Each Member, including its employees, officers and directors, agrees to abide by the terms and conditions of the Super Heroes Humane Society membership (“Terms and Conditions”), as set forth below. Super Heroes Humane Society may change the Terms and Conditions at any time with or without notice and each Member’s continued participation in the Super Heroes Humane Society Membership shall be considered acceptance of such changes. Failure to comply with Super Heroes Humane Society Terms and Conditions may result in the suspension or termination of Super Heroes Humane Society’s LifeSaver membership, such suspension or termination to be determined in the sole and absolute discretion of the Super Heroes Humane Society. Additionally, Super Heroes Humane Society may pursue all available legal and equitable remedies.
Age for Membership
You must be 18 years of age or older to become a member.
Site Use
YOUR RESPONSIBILITY – You promise that the information you give us is true, accurate, and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the Super Heroes Humane Society sites that occurs in conjunction with your username or password. If you realize there is any unauthorized use of your username or password, or any breach of security, you need to let us know immediately.
Term
The initial term of Super Heroes Humane Society LifeSaver membership is one (1) month. (“Initial Term”). A Member’s membership shall be renewed automatically for additional one (1) month terms (each a “Renewal Term”) under the same membership terms and conditions of such Member’s current Super Heroes Humane Society membership unless such Member notifies Super Heroes Humane Society in writing at least 48 hours prior to the expiration of the Initial Term or any Renewal Term of its intent not to renew or of its intent to change its membership category.
Dues Increase
Super Heroes Humane Society may increase membership dues upon the expiration of a Member’s Initial Term or Renewal Term.
Content and Copyright Notice
Super Heroes Humane Society owns all right, title and interest in the Super Heroes Humane Society Site and all content on the Super Heroes Humane Society Site, as well as all other content created or otherwise owned by Super Heroes Humane Society (“Super Heroes Humane Society Content”). Super Heroes Humane Society Content is available to Members for their personal and non-commercial use. Any redistribution or reproduction of part or all of the Super Heroes Humane Society Content in any form is prohibited.
Members may not, except with Super Heroes Humane Society’s express written permission, distribute or commercially exploit the Super Heroes Humane Society Content nor transmit it or store it in any other website or other form of electronic retrieval system.
Eligibility, Suspension, and Termination
Membership is not an automatic right. It is a benefit for community members who follow our rules and treat other community members well. Super Heroes Humane Society will not tolerate behavior that is not conducive to a harmonious and productive climate, including but not limited to, harassment in any form, hate speech, discrimination, and profane language. We may, at our discretion, decide whether or not your use of Super Heroes Humane Society or Super Heroes Humane Society LifeSaver complies with these terms. We can suspend or terminate your Super Heroes Humane Society or Super Heroes Humane Society LifeSaver account at any time for any reason or for the following reasons:
- if you breach these terms
- if you act in a way that does not align with the values of our community
- if you act in a way that could cause us or members harm
If we decide to permanently terminate your Super Heroes Humane Society or Super Heroes Humane Society LifeSaver account, you must not apply for a new account.
Contributions to Super Heroes Humane Society
Members may contribute to Super Heroes Humane Society Content, in various forms. Member hereby fully and irrevocably grants, assigns and conveys to Super Heroes Humane Society all right, title and interest worldwide in and to all Content conceived, reduced to practice, authored, developed or delivered by Member, Member’s officers, directors, employees, agents and independent contractors acting on Member’s behalf, either solely or jointly with others, including, but not limited to (i) any Content expressly labeled as “Content” or provided with an express statement that it is a contribution to Super Heroes Humane Society; (ii) any Content provided to Super Heroes Humane Society to be included in Super Heroes Humane Society standards, specifications, policies, guidance, reports, analyses, procedures that are published by Super Heroes Humane Society or as part of a larger compilation or identified as a Super Heroes Humane Society publication, whether in written or electronic form; or (iii) any Content that is developed in connection with Member’s membership in Super Heroes Humane Society/Super Heroes Humane Society LifeSaver, developed in connection with Member’s participation in a Super Heroes Humane Society working group or committee, or developed by Member in connection with Member making a presentation at a Super Heroes Humane Society event. For purposes of this provision, “Content” means images, text, written works, standards, designs, graphics, pictures, business and product names, domain names, corporate names, logos, slogans, inventions (whether or not patentable), processes, formulae, industrial models, specifications, data, databases and data collections, technology, methodologies, computer programs (including all source codes, object codes, firmware, software, development tools, files, records and data and improvements thereof), software and any and all other copyrightable material. Content shall be the exclusive property of Super Heroes Humane Society (becoming Super Heroes Humane Society Content) and Super Heroes Humane Society shall have the right to use the Content, or any part or parts thereof, as it sees fit. Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such Content. Member agrees that it shall require its personnel, at Super Heroes Humane Society’s expense, to take any actions and execute all documents as Super Heroes Humane Society may reasonably require to vest in Super Heroes Humane Society or its nominees the rights referred to herein and to secure for Super Heroes Humane Society or its nominees all right, title and interest in and to the Content.
