Humane Alliance: A Program of the ASPCA

Rules

The job postings provided on this webpage are for informational purposes only, and the American Society for the Prevention of Cruelty to Animals (ASPCA) does not confirm the accuracy or completeness of any job listing or other information submitted by any third party to this site.

The ASPCA is not acting as an employment agent by providing this information nor is the ASPCA an employer with respect to any posting unless otherwise specifically stated in the posting. The ASPCA assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any job listing.

The ASPCA is not responsible for any employment decisions, for whatever reason, made by any employer posting jobs on this webpage other than decisions related to job postings for positions with the ASPCA. Any rights or claims any person may have under any applicable law (e.g., employment, equal employment, antidiscrimination, Fair Credit Reporting Act, etc.) may only be asserted against the employer and not the ASPCA.

Terms of Use

1. General

Humane Alliance of WNC, Inc. ("HAWNC") provides the Classifieds as a service to spay/neuter organizations and individuals involved in spay/neuter free of charge. By accessing or using the Classifieds, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and HAWNC. HAWNC may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of the Classifieds.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of the Classifieds, in which case any continuing access or use of the Classifieds is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on the Classifieds.

The Classifieds is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

2. Moderation

HAWNC has the right, but not the obligation, to regulate content posted to, stored on or transmitted via the Classifieds by any user; to regulate conduct (including but not limited to any authorized or unauthorized access to or use of the Classifieds) by any user; and to enforce the TOU, for any reason and in any manner or by any means that HAWNC, in its sole discretion, deems necessary or appropriate. HAWNC may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.

You also understand and agree that any action or inaction by HAWNC or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "HAWNC Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither HAWNC nor any HAWNC Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

HAWNC also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of the Classifieds at any time without notice. HAWNC and HAWNC Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. Content and Conduct

a. Content

HAWNC does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from the Classifieds includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via the Classifieds); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to the Classifieds would violate these TOU or HAWNC's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on the Classifieds and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You agree to indemnify and hold HAWNC and HAWNC Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU.

b. Conduct

HAWNC does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to the Classifieds, and, if you create an account on the Classifieds, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold HAWNC and HAWNC Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to the Classifieds or HAWNC, and related to or arising out of any conduct or activities on, through or by use of your the Classifieds account, if any.

4. Posting and Accounts

This section 4 applies to all uses and users of the Classifieds, unless HAWNC has specifically authorized an exception to a particular term for a particular user in a written agreement. HAWNC has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings

A user may post the same or substantially similar content no more than once every 48 hours.

It is expressly prohibited for any third party to post content to the Classifieds on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to the Classifieds using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to HAWNC for each instance of access to the Classifieds (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on the Classifieds. Users may not post content or communicate with any the Classifieds user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts

A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user must create his/her account personally and manually and may not create accounts by any automated means.

5. Unauthorized Access and Activities

This section 5 applies to all uses and users of the Classifieds, unless HAWNC has specifically authorized an exception to a particular term for a particular user in a written agreement. HAWNC has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of the Classifieds for its users, access to the Classifieds and/or activities related to the Classifieds that are harmful to, inconsistent with or disruptive of the Classifieds and/or its users' beneficial use and enjoyment of the Classifieds are expressly unauthorized and prohibited. For example, without limitation:

The collection of the Classifieds users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the Classifieds in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of the Classifieds in any manner are expressly prohibited.

6. User Communications, Transactions, Interactions, Disputes and Relations

HAWNC and HAWNC Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold HAWNC and HAWNC Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by HAWNC or HAWNC Representatives.

7. Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON THE CLASSIFIEDS AND CONTENT ACCESSED THROUGH THE CLASSIFIEDS IS ENTIRELY AT YOUR OWN RISK. THE CLASSIFIEDS IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Limitations of Liability

HAWNC AND THE HAWNC REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE CLASSIFIEDS OR CONTENT ACCESSED THROUGH THE CLASSIFIEDS BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE CLASSIFIEDS OR CONTENT ACCESSED THROUGH THE CLASSIFIEDS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF HAWNC OR ANY HAWNC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE CLASSIFIEDS OR CONTENT ACCESSED THROUGH THE CLASSIFIEDS; ANY INABILITY TO ACCESS OR USE THE CLASSIFIEDS OR CONTENT ACCESSED THROUGH THE CLASSIFIEDS; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE CLASSIFIEDS OR CONTENT ACCESSED THROUGH THE CLASSIFIEDS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE CLASSIFIEDS OR CONTENT ACCESSED THROUGH THE CLASSIFIEDS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE CLASSIFIEDS AND LINKS IN CONTENT ACCESSED THROUGH THE CLASSIFIEDS).

You hereby release HAWNC and each of the HAWNC Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Classifieds or content accessed through the Classifieds, or any interactions with others arising out of or related to the Classifieds or content accessed through the Classifieds, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), 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."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.