1. Introduction, Acceptance of Agreement, and Scope of Application
The Foundational Principles Governing Your Engagement with HVAWO
Welcome to the digital and operational terms and conditions (the “Terms”) for Heidi’s Village Animal Welfare Organization (HVAWO), a dedicated non-profit entity committed to providing safe havens and second chances for animals in need, located at 600 N 40th Street, Phoenix, AZ 85008. These comprehensive Terms constitute a legally binding agreement between you (“User,” “Applicant,” “Donor,” “Volunteer,” or “You”) and HVAWO (“Organization,” “We,” “Us,” or “Our”) and govern your access to and use of our official website (hvawo.site), all associated subdomains, digital services, applications, and any interactions, transactions, or agreements conducted with us, including, but not limited to, the submission of adoption applications, participation in volunteer programs, and the processing of financial donations. By accessing or utilizing any part of our website or engaging with any HVAWO program or service, you signify your irrevocable acceptance of these Terms in their entirety, without modification, exception, or qualification, acknowledging that you have read, understood, and agree to be bound by every provision contained herein. If you do not agree to these Terms, or any future modifications thereof, you are strictly prohibited from using or accessing our website and engaging in our services, and your sole recourse is to immediately cease all such use and communication. These Terms are designed to protect the integrity of our mission, ensure the safety and responsible placement of our animals, and maintain the legal and operational stability required to sustain our life-saving work in the community. Furthermore, these Terms explicitly incorporate, by reference, our Privacy Policy and any specific guidelines or rules published on our website regarding adoptions, fostering, or volunteer conduct, and your acceptance of these Terms constitutes acceptance of all referenced policies as well.
2. Modifications to Terms and Governing Law
Continuous Review and Jurisdiction over the Agreement
HVAWO reserves the absolute right, in its sole and unfettered discretion, to revise, modify, update, or replace any portion of these Terms and Conditions at any time and for any reason, including, but not limited to, reflecting changes in our operational structure, legal requirements, technological advances, or shifts in best practices within the animal welfare sector. When modifications are made, we will update the “Last Updated” date at the beginning of this document, and for material changes, we may elect to provide a prominent notice on our website or through other communication channels, although it remains your sole responsibility to check these Terms periodically for changes. Your continued access to or use of the website or participation in HVAWO programs following the posting of any changes constitutes your formal acceptance of those changes, reaffirming your consent to the newly revised Terms as a continuation of your binding agreement. Should you object to any such modification, your exclusive remedy is to immediately discontinue all use of our services and, where applicable, formally terminate your relationship with the Organization according to the procedures outlined in Section 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms, the use of the website, or any related services shall be exclusively instituted in the state or federal courts located in Maricopa County, Arizona, and you irrevocably consent to the personal jurisdiction and venue of such courts for the purpose of litigating all such disputes.
3. Intellectual Property Rights and Content Usage Restrictions
Protection of HVAWO’s Digital and Creative Assets
All content, materials, functionality, and services available on the HVAWO website, including, but not limited to, text, graphics, organization logos, photographic images of animals and staff, video content, design elements, informational databases, adoption applications, and the selection and arrangement thereof (collectively, the “Content”), are the exclusive property of Heidi’s Village Animal Welfare Organization, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. HVAWO grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content solely for informational, non-commercial, and educational purposes related to our mission, such as learning about our programs, reviewing adoptable animals, or making a donation. This license does not permit you to modify, copy, reproduce, republish, distribute, sell, or exploit the Content for any commercial purpose without the express, prior written consent of an authorized officer of HVAWO. Unauthorized use of the Content, including the unauthorized use of our logo or brand identity, is strictly prohibited and constitutes a material breach of these Terms, potentially leading to immediate termination of your access and subjecting you to civil and criminal penalties, including but not limited to, injunctive relief and monetary damages. The name “Heidi’s Village Animal Welfare Organization,” the HVAWO logo, and all related names, product names, service names, designs, and slogans are trademarks of HVAWO or its affiliates or licensors, and you must not use such marks without the prior written permission of the Organization.
