Agreement between User and wildlifemadgascar.org
Welcome to wildlifemadagascar.org. The wildlifemadagascar.org website (the “Site) is comprised of various webpages operate by Wildlife Madagascar. wildlifemadagascar.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of wildlifemadagascar.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
wildlifemadagascar.org is a non-profit website.
Wildlife Madagascar’s website provides users with an overview of the organization’s mission and vision and details of its conservation work in Madagascar. Individuals can sign up to become members, review the organization’s social media content, make donations, and buy Madagascar and Wildlife Madagascar themed merchandise.
Electronic Communications
Visiting wildlifemadagascar.org or sending emails to Wildlife Madagascar constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You many not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wildlife Madagascar is not responsible for third party access to your account that results from theft or misappropriation of your account. Wildlife Madagascar and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Wildlife Madagascar does not knowingly collect, either online or offline, person information from persons under the age of thirteen. If you are under the age of 18, you may use wildlifemadagascar.org only with permission of a parent or guardian.
Cancellation or Refund Policy
If you’re looking to return or exchange your order for whatever reason, we’re here to help! We offer free returns within 30 days of purchase. You can return your product for credit or a different product. Please note the following exceptions to our return and refund policy.
Below are some common exceptions:
-Discounted items are final and can’t be returned or exchanged.
-Returned items must have tags still on and be returned in original product packaging.
-Returned items must have no visible signs of wear or use.
Links to Third Party Sites/Third Party Services
Wildlifemadagascar.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wildlife Madagascar and Wildlife Madagascar is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wildlife Madagascar is providing these links to you only as a convenience, and the inclusion of any link doesn’t apply endorsement by Wildlife Madagascar of the site or any association with its operators.
Certain services made available via wildlifemadagscar.org are delivered by third party sites and organizations. By using any product, service, or functionality originating from the wildlifemadagacar.org domain, you hereby acknowledge and consent that Wildlife Madagascar may share such information and data with a third party with whom Wildlife Madagascar has a contractual relationship to provide the requested product, service, or functionality on behalf of wildlifemadagascar.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a nonexclusive, nontransferable, revocable license to access and use wildlifemadagascar.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Wildlife Madagascar that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You many not use this Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You many not obtain or attempt to obtain any materials or information through any means not intentionally made available or provide for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Wildlife Madagascar or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wildlife Madagascar content is not for resale. Your use of the Site doesn’t entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Wildlife Madagascar and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wildlife Madagascar or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Wildlife Madagascar from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wildlife Madagascar content accesses through wildlifemadagacar.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Wildlife Madagascar, its officers, directors, employees, agents, and third parties, for any losses, liabilities, expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violations of any applicable laws, rules, or regulations. Wildlife Madagascar reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wildlife Madagascar in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Abritraion Association, or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result from these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Wildlife Madagascar agree otherwise, the arbitrator many not consolidate more than one person’s claims, and my not otherwise preside over any form of representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHIC ERRORS. CHANGES ARE PERIORDICALLY ADDED TO THE INFORMATION HEREIN.
WILDLIFE MADAGASCAR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WILDLIFE MADAGASCAR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXMIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILDLIFE MADAGASCAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WILDLIFE MADAGASCAR OR ANY OF ITS SUPPLIERS HAS BENN ADVISED OF THE POSSIBILITY OF DAMAGES, BECAUSE SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSASTIFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCOUNTINUE USING THE SITE.
Termination/Access Restriction
Wildlife Madagascar reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of State of California and your hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wildlife Madagascar as a result of this agreement or use of the Site. Wildlife Madagascar’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wildlife Madagascar’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provide to or gathered by Wildlife Madagascar with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wildlife Madagascar with the respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Wildlife Madagascar with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings base upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Wildlife Madagascar reserves the right, in its sole discretion, to change the Terms under which wildlifemadagascar.org is offered. The most current version of Terms will supersede all previous versions. Wildlife Madagascar encourages you to periodically review the Terms and to stay informed of our updates.
Contact Us
Wildlife Madagascar welcomes your questions or comment regarding the Terms:
Wildlife Madagascar
2907 Shelter Island Drive, Suite 105, PMB 1024
San Diego, CA 92106
Email: info@wildlifemadagascar.org
Effective as of April 1, 2023