Terms of Use

These Terms were last updated and posted on May 31, 2023.

Gatekeeper K9 Rescue, a New York nonprofit corporation (“GATEKEEPER,” “we”, or “us”) owns and operates the website at https://www.gatekeeperk9rescue.org/ (the “Website”).

GATEKEEPER’s mission is to save lost and stray dogs within the greater Syracuse area of NY state, as well as provide educational outreach aimed at preventing dogs from becoming lost. The website furthers our mission by giving information about our programs and providing a platform for us to connect with our supporters and community members.

Your access to and use of the Website are subject to these terms of use (these “Terms”), as well as all applicable laws and regulations. Please read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Website. Your access to and use of the Website constitutes your acceptance of these Terms. We may change these Terms from time to time without advance notice by posting here and you will be bound by any such changed Terms if you continue to use the Website after such changes are posted. You are encouraged to review these Terms periodically for changes.

Please note that the Website incorporates content from and provides links to third-party services that are not affiliated with GATEKEEPER. These services are subject to their own terms of use and privacy policies. Please see the “Third Party Services” section below for more information.

If you have any questions about these Terms, please contact us using the contact form located at https://www.gatekeeperk9rescue.org/contact.

Limited License and Copyright Notice

We hereby grant you a limited license to make personal use of the Website. This license does not include any resale or commercial use of the Website, any derivative use of the Website, or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or noncommercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. We (or the respective third-party owners of any Website content) retain all right, title, and interest in the Website, and any content, features, or products or services offered on the Website, including any and all intellectual property rights. We (or the respective third-party owners of content) reserve all rights not expressly granted. Any unauthorized use terminates the permissions or licenses granted herein.

Except as otherwise expressly stated, all content appearing on the Website is the copyrighted work of GATEKEEPER or its third-party content suppliers and is protected by U.S. and international copyright laws.

Except as otherwise expressly stated herein, you may not modify, copy, distribute (for compensation or otherwise), transmit, display, perform, license, create derivative works from, transfer, or sell any information or content from the Website, in whole or in part, including any text, images, audio, and video in any manner, without our prior written authorization or the authorization of any applicable third-party suppliers.

Trademarks and Service Marks

Certain trademarks including the GATEKEEPER logo and https://www.gatekeeperk9rescue.org domain name are trademarks of GATEKEEPER. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on or in the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website without our prior written authorization.

Connection Requirements

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and we reserve the right to change the configuration of the Website at any time without prior notice.

Prohibited Use

Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by us to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) any use other than the purpose for which it was intended, is prohibited.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

User-Generated Content

With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Policy), any information transmitted by you (or any other user) to GATEKEEPER via this Website (“User-Generated Content”), whether by direct entry, submission, social media posting, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become available to us. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User-Generated Content that you post on or in connection with the Website. By submitting User-Generated Content, you represent and warrant that you possess all necessary legal rights, power and authority to grant to GATEKEEPER and its partner organizations the foregoing license. You further represent, warrant and agree that User-Generated Content you submit will not infringe the rights of any third party, including copyright, trademark, privacy and publicity rights and that the User-Generated Content will not contain false, misleading, defamatory or unlawful statements.

We, our affiliates and our partner organizations may use User-Generated Content for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting on this Website, our other websites and elsewhere. Furthermore, you agree that we, our affiliates and our partner organizations may use your submissions, username, likeness, photos, metadata, and other actions you take on the site to promote activities of GATEKEEPER and its partner organizations. We, our affiliates and our partner organizations shall be free to use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purpose whatsoever.

We may edit, reformat and otherwise modify or transform User-Generated Content to comply with our technical and editorial requirements. We also reserve the right (but have no obligation) to remove any User Generated Content, that we, in our sole discretion, deem objectionable, contrary to the mission of GATEKEEPER, our affiliates and our partner organizations, defamatory, infringing or unlawful or any User-Generated Content that links to or references such materials. You may report objectionable User-Generated Content to us as described in the “Contacting Us” section below. We will address such requests on a case-by-case basis.

Third Party Services and Social Media Platforms

The Website contains embedded information from and hyperlinks to other sites and social media platforms owned and operated by parties other than GATEKEEPER. GATEKEEPER may also establish official profile pages on such third-party websites and social media platforms. Even though we may post information to or communicate with you through these third-party sites and social media platforms, the sites and platforms are operated by third parties and may be available to other users or the general public. Accordingly, we cannot control such third-party websites and social media platforms and cannot be held responsible for their content or accuracy or the actions of their operators or users.

You have the ability to make donations to Gatekeeper through the Website (each such donation, a "Donation"). You may be asked to supply certain information relevant to your Donation including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Donation. We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those third parties. For information about how we use your credit card and billing information, including how we share it with third-party payment processors and vendors, please visit our Privacy Policy.

Please also note that your use of such third-party websites and social media platforms is subject to any terms of use and privacy policies established by the operators of the websites and platforms. Your posts on social media platforms may be visible to other users of the platforms or even to the general public. Be sure to carefully review privacy controls offered by social media platforms before posting.

No Editorial Control of Third-Party Content; No Statement as to Accuracy

You acknowledge and agree that GATEKEEPER has the right, but not the obligation, to screen, review, and monitor all User‑Generated Content. GATEKEEPER may, in its sole discretion, remove User-Generated Content that it determines to be inappropriate for the Website. Any opinions, statements, products, services or other information contained in User-Generated Content or expressed or made available by third party suppliers on the Website are those of such users or third-party suppliers. We do not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any user or third party, or represent or warrant that your use of the content displayed on or provided through the Website (including any User-Generated Content), or any referenced content or content provided by service providers will not infringe rights of third parties not owned by or affiliated with us.

Disclaimer

We provide the Website for the benefit of our users. We make no warranty or guarantee about the accuracy, completeness, or adequacy of the content contained in or linked to the Website. Users relying on the content do so at their own risk.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND SATISFACTORY QUALITY. WE MAKE NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, CONTENT, OR  USER CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, CONTENT, OR USER CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Entire Agreement

These Terms, the Privacy Policy, and other policies we may post on the Website constitute the entire agreement between us and you in connection with your use of the Website, and they supersede any prior agreements between us and you regarding use of the Website, including prior versions of these Terms.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms are governed by the laws of the State of New York and controlling United States Federal Law without regard to any conflicts of law provisions. All disputes arising under these Terms shall be submitted to the courts of Onondaga County, New York, or the United States District Court for the Northern District of New York. All parts of these Terms apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship

Neither these Terms, nor any content offered through the Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us

If you have any questions or concerns about these Terms, please contact us using the form located at https://www.gatekeeperk9rescue.org/contact or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Gatekeeper K9 Rescue

PO Box 826

Baldwinsville, NY 13027

gatekeeperk9rescue@gmail.com