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Last Modified: January 30, 2017

Welcome to the Pet Food Express Adoptions website. By accessing our website, you are consenting to the following terms of use and all corresponding legal terms that go along with it. By accessing or using this site, you agree to follow and be found by these terms.

During your use of http://www.petfoodexpressadoptions.com, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Policy. For more on this, please see our Privacy Policy.

The Material on http://www.petfoodexpressadoptions.com is the property of Pet Food Express, Ltd. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Pet Food Express (or to another party that has licensed their material to Pet Food Express) and is protected by United States and international copyright laws.

Please Respect the Material on http://www.petfoodexpressadoptions.com: You may not reproduce, redistribute or otherwise use any materials without the express written consent of Pet Food Express. Pet Food Express’ trademarks and trade dress may not be used in connection with any product or service that is not Pet Food Express’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Pet Food Express.

The Material Included On This Website Can Be Used For Personal, Informational And Shopping Purposes Only: This means that you agree you will not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless Pet Food Express for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Pet Food Express and that in the event of an unauthorized use, Pet Food Express shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that Pet Food Express believes that you have violated its intellectual property rights, Pet Food Express or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

Limitations on Use

Pet Food Express grants you a non-exclusive, non-transferable, revocable, limited license to view this website, and to download and/or print portions of materials retrieved from this website as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of http://www.petfoodexpressadoptions.com may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Pet Food Express.

In addition, you may not use http://www.petfoodexpressadoptions.com to:
- gain unauthorized access to our website, network or computer systems;
- interfere with any other person's use or enjoyment of the website;
- breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to http://www.petfoodexpressadoptions.com;
- copy any portion of the website or the content except as part of an Internet service provider's incidental caching of pages or for your own personal review later; or
- "hack," interfere with or disrupt the website or any servers directly or indirectly connected with the service or promote any such activity

Disclaimer and Limit on Liability

Pet Food Express Will Do Its Best to Bring You Uninterrupted, Functional Use of its website: That said, we do not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website, app, or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.

Please understand that Pet Food Express disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or app, or any portion of this website or app; (5) your use of this website or app; or (6) your use of any equipment or software in connection with this website or app.

Third Party Websites

As a convenience to you, http://www.petfoodexpressadoptions.com may include links to third party websites or material which are beyond its control. Pet Food Express is not responsible for content on other websites outside of http://www.petfoodexpressadoptions.com. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and Pet Food Express disclaims all liability in connection with your use of a linked website.

Changes in Our Terms of Use

We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. Pet Food Express reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

Disputes and Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Alameda County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Alameda County, California. For the sake of clarity, nothing in this paragraph shall affect Pet Food Express’ ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to http://www.petfoodexpressadoptions.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Children

Parents should always supervise their children while online. The Pet Food Express website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the website.

International Use

Pet Food Express makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

Pet Food Express Community Guidelines

By engaging here, you are agreeing to be a steward of the Pet Food Express community, and thus engender the fellowship, courtesy and shared responsibility as outlined in these guidelines:

- You must be 13 or older to engage in this conversation, and if you are between the ages of 13-18, your parent or legal guardian must have reviewed our Terms and have agreed to them for you to participate.
- Language is a powerful tool - wield it carefully and respectfully. Offensive, off-color, hurtful, damaging, derogatory, provocative, insulting, abusive, harassing, ugly… remarks will not be tolerated. Period.
- Pet Food Express reserves the right to not post or remove any comments at any time for any reason. (Please note: if a portion of a comment is deemed not permissible, the entire comment will not be posted.)
- You reserve the right to flag any comment that you deem inappropriate for immediate review and likely removal by Pet Food Express moderators.
- Please keep comments on-topic - the featured Pet Food Express products and services and your experience with them or thoughts about them are the topic.
- To discuss other pressing Pet Food Express topics - general store experiences or questions, location inquiries, business inquiries, new vendor pitches, employment interests or any other customer service-related matters, please visit our Contact Us page.
- If you have questions or concerns pertaining to a specific store, please contact your [link to local Pet Food Express stores] for assistance.
- Pet Food Express employees may join in the discussion as customers, but will not address internal issues or answer questions on behalf of Pet Food Express.

Notice of Infringement Claims

Pet Food Express respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact Pet Food Express at General Counsel, Pet Food Express, 500 85th Avenue, Oakland, CA 94621 with the following information in a written notice in writing or electronically:

- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Pet Food Express relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Pet Food Express with respect to such subject matter. This Agreement may not be changed, waived or modified except by Pet Food Express as provided herein or otherwise by written instrument signed by Pet Food Express. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Pet Food Express’ prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Pet Food Express may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

To begin the application process, please download and complete the PDF application. Once you complete the application — please email it, a copy of your adoption agreement and a copy of your 501c3 Status (if applicable) to the Web Admin.