Online Payment Center Terms and Conditions
By accessing or using Super Heroes Humane Society’s online payment service, Member agrees to be bound by all applicable terms and conditions. Super Heroes Humane Society may modify the terms and conditions at any time, with or without notice.
The Super Heroes Humane Society online payment service is provided to Member to facilitate payment of dues, sponsorships and other products and services. Member will receive a confirmation once payment has been received. PayPal Payflow Gateway, a third party service, processes payments.
Super Heroes Humane Society will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service. Super Heroes Humane Society will not be liable for any damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. Super Heroes Humane Society will not be liable for any breach of Member’s personal or credit card information resulting from the interception of such information during its transmission to Super Heroes Humane Society. Member expressly agrees that its use of this service is at Member’s sole risk. Member agrees that it will not intentionally provide false information when accessing or using the Super Heroes Humane Society’s online payment service. Super Heroes Humane Society is committed to Member’s privacy and will not distribute information sent via this service to third parties. Super Heroes Humane Society’s will not store credit card information.
Recurring Payment Authorization
By applying for recurring payments, Member accepts these terms and conditions authorizing Super Heroes Humane Society to charge the credit card or debit the debit card account that Member has specified in the amount of the balance due as part of Member’s Super Heroes Humane Society membership. Member agrees that the payment card specified by Member for automatic bill payments to Super Heroes Humane Society is, and will continue to be, an account that Member owns, and that Member will maintain sufficient availability under Member’s credit card limit, or sufficient funds in the account linked to Member’s debit card, as applicable, to pay Member’s Super Heroes Humane Society bill. The automatic charge to Member’s credit card or debit to Member’s debit card account will occur monthly on the same date as when the member first joined Super Heroes Humane Society. Once the payment has been processed, Member will receive an electronic (email) notification that payment has been applied to Member’s card.
These terms and conditions will constitute Member’s copy of Member’s recurring payment authorization to Super Heroes Humane Society. Member should print and retain a copy of this recurring payment authorization for Member’s records.
Recurring Payment Authorization Cancellation
Member may opt out of renewing Member subscription by phone, email, or by logging into Member’s Account page on the website Member subscribed to at least 3 business days before the renewal date. However, Member acknowledges and agrees that if Member does not cancel at least 3 business days prior to Member’s auto renewal payment, Member hereby authorizes Super Heroes Humane Society to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of Member’s membership.
Disclaimers/Limitation of Liability
THE Super Heroes Humane Society SITE, Super Heroes Humane Society CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY Super Heroes Humane Society ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY Super Heroes Humane Society WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) Super Heroes Humane Society MAKES NO WARRANTY THAT THE Super Heroes Humane Society SITE OR Super Heroes Humane Society CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (b) MEMBER’S USE OF THE Super Heroes Humane Society SITE AND Super Heroes Humane Society CONTENT, AND MEMBER’S RELIANCE THEREON, IS AT MEMBER’S OWN RISK; (c) Super Heroes Humane Society MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF Super Heroes Humane Society CONTENT, AND; (d) Super Heroes Humane Society EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL Super Heroes Humane Society OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF MEMBER’S MEMBERSHIP IN Super Heroes Humane Society/Super Heroes Humane Society LIFESAVER, THE USE OF, OR INABILITY TO USE, THE Super Heroes Humane Society SITE OR Super Heroes Humane Society CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Super Heroes Humane Society OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Super Heroes Humane Society’S MAXIMUM LIABILITY TO ANY MEMBER SHALL BE THE AMOUNT OF THE MEMBERSHIP DUES PAID BY MEMBER TO Super Heroes Humane Society IN THE TWELVE MONTHS PRECEDING THE MEMBER’S CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Super Heroes Humane Society AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF SUCH JURISDICTION.
Governing Law and Venue
These Terms and Conditions shall be construed, enforced and performed in accordance with the laws of the State of New York, without reference to its principals of conflicts of laws, to the extent not pre-empted by federal law. The United States District Court or any State Court located in Oneonta, New York shall have exclusive jurisdiction over the parties to enforce these Terms and Conditions.