4. Online Donations and Financial Transaction Terms
Commitment to Transparent and Secure Financial Stewardship
All monetary contributions, fees for services, and other payments made to Heidi’s Village Animal Welfare Organization through our website or via other designated digital platforms are processed under these specific financial terms, confirming your understanding of the nature of your transaction. Donation Nature and Finality: All donations made to HVAWO are considered unrestricted gifts and are fully tax-deductible to the extent allowed by law; however, donations are entirely voluntary, irrevocable, and non-refundable, reflecting the immediate allocation of resources toward animal care, veterinary services, and operational costs. Once a donation transaction is completed and confirmed, HVAWO cannot process a refund, regardless of the amount or the donor’s subsequent change of heart, as these funds are promptly committed to our life-saving mission, such as purchasing specialized medical supplies or funding emergency surgeries. Processing and Security: All online financial transactions are handled by secure, vetted, third-party payment processors who utilize industry-standard encryption and security protocols (PCI compliance) to protect your sensitive financial data; HVAWO itself does not store full credit card numbers or banking information on our servers, retaining only transaction confirmation data necessary for record-keeping and IRS compliance. Tax and Receipting: HVAWO will issue an official donation receipt for tax purposes in accordance with IRS regulations, provided the donor has supplied accurate and complete identifying information, including a current mailing address or email address; it is your exclusive responsibility to ensure the accuracy of the information provided for proper receipting, and HVAWO holds no liability for tax consequences arising from inaccurate donor data. Recurring Donations: If you opt for a recurring or monthly donation, you authorize HVAWO, through its third-party processor, to charge your designated payment method on the specified recurrence schedule until you formally cancel the recurring donation arrangement; cancellation must be executed through the designated portal or by written notice to our Development office at least ten (10) business days prior to the next scheduled deduction, otherwise, the next charge will proceed as authorized. Transaction Errors: In the event of a demonstrable processing error or an unauthorized charge resulting from a direct fault of HVAWO’s system (excluding fraud or error by the cardholder or the third-party processor), HVAWO will investigate the claim promptly upon written notification and, if verified, will make reasonable efforts to reverse or correct the erroneous charge, although HVAWO’s liability is strictly limited to the amount of the incorrect transaction itself. By completing a financial transaction, you expressly represent and warrant that you are the lawful owner of the payment method being used and that you have the requisite authority to initiate the transaction, fully accepting the non-refundable and final nature of your contribution toward our animal welfare mission.
5. Terms Governing Adoption Applications and Process
Mandatory Requirements and Conditional Engagement for Animal Placement
Participation in the HVAWO adoption process, beginning with the submission of an application, is strictly governed by these conditional terms, recognizing the critical responsibility we hold for the long-term safety and welfare of the animals in our care. Application Submission and Eligibility: The submission of an adoption application is merely an expression of interest and does not, under any circumstances, guarantee the approval of an adoption or the reservation of any specific animal; all applicants must meet our rigorous, non-negotiable eligibility criteria, which may include age restrictions (must be 21 years or older), local residency requirements, verifiable landlord permission (if renting), and satisfactory veterinary and personal reference checks. Due Diligence and Investigation: You expressly grant HVAWO the unqualified right to conduct thorough due diligence and investigations into the information provided on your application, which includes, but is not limited to, verifying employment details, contacting landlords or property managers, interviewing personal references, and contacting listed veterinarians to confirm the history and status of existing pets; you acknowledge that any misrepresentation, falsification, or omission of material facts during this process will result in the immediate and permanent rejection of your application and potential exclusion from future adoptions. Right of Refusal and Discretion: HVAWO retains the absolute right, at its sole and exclusive discretion, to deny any adoption application, at any stage of the process, without providing specific reasons or justification, should our Adoption Counselors determine that the placement is not in the best interest of the animal, the applicant, or the community; this right is exercised to ensure the highest standard of animal welfare and is not subject to appeal under these Terms. Adoption Contract Finalization: Upon conditional approval, the actual legal transfer of ownership and custody is governed exclusively by a separate, formal Adoption Contract executed in person at our facility (600 N 40th Street, Phoenix, AZ 85008); this contract contains specific, legally binding covenants related to lifetime care, medical provisions, return policy (which typically mandates return to HVAWO if the adopter can no longer keep the pet), and transfer restrictions, and the terms of this final contract shall supersede any prior verbal or written representations made during the application process. Animal Health Disclaimer: While HVAWO provides comprehensive veterinary care and discloses all known medical and behavioral history to the best of our ability, we expressly disclaim any and all guarantees or warranties regarding the future health, behavior, temperament, or longevity of any adopted animal, acknowledging that animals are living beings whose health and conduct can change following placement; the animal is adopted “as is,” and the adopter assumes all future risks and responsibilities for veterinary care, food, housing, and behavioral maintenance following the finalization of the Adoption Contract.