Pet Food Express Adoptions: Animal Rescue - Dog Adoption - Cat Adoption

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Pet Food Express (PFE) Adoptions hopes to find loving homes for every adoptable animal in our community.

Here’s how PFE Adoptions works:

Every participating shelter and rescue organization gets a place to put up animal pictures and bios, event information and contact information for their shelter. Visitors to the site can view animals in the data base by type, size, age and activity level and for specific shelters/rescues or from all the shelters/rescues at once. We’ve participated in over 61,500 adoptions through our site and with your help we can go much, much further towards creating happy endings for animals in need of families.

We will send over information to whoever will be responsible at your organization for the picture taking, sizing and uploading of information to the site. Since we know how busy volunteers can be, we've also partnered with Rescuegroups.org and their Pet Adoption Portal, which can automatically send your animal data and pictures to us as well as a long list of pet adoption sites. You update one pet list, and the other web sites get updated! If you're interested in possibly using this service please visit www.rescuegroups.org/services/pet-adoption-portal. They offer all of their services free to animal welfare organizations. If you end up signing up, we just need the id number that they provide you and the information for your organization page.

Criteria for new shelter or rescue group admission

1. Must be an active California animal welfare organizaton with a history of working well in the community.
2. Must be a 501(c)3 organization.
3. Must Have an Adoption Contract.
4. Must charge an Adoption Fee.
5. Must spay/neuter and vaccinate all animals before going home.
6. Must have a facility (including mobile adoption venues) or web site for viewing animals.
7. Must have a number or email to inquire about the animal and to arrange to make an appointment for viewing F2S (face to snout). Pets must be available to be viewed in a public location sometime during the week or weekend (such as at Pet Food Express—but it can be at any mobile adoption location). This can be listed on the site under events.
8. The animals that are on Pet Food Express Adoptions must be up-to-date at all times. This means as soon as an animal is adopted or transferred to another location, it should be taken off the site.

To begin the application process, please download and complete the PDF application. Once you complete the application — please email it, a copy of your adoption agreement and a copy of your 501c3 Status (if applicable) to the Web Admin.

Pet Food Express Adoptions: Animal Rescue - Dog Adoption - Cat Adoption

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Your privacy is very important to us.

Thank you for your interest in using the online services of Pet Food Express, Ltd. Your privacy is important to us and we have prepared this Privacy Policy to explain to you how we collect, use, and share information we obtain through your use of petfoodexpressadoptions.com (the “Site”). This Privacy Policy does not govern our use of any information you provide to us when you call us, write to us, or communicate with us in any manner other than through the Site. Because the Internet is global, information about you that we collect or that you submit may be transferred to, processed in, and held in countries (including the United States) other than the one in which you reside. By using the Site, you explicitly consent to such use of your information and agree to the terms of this Privacy Policy.

1. Personal Information. You can visit the Site without telling us who you are or revealing any information that personally identifies you (which we will refer to in this Privacy Policy as “Personal Information”). If, however, you wish to register to participate in certain programs on the Site, you are required to provide certain Personal Information (e.g., your e-mail address or phone number), and we may ask that you also provide a user name and password. We use your Personal Information to fulfill your requests for products and services, to improve our services, and to contact you from time to time about us, the Site, and our products and services.

2. Non-Personal Information. To help us understand how you use the Site, we may automatically collect information that does not personally identify you (which we will refer to in this Privacy Policy as “Non-Personal Information”). For example, each time you visit the Site we may automatically collect your IP address, browser and computer type, access time, the webpage from which you came, and the  webpage(s) that you access during your visit.

3. Our Information Sharing Practices

(a) Generally. Except as otherwise described in this section of our Privacy Policy, we will never share your Personal Information or Non-Personal Information (which we will refer to in this Privacy Policy collectively as “User Information”) with any third party without your permission.

(b) Public Areas. Your use of areas of the Site that are intended for interaction with other users (e.g., message boards, discussion rooms, and other online forums) may allow you to post information. By choosing to use these areas, you understand and agree that anyone may access, use, and disclose any information that you post to those areas. For example, any information (including images) you post to a lost and found bulletin page on the Site will be accessible to all other users of the Site. In addition, if you are a participating shelter or rescue organization, any Personal Information you provide to enable users of the Site to contact you will be shared.

