Terms of Service
From The Wild Neighbors Database Project, Wildlife Rehabilitation MD provides website operators and other individuals with a variety of tools and resources to enable them to collect wildlife rescuer contact information and to create, manage and analyze medical data (the "Services") for wildlife patients.
Please read this Agreement carefully before proceeding with any use of our website or the Services. By clicking the "Register" button on the registration page, you accept and agree to be bound by this Agreement.
If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.
1. Services and Support
1.1 By posting updated versions of the Agreement on the Wildlife Rehabilitation MD website, or otherwise providing notice to you, Wildlife Rehabilitation MD may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Wildlife Rehabilitation MD website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. Wildlife Rehabilitation MD will use reasonable efforts to make you aware of any changes to the terms of this Agreement. If you elect to discontinue using the Services due to any changes to the Agreement made under this section 1.1, you will be entitled to collect all owned data stored on our Servers and terminate you usage of the Services.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, your use of the Services is expressly prohibited.
1.3 The Services enable licensed wildlife rehabilitators to collect and retrieve rescuer contact data and to maintain medical logs of wildlife patients and related subjects.
1.4 Both the number of cases admitted and the number of KiloBytes of data stored are metered by Wildlife Rehabilitation MD. Normal Wildlife Rehabilitation MD accounts allow you to admit an unlimited number of cases. The total KiloByte data stored for each client can be no more than 102400kb.
1.5 Prices are subject to change at any time. All fees paid to The Wild Neighbors Database Project for the Services are non-refundable, unless an account is terminated by you under clause 1.1 or by The Wild Neighbors Database Project, for a reason other than violation of the Anti-Spam Policy. Payment for Services must be made by a valid credit card accepted by The Wild Neighbors Database Project, unless other payment arrangements have been made between you and an authorized The Wild Neighbors Database Project representative. You hereby authorize The Wild Neighbors Database Project to charge your credit card whenever you use the Services for 1 calendar year or on a monthly basis if you select monthly pricing. Fees are payable in US dollars. If The Wild Neighbors Database Project is for any reason unable to effect automatic payment via your credit card, you will be notified via email. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and for remaining aware of the fees charged by The Wild Neighbors Database Project for the Services.
1.6 The Wild Neighbors Database Project may charge an account a re-activation fee should an account need to be re-activated by a customer after an account has become de-activated due to non-payment, an untimely authorization for payment, or any other breach of this Agreement.
1.7 You must complete the registration form on the signup page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your Wildlife Rehabilitation MD account. You may also create multiple users under within your account, each with a unique email address and password. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. Wildlife Rehabilitation MD reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
1.8 It is understood that Wildlife Rehabilitation MD makes no guarantee that HTML will be rendered properly on all browsers, due to the wide variety of HTML browsers available. Wildlife Rehabilitation MD makes every reasonable attempt to make sure that all HTML rendered follow current standards. For best results Wildlife Rehabilitation MD will generate HTML that adheres to W3C standards.
2. Restrictions and Responsibilities
2.1 This is an Agreement for the Services, and you are not granted a license to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent Wildlife Rehabilitation MD from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
2.2 You acknowledge that you are a licensed wildlife rehabilitator (individual or organization) and Wildlife Rehabilitation MD is in no way responsible for assisting in maintaining a current license. If your license to rehabilitate wildlife expires and The Wild Neighbors Database Project is made aware of this, access to the Services may be suspended until such license is renewed.
2.3 You acknowledge and agree that the Services, the Software, the Wildlife Rehabilitation MD names, logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of The Wild Neighbors Database Project or its affiliates or suppliers (collectively, the "Marks"). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties are owned by The Wild Neighbors Database Project or by other parties that have licensed their material to The Wild Neighbors Database Project. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of The Wild Neighbors Database Project. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in The Wild Neighbors Database Project or its third party suppliers, as the case may be.
2.4 You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, defamation and wildlife rehabilitation regulations). You agree that you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited contact to any third party. You hereby agree to indemnify and hold harmless The Wild Neighbors Database Project against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. You acknowledge that you are responsible for the content of any contact information or messages sent using the Services. Although Wildlife Rehabilitation MD has no obligation to monitor the content provided by you or your use of the Services, Wildlife Rehabilitation MD may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.6 You must consult with law enforcement officials before transmitting or soliciting any records (in part or in full) that may be considered evidence in a criminal case or an active criminal investigation. By consenting to this Agreement you acknowledge that failure to consult with law enforcement officials is entirely your decision and you bear full responsibility of any consequences.
2.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Wildlife Rehabilitation MD. Wildlife Rehabilitation MD may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
2.8 Wildlife Rehabilitation MD will not use any of your rescuer and medical information for any other purposes than those related to the Services. Your rescuer and medical information will not be shared with any other parties without your written consent. In addition, Wildlife Rehabilitation MD will not use your rescuer and medical information for the purpose of sending unsolicited commercial email. Your rescuer and medical information may be used on aggregate basis. Wildlife Rehabilitation MD may use aggregate data for a variety of purposes, including research or analysis, website administration, advertising, and promotional purposes.
2.10 You acknowledge that stored treatment logs are legal documents and such records shall be available for inspection by government regulatory employees per their request.