6. Volunteer, Foster Program, and On-Site Participation
Waiver of Liability, Conduct Standards, and Termination of Service
All individuals participating in HVAWO’s on-site activities, including volunteering, fostering, attending tours, or otherwise being present at the 600 N 40th Street facility, do so under the explicit acceptance of these liability and conduct terms. Acknowledgement of Risk and Waiver of Claims: You acknowledge and understand that working with or being in proximity to animals, particularly rescued animals with unknown or challenging histories, inherently involves risks of personal injury, including but not limited to, animal bites, scratches, falls, exposure to zoonotic diseases, and property damage. By participating, you voluntarily assume all such risks and, to the fullest extent permitted by Arizona law, you hereby irrevocably and unconditionally release, waive, and forever discharge HVAWO, its officers, directors, employees, agents, and insurers from any and all claims, liabilities, demands, actions, or causes of action whatsoever, whether known or unknown, arising out of or related to any personal injury, death, or property damage incurred during your participation in HVAWO programs, including those potentially caused by the negligence of HVAWO personnel. Conduct Standards and Authority: Volunteers and participants are required to adhere strictly to all HVAWO safety protocols, operational guidelines, and the instructions provided by staff members at all times; any behavior deemed unsafe, inappropriate, disruptive, or in violation of HVAWO’s ethical standards, including mistreatment of animals, breach of confidentiality, or failure to follow medical protocols, will result in immediate, non-appealable termination of participation privileges and potential permanent banishment from the facility. Foster Program Specifics: Participation in the Foster Program is conditioned upon the acceptance of a separate, detailed Foster Agreement, which outlines explicit responsibilities regarding animal care, feeding, medical transport, and mandatory communication requirements; HVAWO retains legal ownership and medical decision-making authority for all animals placed in foster care, and failure by the Foster Parent to comply with any term of the Foster Agreement constitutes a breach that requires the immediate return of the animal to the HVAWO facility upon demand.
7. Disclaimer of Warranties and Limitation of Liability
The Extent of HVAWO’s Responsibility and Commitments
The HVAWO website and all content, services, programs, and materials provided therein are offered on an “as is” and “as available” basis, without any warranties, express or implied, of any kind whatsoever. HVAWO expressly disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, and accuracy of information. We do not warrant that the website will be uninterrupted, error-free, timely, secure, or free from viruses or other harmful components, nor do we guarantee the accuracy, completeness, or reliability of any information, including animal descriptions, medical disclosures, or program details, provided on the website. You acknowledge and agree that your use of the website and reliance on any information contained within is solely at your own risk. Furthermore, to the maximum extent permitted by applicable law, in no event shall HVAWO, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (a) the use or inability to use the website or services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party; or (e) any other matter relating to the website or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if HVAWO has been advised of the possibility of such damages. This limitation of liability applies universally to all users of our site and services.
8. Indemnification and Termination
Protecting the Organization from External Claims
You agree to defend, indemnify, and hold harmless Heidi’s Village Animal Welfare Organization, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms or any referenced policy, including the willful breach of any adoption or foster agreement; (b) your use of the website’s Content in violation of the Intellectual Property restrictions outlined in Section 3; (c) any injury or damage caused by an animal adopted or fostered by you after the effective date of the relevant contract; (d) any information or data you provide to HVAWO, including fraudulent or misleading application details; or (e) your negligence or willful misconduct while participating in any HVAWO on-site program or activity at the Phoenix facility. Termination: HVAWO reserves the right, without notice and at its sole discretion, to terminate or suspend your access to all or part of the website and services, including the denial of pending adoption applications or the revocation of volunteer status, for any reason, including, but not limited to, breach of these Terms, failure to comply with safety protocols, or any conduct that HVAWO deems harmful to its mission, reputation, animals, or employees. Upon termination, all rights and licenses granted to you under these Terms will immediately cease, and you must destroy all copies of Content obtained from the website.
9. Third-Party Links and Miscellaneous Provisions
External Connections and Final Legal Stipulations
Links to Third-Party Websites: The HVAWO website may contain links to external third-party websites, resources, and services that are not owned or controlled by HVAWO, such as those related to local veterinarians, partner rescue groups, or educational resources. These links are provided solely as a convenience to our users. HVAWO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and the inclusion of any link does not imply endorsement by HVAWO. You acknowledge and agree that HVAWO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services, and you access them entirely at your own risk. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be substituted with a provision that most closely reflects the original intent while remaining enforceable. Waiver: No waiver by HVAWO of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HVAWO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Entire Agreement: These Terms and Conditions, together with our Privacy Policy and any other specifically referenced legal documents (such as the final Adoption Contract), constitute the sole and entire agreement between you and Heidi’s Village Animal Welfare Organization regarding the website, your use of our services, and your participation in our programs, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
10. Contact Information for Legal and Policy Matters
Formal Correspondence Regarding These Terms
For all inquiries, notices, or official correspondence related to these Terms and Conditions, including breach notifications, questions about liability, or requests for information on legal compliance, you must use the following formal contact information:
Legal Compliance Officer Heidi’s Village Animal Welfare Organization (HVAWO) Address: 600 N 40th Street, Phoenix, AZ 85008 Email: info@hvawo.site (Please include the subject line: “Attention: Terms and Conditions Legal Inquiry”)