(c) Aggregated Information. From time to time, we may share your User Information (alone or aggregated with User Information of other users of the Site) with third parties (e.g., third parties who serve advertisements on the Site and who use such information to deliver advertisements that they believe will be relevant to you). We will not share any aggregated User Information, however, in a manner that would enable the recipient to personally identify you. In addition, we may combine Non-Personal Information with Personal Information in a manner that enables us to trace Non-Personal Information to an individual user. We do so, however, only for our own internal business purposes and will not share such combined data with third parties in a manner that would enable the recipient to personally identify you.

(d) Service Providers. From time to time, we may enter into relationships with third parties who provide services to us (e.g., data management, billing, or storage services). In those circumstances, we disclose User Information that is necessary for such service providers to perform those services and require that they maintain the confidentiality of such User Information.

(e) Other Disclosure Scenarios. We reserve the right to share any User Information: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (3) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of the Site’s infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (4) to our parent company, subsidiaries, joint ventures, or other companies under common control with us (in which case we will require such entities to honor this Privacy Policy); and (5) if we are acquired by or merged with another entity.

4. Cookies. We use cookies (which are small amounts of data sent from a web server to your browser that are stored on your computer’s hard drive) to keep track of your use of the Site, to validate your identity, to remember your password and preferences, to tailor the Site to meet your personal interests, and to improve the quality of the Site. In addition, third parties who place advertisements on the Site may also collect information through cookies to ensure that their advertising systems and technologies work properly and to allow them to track responses to their advertisements. Cookies set by these third parties are governed by the privacy policies of those third parties. Generally, you can set your browser not to accept cookies or to notify you if you are sent a cookie, giving you the opportunity to choose whether or not to accept the cookie. Please note that if you do set your browser not to accept cookies, certain areas of our Site may not function properly.

5. Choice/Opt-Out. We offer you the opportunity to choose not to receive communications from us. If you would like to take advantage of this opportunity, please contact us by e mail at webadmin@petfoodexpress.com. Please note that sometimes these requests may take up to ten business days to process and that we are not responsible for removing information about you from the database of any third party to whom we were authorized to disclose your User Information prior to processing your request. Even if you do take advantage of this opportunity, we reserve the right to send you administrative messages relating to the Site (e.g., about changes to this Privacy Policy).

6. Modifying and Deleting Your Information. If you would like to modify or delete from our database any User Information you previously submitted or any information you posted on the Site, please contact us by e mail at webadmin@petfoodexpress.com. Please note that sometimes these requests may take up to ten business days to process, that any User Information that we have copied may remain in back-up storage for some period of time after your request. Also, please note that we will maintain User Information in our database whenever we are required to do so by law.

7. Security. We have implemented reasonable measures to help protect your User Information from loss, misuse, or unauthorized access or disclosure. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your User Information, we cannot guarantee its security.

8. Links. The Site may contain links to other websites. We are not responsible for the privacy practices of any such other website and urge you to review such practices prior to submitting any information to such websites.

9. Children’s Privacy. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Site is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Site to children under the age of 13.

10. Changes. We may update this Privacy Policy from time to time. If under any such update we make any material change to the way in which we are permitted to use your User Information, we will inform you of such change by posting a notice on the Site. Any updated version of this Privacy Policy will be effective as of the date set forth therein and your continued use of the Site after such date constitutes your acceptance of any such updates.
If you have any questions about this Privacy Policy, please feel free to contact us by email at webadmin@petfoodexpress.com.

11. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to webadmin@petfoodexpress.com or write us at: Pet Food Express, 500 85th Avenue, Oakland, CA 94621.

To begin the application process, please download and complete the PDF application. Once you complete the application — please email it, a copy of your adoption agreement and a copy of your 501c3 Status (if applicable) to the Web Admin.

Pet Food Express Adoptions: Animal Rescue - Dog Adoption - Cat Adoption

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In our quest to provide you with the best possible service, we have compiled a list of answers to some of our most commonly asked questions. If you have a question that is not addressed here, please feel free to email us at  webadmin@petfoodexpress.com for further assistance.

1. What is Pet Food Express Adoptions?
Pet Food Express Adoptions is a website that offers the most complete place to find a pet in California.
2. Why was Pet Food Express Adoptions created?
Pet Food Express Adoptions was created to help people in California find adoptable animals in one easy to use website. We have already saved the lives of more than 65,000 animals and hope to save many more, by making the search for a new pet very easy.
3. Who participates in Pet Food Express Adoptions?
Rescue and shelter organizations throughout California.
4. How many animals will a visitor typically find on the site?
On any given day will have an average of 3500 adoptable animals available for viewing. The numbers go up and down as our rescue/shelter groups add new pets and take down adopted pets. Please check back as often as possible so you won't miss any pet. You can always sign up for pet email alerts as well.
 

