Effective date: January 21, 2017
Welcome to WeRescue. Please read-on to learn the rules and restrictions that govern your use of our mobile
application, website(s), products, and services (the "Services"). If you have any questions, comments, or concerns
regarding these terms or the Services, please contact us at [email protected]
must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services
in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the
Services. These Terms include the provisions in this document, as well as those in the WeRescue
Information regarding adoptable pets is provided by the adopting organization and is neither checked for accuracy
or completeness nor guaranteed to be accurate or complete. The health status and behavior of any pet found, adopted
through, or listed in the WeRescue mobile apps or other properties of Pet Ventures, LLC are the sole responsibility
of the adoption organization listing the same and/or the adopting party, and by using this service, the adopting
party releases Pet Ventures, LLC from any and all liability arising out of or in any way connected with the adoption
of a pet listed in the WeRescue apps.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We
reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a
notice on the werescue.pet website, within the WeRescue mobile application and/or by sending you an email and/or by
some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be
able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means
you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective
unless in writing and signed by both you and us.
What about my privacy?
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental
consent before they knowingly collect personally identifiable information online from children who are under 13. We
do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child
under 13, please do not attempt to register for the Services or send any personal information about yourself to us.
If we learn we have collected personal information from a child under 13, we will delete that information as quickly
as possible. If you believe that a child under 13 may have provided us personal information, please contact us at
What are the basics of using WeRescue?
You may be required to sign up for an account and provide a password and email address, which will be used as your
user name ("WeRescue User ID"). You promise to provide us with accurate, complete, and updated registration
information about yourself. You may not select as your WeRescue User ID a name that you don't have the right to use,
or another person's name with the intent to impersonate that person. You may not transfer your account to anyone
else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your
parent's or guardian's permission to use the Services and your parent or guardian agrees to these Terms on your
behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that
you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in
which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that
organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the
benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the
Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be
responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your
password. You're responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms
is defined below) or otherwise use the Services or interact with the Services in a manner that:
- (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including
- (b) Violates any law or regulation;
- (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
- (d) Jeopardizes the security of your WeRescue account or anyone else's (such as allowing someone else to log
on as you on the Services);
- (e) Attempts, in any manner, to obtain the password, account, or other security information from any other
- (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
- (g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run
or are activated while you are not logged into the Services, or that otherwise interfere with the proper
working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- (h) "Crawls," "scrapes," or "spiders" any page, data or portion of or relating to the Services or Content
(through use of manual or automated means);
- (i) Copies or stores any significant portion of the Content, provided that you may download store individual
photo albums through the Services;
- (j) Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or
information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in WeRescue?
The materials displayed or performed or available on or through the Services, including, but not limited to, text,
graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the
"Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright
notices, trademark rules, information, and restrictions contained in any Content you access through the Services,
and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload,
display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior
consent of the owner of that Content or (ii) in a way that violates someone else's (including WeRescue's) rights.
You understand that WeRescue owns the Services. You won't modify, publish, transmit, participate in the transfer or
sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise
exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality
exists, doesn't mean that all the restrictions above don't apply—they do!.
Do I have to grant any licenses to WeRescue or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." Some
User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to
allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please
note that all of the following licenses are subject to our
to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant WeRescue a license to translate, modify (for technical purposes, for
example, making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act
with respect to such User Submissions, in each case to enable us to operate the Services and/or produce any product
you request, as described in more detail below. This is a license only – your ownership in User Submissions is not
If you store a User Submission in your own personal WeRescue account, in a manner that is not viewable by any other
user except you (a "Personal User Submission"), you grant WeRescue the license above, as well as a license to
display, perform, reproduce and distribute your Personal User Submission for the sole purpose of making that
Personal User Submission accessible to you and providing the Services necessary to do so and/or produce any product
containing such Personal User Submission you request.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private
message to one or more other users) (a "Limited Audience User Submission"), then you grant WeRescue the licenses
above, as well as a license to display, perform, reproduce and distribute your Limited Audience User Submission for
the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and
providing the Services necessary to do so and/or produce any product containing such Limited Audience User
Submission such other specified users request. Also, you grant such other specified users a license to access that
Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the
Services and/or produce any product containing such Limited Audience User Submission such other specified users
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain
specified users can view (a "Public User Submission"), then you grant WeRescue the licenses above, as well as a
license to display, perform, and distribute your Public User Submission for the purpose of making that Public User
Submission accessible to all WeRescue users and providing the Services necessary to do so, as well as all other
rights necessary to use and exercise all rights in that Public User Submission in connection with the Services
and/or otherwise, including producing any product containing such Public User Submission such other users request.
Also, you grant all other users of the Services a license to access that Public User Submission, and to use and
exercise all rights in it, as permitted by the functionality of the Services and/or produce any product containing
such Public User Submission such other users request.
