Terms and conditions
Acceptance of Terms
These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User,” “you,” or “your”), and Two Hearts Wildlife Rehab Rescue and Sanctuary, a licensed non-profit organization (“Two Hearts,” “we,” “us,” or “our”), concerning your access to and use of the thwrrs.site website, all associated digital content, online services, applications, and communications (collectively, the “Services”). By accessing, browsing, or utilizing any aspect of the Services, including making a donation, reporting a rescue, applying to volunteer, or registering for an event, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms and Conditions, you are expressly prohibited from using the Services and must discontinue use immediately. These Terms shall remain in full force and effect while you use the Services. No failure by us to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates, and your continued use of the Services after the date such revised Terms are posted constitutes your acceptance of the revisions.
Nature and Purpose of Our Services
Two Hearts provides Services solely for the purpose of furthering our mission: the rescue, rehabilitation, and eventual release of injured and orphaned native wildlife, coupled with public education on conservation and coexistence. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, or other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Your use of Third-Party Websites and Third-Party Content is at your own risk.
Intellectual Property Rights
Unless otherwise indicated, the Services and all associated content, including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Any breach of these Intellectual Property Rights will constitute a material breach of these Terms and your right to use our Services will terminate immediately.
User Representations and Prohibited Activities
By using the Services, you represent and warrant that all registration information you submit is truthful, accurate, and complete. You also warrant that you will maintain the accuracy of such information and promptly update it as necessary. Furthermore, you represent that you have the legal capacity and agree to comply with these Terms and that you are not a minor in the jurisdiction in which you reside. Your use of the Services must not violate any applicable law or regulation. As a User, you agree to engage in activities that support our mission and respect the integrity of our organization and the wildlife under our care. You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to: systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; circumventing, disabling, or otherwise interfering with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein; using the Services to advertise or offer to sell goods and services; engaging in unauthorized framing of or linking to the Services; harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Services to you; attempting to impersonate another user or person or use the username of another user; using any information obtained from the Services in order to harass, abuse, or harm another person; or submitting false reports of abuse or misconduct to us, especially in regards to false reports of injured wildlife.
Disclaimer Regarding Wildlife Rescue Information
The Services provide information regarding wildlife conservation, best practices for coexistence, and protocols for reporting injured or orphaned animals (“Rescue Information”). This Rescue Information is for educational and guidance purposes only and is based on general principles of wildlife rehabilitation. Two Hearts is not responsible for any injury, loss, or damage that may result from the User’s attempted application of this Rescue Information. Wildlife rescue and handling carry inherent risks to both the animal and the human handler, including potential injury, transmission of disease (zoonosis), and legal penalties for unauthorized possession of protected species. The Services do not replace immediate professional medical or veterinary advice or intervention. You acknowledge that the telephone triage provided by Two Hearts staff is based solely on the information you provide and is not a substitute for an in-person veterinary examination or professional assessment. Your decision to handle, contain, or transport any wildlife is done at your own risk and liability, and you must strictly adhere to all local, state, and federal laws regarding the handling and possession of wildlife. We strongly caution against intervening with wildlife without prior consultation with a licensed professional.
Donations and Financial Transactions
All donations made through the Services are non-refundable and are considered voluntary contributions to support the charitable mission of Two Hearts Wildlife Rehab Rescue and Sanctuary, a registered 501(c)(3) non-profit organization. We utilize secure, PCI-compliant third-party payment processors to handle all financial transactions, and we do not store your full credit card details. By submitting a donation, you represent and warrant that you are authorized to use the payment method designated and that you are making a legal transaction. We reserve the right to refuse or cancel any donation transaction if fraud or illegal activity is suspected. Your donation is tax-deductible to the full extent of the law, and we will provide the necessary tax documentation in compliance with IRS regulations. Two Hearts directs all funds to support its primary charitable activities, including patient care, facility maintenance, medical supplies, and educational outreach, as determined by our Board of Directors. We do not guarantee that your donation will be spent on a specific animal or project unless explicitly designated as such during the checkout process (e.g., a specific sponsorship package).
Volunteer and Service Agreements
By submitting an application to volunteer or accepting a formal position with Two Hearts, you acknowledge that you will be required to execute separate, specific agreements, waivers, and confidentiality documents (“Service Agreements”). These Service Agreements will govern the terms of your service, including your schedule, duties, safety protocols, required training, and acceptance of risk inherent in working with wild animals. These Terms and Conditions supplement and do not replace the stricter requirements and liability waivers contained within those Service Agreements. If any conflict arises between these Terms and a specific executed Service Agreement, the terms of the Service Agreement shall prevail regarding your service and liability to Two Hearts. You acknowledge that volunteering is a non-paid activity and does not create an employer-employee relationship, and you are solely responsible for compliance with all safety procedures and instructions given by Two Hearts staff.
Termination
These Terms and Conditions remain in effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Governing Law and Dispute Resolution
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of South Carolina applicable to agreements made and to be entirely performed within the State of South Carolina, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Sunset, South Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the State of South Carolina. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be held in Sunset, South Carolina, and shall be conducted by an arbitrator who is an attorney experienced in commercial arbitration and is selected pursuant to the rules.
Disclaimers and Limitation of Liability
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites linked to the services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the services; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party; and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communications and Contact
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. For any questions regarding these Terms and Conditions, please contact us at info@thwrrs.site.