To begin the application process, please download and complete the PDF application. Once you complete the application — please email it, a copy of your adoption agreement and a copy of your 501c3 Status (if applicable) to the Web Admin.

Pet Food Express Adoptions: Animal Rescue - Dog Adoption - Cat Adoption

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Thank you for your interest in using the online services (the “Services”) operated by Pet Food Express, Ltd. (“Pet Food Express”) and offered through the Web site located at http://petfoodexpressadoptions.com (the “Site”).  These Terms of Service (“Terms”) govern your use of the Service and the Site (collectively, the “Pet Food Express Adoptions Network”).  Please read these Terms carefully.  By using the Pet Food Express Adoptions Network, you are stating that you have read and understand, and agree to be bound by, these Terms.  If you do not agree to these Terms, you are not permitted to use the Pet Food Express Adoptions Network.

1.         Your Responsibilities.  You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Pet Food Express Adoptions Network and for paying all charges related thereto.  When you use the Pet Food Express Adoptions Network, Pet Food Express collects certain personal information about you.  You agree that Pet Food Express may use any information Pet Food Express obtains about you in accordance with the provisions of Pet Food Express’s Privacy Policy.  With respect to any information you provide through the Pet Food Express Network, you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.  In addition, you agree not to use the Pet Food Express Adoptions Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Pet Food Express Adoptions Network or servers or networks connected to the Pet Food Express Adoptions Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the Pet Food Express Adoptions Network.

2.         Postings.  The Pet Food Express Adoptions Network may provide you and other users the opportunity to submit, post, and display information, ideas, opinions, and other materials (collectively, “Postings”). Postings do not reflect the views of Pet Food Express.  Pet Food Express does not pre-screen Postings and you agree that you are solely responsible for all of your Postings.  Pet Food Express is not required to host, display, or distribute any Postings, and may remove at any time or refuse any Postings.  Pet Food Express is not responsible for any loss, theft, or damage of any kind to any Postings and assumes no responsibility or liability arising from the content of any such Postings.  If you choose to submit any Postings, you grant to Pet Food Express and Pet Food Express’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Postings (in whole or in part) in any format or medium now known or later developed (including incorporating the Postings into any other product or service).  You represent and warrant that your Postings will not infringe the intellectual property, privacy, or any other proprietary, legal, or moral rights of any third party.

3.         Copyright Infringement.  Pet Food Express respects the intellectual property rights of others.  Accordingly, Pet Food Express has a policy of removing Postings that violate copyright law, suspending access to the Pet Food Express Adoptions Network (or any portion thereof) to any user who uses the Pet Food Express Adoptions Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Pet Food Express Adoptions Network in violation of copyright law.  Pursuant to Title 17 of the United States Code, Section 512, Pet Food Express has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.  If you believe your copyright is being infringed by a user of the Pet Food Express Adoptions Network, please provide written notice to the following Pet Food Express agent for notice of claims of copyright infringement.

Michael Levy, President
Mark Witriol,Vice-President
Pet Food Express, Ltd.
500 85th Avenue
Oakland, CA 94621
Tel:  (510) 924-3300
Fax: (510) 924-3233

Email:  webadmin@petfoodexpress.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Pet Food Express to locate that material; (d) contain adequate information by which Pet Food Express can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  Please do not send notices or inquiries unrelated to alleged copyright infringement to Pet Food Express’s designated agent.

4.         Termination.  Pet Food Express may terminate your Northern California Pet Adoptions Network membership or suspend your access to all or part of the Northern California Pet Adoptions Network, without notice, if you violate these Terms or you engage in any conduct that Pet Food Express, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Pet Food Express, any other Northern California Pet Adoptions Network user, or any third party.  YOU AGREE THAT PET FOOD EXPRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR POSTINGS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK (OR ANY PORTION THEREOF).  You may discontinue your participation in and access to the Northern California Pet Adoptions Network at any time.  Pet Food Express reserves the right to investigate your use of the Northern California Pet Adoptions Network in the event Pet Food Express, in its sole and absolute discretion, believes you have violated these Terms.