Certain functionality of Services allows users, including you, to purchase goods containing User Submissions. If you
share a User Submission as a Limited Audience User Submission or a Public User Submission, you understand that the
foregoing license grants include the right to reproduce and distribute such User Submissions by and for the
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide;
provided that when you delete your WeRescue account, we will stop displaying your User Submissions (other than
Public User Submissions which may remain fully available) to other users (if applicable), but you understand and
agree that it may not be possible to completely delete that content from WeRescue's records, and that your User
Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that WeRescue, in performing the required technical steps to provide the Services
to our users (including you), may need to make changes to your User Submissions to conform and adapt those User
Submissions to the technical requirements of connection networks, devices, services, or media, and any of the
foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility
of the person from whom such content originated, and you access all such information and content at your own risk,
and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might
suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret
and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby
release us from all liability for you having acquired or not acquired Content through the Services. We can't
guarantee the identity of any users with whom you interact in using the Services and are not responsible for which
users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant
you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your
registration information accurate and current. You are responsible for all your activity in connection with the
The Services may contain links or connections to third party websites or services that are not owned or controlled
by WeRescue. When you access third party websites or use third party services, you accept that there are risks in
doing so, and that WeRescue is not responsible for such risks. We encourage you to be aware when you leave the
visit or utilize.
WeRescue has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third party websites or by any third party that you interact with through
the Services. In addition, WeRescue will not and cannot monitor, verify, censor or edit the content of any third
party site or service. By using the Services, you release and hold us harmless from any and all liability arising
from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and
delivery of goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third
parties. You agree that WeRescue shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that
WeRescue is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you release WeRescue, its officers, employees, agents, and successors from claims, demands, and damages of
every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any
way related to such disputes and/or our Services.
Will WeRescue ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of
the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or
all of the Services. We'll try to give you notice when we make a material change to the Services that would
adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from
the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that
Content in violation of these Terms), in our sole discretion, and without notice.
Does WeRescue cost anything?
The WeRescue Basic Services are currently free, but we reserve the right to charge for certain or all Services in
the future. You may purchase certain products from WeRescue and you agree to pay all charges provided on the
applicable order screen. If you wish to purchase any products, we will ask you to supply certain information
applicable to your purchase, such as payment information. All such information will be treated as described in our
. We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue
using such Services, you must pay all applicable fees for such Services.
What if I want to stop using WeRescue?
You're free to do that at any time, by contacting us at [email protected]
; please refer to our
, as well as the licenses above, to understand how we treat information you provide to us after you have stopped
using our Services.
WeRescue is also free to terminate (or suspend access to) your use of the Services or your account, for any reason
in our discretion, including your breach of these Terms. WeRescue has the sole right to decide whether you are in
violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind
before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating
your account so that you are able to retrieve any important User Submissions you may have stored in your account (to
the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal,
not in the interest of someone's safety or security, or otherwise harmful to the rights or property of WeRescue.
If you have deleted your account by mistake, contact us immediately at [email protected]
– we will try to help,
but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of
example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any
limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding
disputes between us.
I use the WeRescue App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including applications available via the Apple, Inc. ("Apple")
App Store (the "Application"), but the following additional terms also apply to the Application:
- (a) Both you and WeRescue acknowledge that the Terms are concluded between you and WeRescue only, and not
with Apple, and that Apple is not responsible for the Application or the Content;
- (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable
basis, solely to be used in connection with the Services for your private, personal, non-commercial use,
subject to all the terms and conditions of this Agreement as they are applicable to the Services;
- (c) You will only use the Application in connection with an Apple device that you own or control;
- (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Application;
- (e) In the event of any failure of the Application to conform to any applicable warranty, including those
implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to
you will be to refund to you the purchase price, if any, of the Application;
- (f) You acknowledge and agree that WeRescue, and not Apple, is responsible for addressing any claims you or
any third party may have in relation to the Application;
- (g) You acknowledge and agree that, in the event of any third party claim that the Application or your
possession and use of the Application infringes that third party's intellectual property rights, WeRescue,
and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such
- (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not
listed on any U.S. Government list of prohibited or restricted parties;
- (i) Both you and WeRescue acknowledge and agree that, in your use of the Application, you will comply with
any applicable third party terms of agreement which may affect or be affected by such use; and
- (j) Both you and WeRescue acknowledge and agree that Apple and Apple's subsidiaries are third party
beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right
(and will be deemed to have accepted the right) to enforce this Agreement against you as the third party
What else do I need to know?
WeRescue does not make any representations or warranties concerning any content contained in or accessed through the
Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of
material contained in or accessed through the Services. We make no representations or warranties regarding
suggestions or recommendations of services or products offered or purchased through the Services. Products and
services purchased or offered (whether or not following such recommendations and suggestions) through the Services
are provided "AS IS" and without any warranty of any kind from WeRescue or others (unless, with respect to such
others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING,
WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WERESCUE BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY
AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO WERESCUE IN
CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER
BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold WeRescue, its affiliates, officers, agents, employees, and partners harmless for and
against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including
attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the
Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
In the event of such a claim, suit, or action ("Claim"), if you have an account, we will attempt to provide notice
of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall
not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services
account, in any way (by operation of law or otherwise) without WeRescue's prior written consent. We may transfer,
assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the State of Illinois, without regard to the
conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms
shall be finally settled in DuPage County, Illinois, in English, in accordance with the Streamlined Arbitration
Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial
arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who
shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and
Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent
jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to
pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes
of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located
in, respectively, DuPage County, Illinois.
You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental
assessments associated with your activity in connection with the Services, provided that WeRescue may, in its sole
discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to
exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated,
to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and
enforceable. You and WeRescue agree that these Terms are the complete and exclusive statement of the mutual
understanding between you and WeRescue, and that it supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of these Terms, and that all modifications to
these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency,
partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of
any kind to bind WeRescue in any respect whatsoever. Except as expressly set forth in the section above regarding
the Apple Application, you and WeRescue agree there are no third party beneficiaries intended under this Agreement.