TERMS OF USE – WildHelp

December, 2015

By accessing, browsing and/or using the WildHelp mobile device software application (“WildHelp App”, the “Application”, “WildHelp Application”), the WildHelp website (“Site”), and any other mobile or web services or applications owned, controlled or offered by National Association for Wildlife Emergency Services (collectively, the “NAWES Services”), you acknowledge that you have read and agree to be bound by these Terms of Use (the “Terms”).

These Terms constitute a binding agreement (the “Agreement”) between you and National Association for Wildlife Emergency Services governing your use of the Application and NAWES Services.

By using the Application, you represent and warrant that you have read, understood, have the legal capacity, and agree to be bound by these terms and conditions.

INTRODUCTION

The National Association of Wildlife Emergency Services (“NAWES”, “we”, or “us”) is the provider of WildHelp, a mobile application that assist users in locating help for wild animals found in distress.

Contact with a wild animal can be dangerous. Approaching or attempting to confine a wild animal may place you and others at risk, and, may result in greater harm to the animal.

Additionally, most wild species are protected by state and/or federal laws, prohibiting any or all of the following: approach, pursuit, contact, confinement, transport, or disturbance of wild animals. It is your responsibility to know the specific laws and regulations governing the species you have encountered.

ELIGIBILITY

You must be eighteen (18) years of age to use the WildHelp Application. By accessing WildHelp, you hereby affirm and warrant that you comply with this age requirement and can lawfully comply with these Terms. NAWES requires that users who are under eighteen (18) years of age obtain parental consent before using the Application.

CALL-BACK NUMBER REQUIREMENT

It is essential for first responders to have contact with the person(s) reporting an animal in distress. Therefore, a valid phone number is required for the App to work.

CHANGES TO THIS AGREEMENT

NAWES reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. It will post the most recent version of these terms and conditions on its website at www.wildhelp.org with a date indicating when changes were last made. Any modifications will become effective immediately upon posting. Please check for updates each time you use the Application to keep appraised of any changes. Your continued use of the Application following the posting of modifications will constitute your acceptance of the revised terms and conditions.

PRIVACY

NAWES has established a Privacy Statement to explain to users how their information is collected and used. You may view the Privacy Statement at http://www.wildhelp.org/privacy-statement/. Your use of the Application signifies your acceptance of the Privacy Statement.

LICENSE – PRIVACY

By downloading and using using the Application, you grant NAWES a worldwide, royalty-free, non-exclusive and irrevocable license to store, copy, provide and display any content you provide in accordance with NAWES’ Privacy Statement. You continue to retain all ownership rights in such content and you remain solely responsible for such content and any material or information submitted to the Application.

NAWES has the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content input by users, and may remove any content that is inappropriate or that potentially infringes on the intellectual property rights of another party or violates these terms of use or the law.

You acknowledge and agree that NAWES shall not assume or have any liability for any action or inaction by NAWES with respect to any data, material, content or input entered by you into the Application.

USER CONDUCT

You agree that you will not use the Application in any way that violates applicable federal, state, local or international law, or for any unlawful purpose. You agree that you will use this Application safely and responsibly and that you will not upload information, pictures or other content that is unsafe or illegal or engage in such behavior. NAWES will bear no liability for any loss, damage, injury, harm or death resulting from dangerous, illegal or irresponsible activity. NAWES reserves the right to terminate your access to and use of the Application if, in its sole discretion, your conduct violates any of the following prohibited acts:

1. Commercial use of the WildHelp Application and any content, information, data, technology and/or other material found or accessed on, or otherwise made available by or through the WildHelp Application or otherwise provided by NAWES Services.

2. Misrepresentation of your identity or impersonation by you in the course of using the WildHelp Application or NAWES Services.

INTELLECTUAL PROPERTY – LICENSE

NAWES is the exclusive owner of all right, title and interest in the Application software and design and any content that it authors or creates and makes available on the Application. You are granted a limited, non-exclusive, non-transferable, revocable license to access the Application in strict accordance with this Agreement solely for the purpose of locating aid for a wild animal in distress. The foregoing limited license will not be construed as conferring any right in any copyright or other intellectual property right in the Application software.

SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

NO WARRANTIES

NAWES provides the Application and its services “as is”, “with all faults” and “as available” and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. By using the Application you acknowledge and agree that you will not hold NAWES accountable for any technical errors.

To the maximum extent permitted by applicable law, NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates make no representations or warranties, express of implied. NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates disclaim any and all warranties, statutory and implied, including without limitation (1) Warranties or conditions or merchantability, fitness for a particular purpose, accuracy and non-infringement; (2) warranties or conditions arising through course of dealing or usage or trade; and (3) warranties or conditions that access to or use of the Application will be uninterrupted or error free.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above might not apply to you.