5.         Modifications To Terms.  Pet Food Express may, in its sole and absolute discretion, change these Terms from time to time.  Pet Food Express will post notice of such changes on the Site.  If you object to any such changes, your sole recourse shall be to cease using the Northern California Pet Adoptions Network.  Continued use of the Northern California Pet Adoptions Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

6.         Modifications To Northern California Pet Adoptions Network.  Pet Food Express reserves the right to modify or discontinue the Northern California Pet Adoptions Network with or without notice to you.  YOU AGREE THAT PET FOOD EXPRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD PET FOOD EXPRESS EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK.

7.         Fees.  Pet Food Express reserves the right at any time to charge fees for access to new Northern California Pet Adoptions Network content or services or to portions of the existing Northern California Pet Adoptions Network content or services or to the Northern California Pet Adoptions Network as a whole.  In no event will you be charged for access to any Northern California Pet Adoptions Network content or service, or to the Northern California Pet Adoptions Network as a whole, unless we obtain your prior agreement to pay such charges.  If you do not consent to such charges, however, you may not have access to paid content or services.

8.         Password and Security.  You are responsible for maintaining the confidentiality of your Northern California Pet Adoptions Network password, if any, and you are solely responsible for all activities that occur under your password.  You agree to immediately notify Pet Food Express of any unauthorized use of your password or any other breach of security related to the Northern California Pet Adoptions Network.  Pet Food
Express reserves the right to require you to alter your password if Pet Food Express believes that your password is no longer secure.  YOU AGREE THAT PET FOOD EXPRESS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

9.         Links.  Pet Food Express’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Pet Food Express’s endorsement of such other Web site or resource or its contents.  YOU AGREE THAT PET FOOD EXPRESS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

10.       No Commercial Use.  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Northern California Pet Adoptions Network, use of Northern California Pet Adoptions Network, or access to the Northern California Pet Adoptions Network.  The Northern California Pet Adoptions Network is provided solely for your personal, noncommercial use.

11.       Disclaimer of Warranties.  YOU EXPRESSLY AGREE THAT USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK IS AT YOUR SOLE RISK.  THE  NORTHERN CALIFORNIA PET ADOPTIONS NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PET FOOD EXPRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).  PET FOOD EXPRESS MAKES NO WARRANTY THAT THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  PET FOOD EXPRESS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NORTHERN CALIFORNIA PET ADOPTION NETWORK, OR THAT DEFECTS IN THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK WILL BE CORRECTED.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PET FOOD EXPRESS OR THROUGH THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12.       Limitation of Liability.  YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PET FOOD EXPRESS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK.

13.       Exclusions And Limitations.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that Pet Food Express may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pet Food Express’ liability shall be the minimum permitted under such applicable law.

14.       Indemnification.  You agree to indemnify, defend, and hold harmless Pet Food Express, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.  Pet Food Express reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pet Food Express’s defense of such claim.

15.       Trademarks.  “PET FOOD EXPRESS” and the Pet Food Express design, “NORCALPETADOPTIONS.COM” and the Northern California Pet Adoptions design, as well as certain other of the names, logos, and materials displayed in the Northern California Pet Adoptions Network constitute trademarks, tradenames, service marks or logos (“Marks”) of Pet Food Express or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with Pet Food Express or those other entities.

16.       Copyrights; Restrictions on Use.  The content on the Site (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Pet Food Express or its licensors.  The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Pet Food Express and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use.  Notwithstanding the foregoing, from time to time Pet Food Express may permit you to distribute clips of certain Content, provided that you do so only on your own personal, non-commercial Web pages.  You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.  The forgoing restrictions, however, shall not apply with respect to your own Postings.

17.       Miscellaneous.  These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Pet Food Express makes available through the Northern California Pet Adoptions Network and any additional terms to which you agree when using particular elements of the Northern California Pet Adoptions Network, constitute the entire and exclusive and final statement of the agreement between you and Pet Food Express with respect to the subject matter hereof, and govern your use of the Northern California Pet Adoptions Network, superseding any prior agreements or negotiations between you and Pet Food Express with respect to the subject matter hereof.  These Terms and the relationship between you and Pet Food Express shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence.   All lawsuits arising from or relating to these Terms or your use of the Northern California Pet Adoption Network shall be brought in the Federal or State courts located in Alameda County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.  The failure of Pet Food Express to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Pet Food Express and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Northern California Pet Adoption Network or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Northern California Pet Adoptions Network.

Version:  December 2010

To begin the application process, please download and complete the PDF application. Once you complete the application — please email it, a copy of your adoption agreement and a copy of your 501c3 Status (if applicable) to the Web Admin.