2.11 You must not use the Services to store or distribute data pertaining to illegal activities or any other prohibited material. Illegal activities allegedly performed to or about your wildlife patients before the time of accession into your care are exempt from this clause.
2.12 You must not use the Services for the sending of unsolicited email (sometimes called "spam") or to distribute any other content that we deem inappropriate. See our Anti-Spam Policy (which forms part of this Agreement) for further information.
2.13 All rights not expressly granted are reserved.
2.14 The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under The Wild Neighbors Database Project's direct control and The Wild Neighbors Database Project accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that The Wild Neighbors Database Project is entitled to require you to remove any link from another website to the Services which you install without obtaining The Wild Neighbors Database Project's prior written consent.
3. Reselling and Subcontracting the Services
Reselling of the Services to third parties is not permitted under any circumstance. If you engage in the reselling of Wildlife Rehabilitation MD your account may be terminated and all owned data will be returned.
4.1 You may terminate this Agreement at any time by contacting us or by sending written notice to The Wild Neighbors Database Project (Terminating agreement). Correspondence must include your first name, last name, and your Wildlife Rehabilitation MD contact email address. No refunds will be issued if you terminate this Agreement unless your account is in credit and you are terminating in accordance with clause 1.1.
4.2 The Wild Neighbors Database Project may terminate this Agreement or the Services at any time with or without cause, and with or without notice. The Wild Neighbors Database Project shall have no liability to you or any third party because of such termination. If The Wild Neighbors Database Project terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.
4.3 Wildlife Rehabilitation MD may delete any of your archived data within 30 days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranties, disclaimers and limitations of liability.
4.4 If you do not log into your account for more than 700 days, the account will become inactive. When an account is classified (at The Wild Neighbors Database Project's sole discretion) as inactive, Wildlife Rehabilitation MD will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM Wildlife Rehabilitation MD'S DATABASE.
5. Warranties, Disclaimer and Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Wild Neighbors Database Project DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND TO THE EXTENT PERMITTED BY LAW The Wild Neighbors Database Project DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for The Wild Neighbors Database Project to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for The Wild Neighbors Database Project to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to The Wild Neighbors Database Project for the relevant Services.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL The Wild Neighbors Database Project OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "The Wild Neighbors Database Project") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR FAILURE TO REALISE ANTICIPATED SAVINGS OR BENEFITS OR BUSINESS OPPORTUNITIES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
The Wild Neighbors Database Project'S EXCLUSION OF LIABILITY APPLIES WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR EQUITY AND EVEN IF The Wild Neighbors Database Project HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
YOU AGREE THAT The Wild Neighbors Database Project'S LIABILITY TO YOU AT LAW WILL BE REDUCED BY THE EXTENT, IF ANY, TO WHICH YOU CONTRIBUTED TO THE LOSS.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, The Wild Neighbors Database Project IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), TO THE FULLEST EXTENT PERMITTED BY LAW THE LIABILITY OF The Wild Neighbors Database Project TO YOU WILL BE LIMITED TO:
(A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND
(B) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN OR REFUND OF FEES ACTUALLY PAID FOR THE SERVICES.
7. Export of Services or Technical Data
You may not remove or export from the United States of America or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States of America and all other applicable countries.
8.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
8.2 The Wild Neighbors Database Project and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
8.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind The Wild Neighbors Database Project in any respect whatsoever.
8.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
8.5 The Agreement shall be governed by the laws of the State of California, United States of America without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in San Francisco California.
8.6 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this Agreement.
9. System Requirements
10. Compliance Rules For Sending Correspondence (and your spam indemnity)
All Wildlife Rehabilitation MD users must follow the rules of the CAN-SPAM Act of 2003 (and equivalent anti-spam legislation in all applicable countries) and Wildlife Rehabilitation MD's Anti-Spam policy when sending emails or in-application messages through the Services.
11. Email and Permission Practices
Please see our Anti-Spam Policy for further information.
11.1 You cannot spam email addresses.
11.2 You are responsible for monitoring, correcting and processing "no solicitations" requests from rescuers within 5 days, and updating rescuer contact information to which messages may be sent.
11.3 Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your emails do not generate a number of abuse complaints in excess.
11.4 The Wild Neighbors Database Project, at its own discretion, may immediately disable your access to the Services without refund if The Wild Neighbors Database Project believes in its sole discretion that you have violated any of the email and permission practices listed above, or our Anti-Spam Policy.
12. Use of the Services
You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, Wildlife Rehabilitation MD's computer systems or the computer systems of other users of the Services. Hacking means unauthorized access, malicious damage and/or interference and includes, without limitation, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
13. Website and Services availability
From time to time down-time, either scheduled or unscheduled, may occur. The Wild Neighbors Database Project will work within reason to ensure this amount of down-time is limited. The Wild Neighbors Database Project will not be held liable for the consequences of any down-time.
The Wild Neighbors Database Project cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release The Wild Neighbors Database Project entirely of all responsibility for any consequences of its use.
14. Force Majeure
The Wild Neighbors Database Project will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond The Wild Neighbors Database Project's reasonable control.
15. Overseas Access
The Services may be accessed throughout the United States of America. Wildlife Rehabilitation MD is not available for use overseas.