Content.

When you upload, submit, store, send, or receive Uploaded Content to or through the Site or Services, you give us permission to reproduce and use your Uploaded Content as follows: you hereby grant to us and those we work with an unlimited, non-exclusive, fully transferable, freely sublicensable, perpetual, fully paid, royalty-free and worldwide license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that Uploaded Content works better with the Site and Services), publicly perform, publicly display, and distribute your Uploaded Content. Our license to your Uploaded Content is non-exclusive, meaning you may use the Uploaded Content for your own purposes or let others use your Uploaded Content for their purposes. This license is fully paid and royalty-free, meaning we do not owe you anything else in connection with our use of your Uploaded Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site or Services.

You represent and warrant that:

You are solely responsible for your Uploaded Content. AdoptAPet is not a publisher of Uploaded Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Uploaded Content.

We reserve the right, but do not have the obligation to monitor, remove, or restrict any Uploaded Content for any reason, including, without limitation, that your Uploaded Content is in violation of these Terms, the Agreement, or is otherwise inappropriate, as determined in our sole discretion. You agree that any action or inaction we take to prevent, restrict, redress, or regulate Uploaded Content, or to implement other enforcement measures against any Uploaded Content, is undertaken voluntarily and in good faith. We may moderate Uploaded Content, conduct, and compliance with the Agreement at our discretion. You expressly agree that we shall in no circumstances be liable to you as a result of any monitoring, removal, or restriction of any Uploaded Content (or the failure to engage in any of the foregoing).

We may refuse to accept or transmit Uploaded Content for any reason. We may remove Uploaded Content from the Site or Services for any reason.

VIII. Ownership

Except for Uploaded Content, you acknowledge and agree that we (or our licensors) own all right, title, and interest in and to, including without limitation any intellectual property rights therein and thereto: (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"), and (b) our trademarks, logos, and brand elements, ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. You may not use the Site and Services, Our Content, or Marks without the express and prior written consent of AdoptAPet. AdoptAPet reserves all rights in the Site and Services not expressly granted herein.

“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to AdoptAPet by you regarding the Site or Services. From time to time, you may voluntarily provide Feedback to AdoptAPet, whether or not in response to specific requests or solicitation by AdoptAPet. In such event, you grant to AdoptAPet a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in AdoptAPet’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of these Terms or the Agreement for any reason.

IX. Other Web Sites

Our Site contains links to other websites. When you click on one of these links, you are entering another website for which AdoptAPet has no responsibility. We encourage you to read the terms and any privacy statements on all such sites as their policies may be different than ours.

X. Security

We protect account information by placing it on a secure portion of our Site that is only accessible by certain qualified employees. Unfortunately, however, no data transmission over the Internet is 100% secure. While we strive to protect your information, we cannot ensure or warrant the security of such information.

XI. Availability of the Site and Services

While AdoptAPet endeavors to ensure that the Site and Services are available at all times, AdoptAPet will not be liable if, for any reason, the Site or Services are unavailable at any time or for any period.

The Site or Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions. We do not offer a service level or uptime guarantee with our Site or Services.

You may also experience interruptions or issues in accessing the Site or Services for various reasons, including a poor Wi-Fi connection or your mobile carrier's data and usage plan. You acknowledge that the availability of the Site and Services is dependent on your Internet Service Provider (“ISP”) and your computer or other online device and/or your mobile carrier and your mobile device. You are responsible for ensuring you comply with your ISP's and mobile carrier's applicable terms and agreements, including any data and usage terms.

XII. Third Party Content and Interactions

Our Site and Services may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on our Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between Users of our Site and Services, or between Users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other organization or User of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site or Services. IF YOU ARE A CALIFORNIA ENTITY, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: 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.

XIII. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SPONSORS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES OR THE ADOPTION OR ACTIONS OF A USER’S INTERACTION WITH ANY PET DESCRIBED ON THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USERS OF THE SITE OR SERVICES, PETS OFFERED FOR ADOPTION OR ADOPTED OR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES, OR ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, FROM YOUR OR ANY OTHER SHELTER OR RESCUE ORGANIZATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE (A) UNDER ANY THEORY OF LIABILITY FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THIRD PARTY CLAIMS; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE ADOPTION OR ACTION OF OR ANY USER INTERACTION WITH ANY PET, THE SITE OR SERVICES, OR THESE TERMS AND AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability set forth in this section. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

XIV. Indemnification

To the extent permitted under applicable law, you agree to indemnify and hold harmless AdoptAPet and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to: (i) your use of the Site or Services, (ii) any actual or alleged breach of these Terms or Agreement by you or anyone using your Account, (iii) your activities in connection with the Site or Services; (iv) the content or other information you provide to us through the Site or Services, including without limitation any Uploaded Content; or (v) your violation of any applicable laws, rules, or regulations. We reserve 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. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This indemnification obligation will survive the termination of the Agreement for any reason.

XV. Arbitration

You and AdoptAPet agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and AdoptAPet hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and AdoptAPet relating to these Terms or the Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AdoptAPet will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or AdoptAPet from seeking action by federal, state, or local government agencies. You and AdoptAPet also have the right to bring qualifying claims in small claims court. In addition, a party may apply to any court of competent jurisdiction for provisional relief in a claim alleging infringement of intellectual property rights, including pre-arbitral attachments or preliminary injunctions brought pursuant to such a claim, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor AdoptAPet may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or AdoptAPet's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms. This Section of the Terms will survive the termination of your relationship with AdoptAPet.

BY USING, ENGAGING IN A TRANSACTION ON, OR OTHERWISE INTERACTING WITH THE SITE OR SERVICES, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU FURTHER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND SERVICES WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

XVI. Governing Law & Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the state or federal courts in New York, New York and you consent to the exclusive jurisdiction of such courts. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

XVII. Claims of Intellectual Property Infringement

We take claims of copyright infringement and infringement of other intellectual property seriously and will respond to notices of alleged copyright infringement and other types of infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Site or Services. If you believe any materials accessible on or from the Site or Services infringes your copyright, you may request removal of those materials from the Services by sending a notice of alleged infringement (“DMCA Notice”) to our DMCA Agent using the following contact information:

DMCA Agent
c/o Marketing Properties
Mars, Incorporated
930 W Evergreen Ave
Chicago, IL 60642
DMCA@effem.com

DMCA Notices must contain the following information:

Please do not send any other correspondence or inquiries to our DMCA agent other than DMCA Notices. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.

To report types of intellectual property infringement OTHER THAN COPYRIGHT, please send an email to legal@kinship.co. with all of the following information (a “Notice”):

Upon receipt of Notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site and Services.

XVIII. Miscellaneous

XIX. Additional Terms

In addition to these Terms, your use of the Site and Services is subject to the Mars Terms of Use, available at https://www.mars.com/global/policies/legal/ld-english. If any additional term is inconsistent with any provision of these Terms, these Terms will prevail to the extent required to resolve the conflict.

XX. Questions? Just Get in Touch!

If you have any questions or concerns please contact:

Kinship Partners, Inc.
440 Park Avenue, Fl. 5
New York, NY 10022
Attn: Legal Department
Phone: 1-855-619-1884
E-mail: legal@kinship.co