Petpass TOS

PETPASS TERMS OF USE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NORTH SHORE ANIMAL LEAGUE AMERICA,
INC. (“NSALA” “WE” OR “US” OR “OUR”) AND THE INDIVIDUAL/ORGANIZATION
AGREEING TO THESE TERMS (“YOU” OR “ORGANIZATION”). NSALA OWNS AND OPERATES
THE PET ADOPTION SAFETY SEARCH DATABASE (“PETPASS”). YOUR USE OF PETPASS IS
GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF
USE AGREEMENT (THE “TERMS OF USE”). BEFORE ACCESSING OR USING ANY PART OF
PETPASS, YOU SHOULD READ CAREFULLY THESE TERMS OF USE. YOUR ACCESS TO AND
USE OF THE PETPASS ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL
APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND
CONDITIONS AS MAY BE SET FORTH BY NSALA.

PetPASS is a national database developed by NSALA. PetPASS is the first
centralized registry of its kind for information on prospective adopters
whose applications have been declined anywhere in the United States. It is
accessed through NSALA’s website and is for use by registered shelter
partners, rescue groups, responsible breeders, and other humane
organizations. This resource is intended to help prevent potential adopters
that were turned away for good cause from one organization from going to a
different organization to adopt. The information retrieved from PetPASS is
intended to be used as an additional resource for organizations to evaluate
a potential adopter, and not necessarily to turn down an adoption. The
decision as to whether or not a person is an appropriate candidate to adopt
a pet will be up to each individual organization, its screening process, and
its policies. PetPASS also houses public information and photos of convicted
animal abusers. PetPASS provides an additional method of screening to inform
adoption decisions with a common goal to ensure every animal enters a
responsible, loving home.

In order to access the PetPASS you must register for an account via our
website (a “User Account”) by providing an email address and a password for
your User Account, as well as any additional information required. You are
responsible for maintaining the confidentiality of the username and
password, and responsible for all activities that occur under your username
and password. You agree to notify us immediately upon becoming aware of or
suspecting any unauthorized use of your User Account or login credentials.

Each organization is responsible for providing access to employees and
volunteers of your respective organization to your User Account.
Organizations should provide credentials for system-wide access to
supervisors/managers, and restrict other users to “read-only” access. You
are responsible for the activities of all users of your User Account, and
maintaining the confidentiality of your User Account, and all credentials,
as well as for all activities that occur under your User Account.

Your organization and all of your users are responsible to ensure all
entries are relevant, truthful, non-discriminatory and accurate facts about
why a particular potential adopter was deemed to be a poor/unfit candidate
for adoption.

You acknowledge and agree that all information in the PetPASS database is
confidential and should be used only for the sole purpose of assessing the
qualification of adopters.
The sharing of information outside of the PetPASS platform is strictly
prohibited i.e. no screenshots, sharing via social media, emails, etc.

NSALA has prepared this PetPASS Terms of Use to provide you with guidelines
to how you may access and use PetPASS. In addition to any other restrictions
or conditions of use, you hereby acknowledge, and represent and warrant,
that you will not:

Contact any of the individuals in this database unless they have applied
to adopt.
Share your PetPASS credentials with anyone outside of your organization.
Use PetPASS for any unlawful, unauthorized, fraudulent or malicious
purpose;
Enter any information about a potential adoptee that is false, offensive,
abusive, libelous, hateful, defamatory, obscene, racist or ethnically,
culturally offensive or an invasion another’s right of privacy or
publicity;
Interfere with or disrupt the integrity or performance of PetPASS or the
data contained therein, or attempt to gain unauthorized access to the
PetPASS or its related systems or networks.

NSALA reserves the right, in its sole discretion and at any time, to modify,
interrupt, limit, suspend or discontinue, temporarily or permanently,
PetPASS, in whole or in part, including, but not limited to, as we deem
necessary for purposes of maintenance, upgrades and the like, or to maintain
PetPASS or to comply with applicable law.

NSALA will have the right to investigate and prosecute violations of any of
these terms and condition to the fullest extent of the law. You acknowledge
that NSALA has no obligation to monitor your access to or use of the
PetPASS, but has the right to do so for the purpose of operating the PetPASS
and to ensure your compliance with these Terms of Use, or to comply with
applicable law or the order or requirement of a court, administrative agency
or other governmental body.

In consideration for your agreement to these Terms of Use, NSALA grants you
a personal, non-exclusive, non-transferable, revocable license to access and
use the Programs solely in accordance with these Terms of Use.

PETPASS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE
AND AGREE THAT i) NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE
MADE NSALA AND NSALA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ii) PETPASS MAY
INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK
OF MAKING USE AND/OR RELYING ON PETPASS

IN NO EVENT SHALL NSALA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES,
WHETHER FORESEEABLE OR UNFORESEEABLE RELATED TO YOUR USE OF PETPASS.

You agree to indemnify and hold NSALA and its subsidiaries, affiliates,
officers, agents, directors, licensors, contractors and employees harmless
from any claims, actions, costs, liabilities, expenses and damages,
including reasonable attorneys’ fees and expenses, made against NSALA by any
third party due to or arising out of your use of PetPASS or your violation
of these Terms of Use

These Terms of Use has been made in and will be construed and enforced
solely in accordance with the laws of the United States of America and the
State of New York, U.S.A. as applied to agreements entered into and
completely performed in the State of New York. You and NSALA each agree to
submit to exclusive subject matter jurisdiction, personal jurisdiction, and
venue to the federal and state courts located in New York County, New York.

NSALA reserves the right to change, alter, replace or otherwise modify these
Terms of Use at any time. The date of last modification is stated at the end
of these Terms of Use. It is your responsibility to check this page from
time to time for updates, and you hereby acknowledge and agree that you will
be bound by the then current posted Terms of Use.

Terms of Use: Last Updated 10.13.23