Terms Of Use
Effective June 30, 2015
Welcome to https://www.pilotstotherescue.org/ (the “Website”), owned and operated by Pilots to the Rescue, a NY not-for-profit corporation (“PTTR,” “we” or “us”). We provide volunteers to fly animals in need of transport, as well as a platform for shelters and fosters to request transport and reception of the animals in need of transport (“Services”). By using the Website and/or any Services offered, you agree to be bound by these Terms of Use. We may modify these Terms of Use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the Website signals your agreement to be bound by any changes.
Term. These Terms of Use shall remain in full force and effect for the entire time you use the Website.
Use of Website. This Website is intended for people at least 18 years of age, and if you are under 18 years old then you represent and warrant that you have permission from your parent or guardian to use the Website, including permission to make or accept contributions. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.
Accounts. We do not require you to create an account in order to use the Website. However, in order to request transport or apply to be a pilot or volunteer, we do collect certain personal information including your name, address, phone number, email address and date of birth. If you create an account, you are responsible for the security of your username and password, and you agree to contact us immediately in the event you suspect a breach of your account or other unauthorized use of your username and/or password. Absent such notification, any activity on your account is deemed to be consented to by you.
Waivers. As part of the process of joining up with PTTR, we do require all volunteers (pilots and non-pilots) and all shelters/fosters to execute a waiver of liability releasing PTTR from responsibility for issues that arise during transport. If you do not sign the required waiver(s), then you will not be able to associate with PTTR as a volunteer or shelter/foster.
Donations. We accept donations through the Website for those who wish to help our mission of saving animals. If you choose to donate, then we will collect your name, address, email address and credit card number. Your credit card is solely used to process your donation and we do not share your personal information with outside companies, except as stated in our Privacy Policy.
Communications. Upon registering for an account with us you consent to receive newsletters, marketing and other emails from PTTR. You may opt-out of any emails from us, except for emails related to requests for transport, by following the instructions contained in those emails or updating your account settings.
External Links. The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). While we may receive payment from companies whose products or services we endorse or recommend, we expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.
Ownership and License. Except as otherwise stated, the Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website are owned by PTTR, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions. We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website. The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for non-commercial use only. Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to PTTR and its affiliates. You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.
User Content. You are solely responsible for any message or other information (collectively, “Content”) that you submit to PTTR either through the Website or via any other method, and you agree that all Content will be original and created by you (or you have permission to reuse such Content), and you grant us a non-exclusive, irrevocable, perpetual license to use said Content in any form or manner in which we determine, including the right to modify, edit, perform and otherwise use the Content. You agree to use the Website in a manner consistent with all applicable laws and regulations. We reserve the right to review and, if necessary, refuse to post Content that in our sole judgment would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user. Prohibited Content includes Content that:
- i. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
- ii. harasses or advocates harassment of any group or individual, or
- iii. involves the transmission of junk mail, chain letters, or spam, or
- iv. is known to be false or misleading, or promotes illegal activities, or
- v. promotes an illegal or unauthorized copy of another’s copyrighted work, or
- v1. contains restricted or password-only access pages or hidden pages or images, or
- vii. provides material that is sexual in nature, or
- viii. provides instructional information about illegal activities, or
- ix. solicits passwords or personal identifying information for commercial or unlawful purposes.
Disclaimer of Warranties. PTTR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify and hold harmless PTTR, its subsidiaries, affiliates, officers, agents, representatives, employees, volunteers and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and/or Services.
Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict of laws provisions, and any legal action brought related to these Terms or your use of the Website shall be brought in the state or federal courts for Westchester County, New York, and you further agree to submit to the sole and exclusive jurisdiction and venue thereof.
Privacy Policy. Your use of the Website is also governed by our Privacy Policy, available here.
Miscellaneous. These terms constitute the entire agreement between you and PTTR regarding use of the Website, unless your membership subjects you to additional terms. The failure of PTTR to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Should any competent court determine that any provision of these Terms of Use are unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms of Use, and all other provisions remain in full force and effect. If you do not agree to these Terms of Use, please stop using this Website immediately.