LIMITATION OF LIABILITY

All content, information, data, technology and other material found or accessed on, or otherwise made available by or through the WildHelp Application or otherwise provided by NAWES Services (collectively “Content”) is made available for personal informational purposes only. You may not use Content for any commercial purposes without our express written consent.

You understand that your use of the WildHelp Application or any other NAWES Services, including your possession of, or reliance on, Content, may involve known, unknown and unanticipated risks that could result in injury or illness, including, but not limited to, dangers posed by wild animals, dangers that may be caused by the acts of other users or other third parties, or occurrences beyond the control of NAWES.

By using the WildHelp Application or any other NAWES Services, including your possession of, or reliance on, Content, you assume all such risks and dangers and all responsibility for any losses and/or damages. You voluntarily release, waive, discharge and hold harmless NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates from any and all claims, demands or causes of action for bodily injury, property damage, wrongful death, loss of services or other claims that in any way arise from or are related to your use of the WildHelp Application and NAWES Services, including your possession of, or reliance on, Content.

In no event shall NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates be liable for any damages including, without limitation, any indirect, consequential, special, incidental or punitive damages arising out of, based on, or resulting from this Agreement or your use of the Application even if NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates have been advised of the possibility of such damages.

Furthermore, you agree to defend, indemnify and hold harmless NAWES, its funders, officers, directors, employees, agents, contractors, and subcontractors from any liability, claim, obligation, demand, causes of action, losses, fees, expenses (“Claims”) associated with your use of the WildHelp Application or any other NAWES Services, including your possession of, or reliance on, Content in any form, including, without limitation, any Claims made by a third party that your use of the WildHelp Application or any other NAWES Services, including your possession of, or reliance on, Content caused damage to such third party. You hereby covenant not to sue or to bring, file, charge, claim, sue or cause, assist, or permit to be brought, filed, charged or claimed any Claims against NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates whatsoever relating to your use or possession of, or reliance on, Content or activities related thereto.

If you are dissatisfied with the Application for any reason including but limited to loss of data or damage to your mobile phone, ipad or computer or if you do not agree with any of this Agreement or NAWES’ Privacy Statement, or you have any other dispute or claim with or against NAWES or the Application, then your sole and exclusive remedy is to discontinue using the Application.

In the event that, notwithstanding the foregoing disclaimers and limitations, NAWES is found responsible to any user for any reason whatsoever, NAWES’ responsibility will be limited to the amounts actually paid to NAWES by such user, if any, for use of the Application, and will not include punitive damages or indirect, special, consequential or resulting damages of any nature.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless NAWES, its funders, officers, directors, employees, agents, contractors, subcontractors and affiliates to, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees (on a full indemnity basis), resulting from your use of the Application or from any breach of this Agreement by you.

TERMINATION

NAWES reserves the right to terminate your access to and use of the Application with or without cause or notice, in its sole discretion. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out in this Agreement, 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. A printed version of these terms and conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

NAWES may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other party. Any attempt by you to do so is void.

The failure of NAWES to exercise or enforce any right or provision of the terms and conditions will not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these terms of use and or your use of the Application.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms of use, and that all modifications must be in writing signed by both parties.

FOR APPLE PRODUCT USERS

Acknowledgements: NAWES and you acknowledge that these terms of use are between NAWES and you, and not with Apple. As between Apple and NAWES, NAWES is solely responsible for the WildHelp Application and its content. To the extent these terms of use are less restrictive than, or inconsistent with, the Usage Rules set forth for Licensed Applications in the Apple App Store Terms of Service agreement (the “Apple Usage Rules”), the Apple Usage Rules apply. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the WildHelp Application.

In the event of any failure of the WildHelp Application to conform to any applicable warranty, you may notify Apple. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the WildHelp Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

As between Apple and NAWES, NAWES is responsible for addressing any claims you may have relating to the WildHelp Application or your use of the WildHelp Application, including, but not limited to: (i) product liability claims; (ii) any claim that the WildHelp Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

As between Apple and NAWES, NAWES will be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim that the WildHelp Application or its use infringes a third party’s intellectual property rights.

You and NAWES acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions as a third party beneficiary thereof.

You represent and warrant that you will comply with all applicable third party terms of agreement when using the WildHelp Application. For example, if you have a VoIP application, you will not be in violation of your wireless data service agreement when using the WildHelp Application.

By using the Application, you represent and warrant that you have read, understood, have the legal capacity, and agree to be bound by these terms and conditions.