TERMS & CONDITIONS OF USE
Effective Date: October 30, 2026
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
Defenders of Wildlife, a nonprofit 501(c)(3) organization, (hereinafter referred to as “Defenders,” “us,” “we,” “our,” or “Organization”) has created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to all users of our websites, including but not limited to defenders.org and all digital assets contained or offered therein, including any web or mobile applications or domains owned or operated by Defenders that redirect to the defenders.org website or otherwise link to these Terms & Conditions (collectively, our “Services”).
These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms & Conditions. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.
TABLE OF CONTENTS
II. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES
III. USER CONTENT AND SUBMISSIONS
VII. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
a. Errors, Inaccuracies, & Omissions
IX. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
b. Claims and Disputes Must be Filed Within One (1) Year
XII. NOTICE OF COPYRIGHT INFRINGEMENT
XVI. NO THIRD-PARTY BENEFICIARIES; ASSIGNMENT; WAIVER
XVII. CONSENT TO COMMUNICATION
XIX. CHANGES TO THESE TERMS & CONDITIONS
Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section XI. If you do not agree to the Terms & Conditions, then you must not use our Services. If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
For information on how we collect, use, and disclose personal information, please see our Privacy Policy.
Additional terms disclosed for a particular contest, event, donation campaign, purchase, application, or other program apply to that activity. If those terms conflict with these Terms & Conditions, the activity-specific terms control for that activity.
We grant you a limited, revocable, non-exclusive, non-transferable right to review, interact with, and in some instances print content from our Services for your personal, educational, and noncommercial wildlife advocacy purposes, including sharing expressly permitted below, as long as your use does not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owners of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
You must be sixteen (16) years of age or older to submit personal information through the Services. You must be at least eighteen (18) years of age and of legal age to enter into a binding agreement where you reside to purchase any products or make any donations. Any offers of sale or requests for donations are only intended for individuals who are eighteen (18) years of age or older. By making purchases or donations, you affirm that you meet these age requirements and are authorized to use the payment method provided.
Some of the Services may involve becoming a member. You agree to provide accurate, current, and complete information during any donation and/or membership process. Defenders reserves the right to revoke your membership without notice to you in the event you breach any part of these Terms & Conditions.
You are responsible for any content you submit, including photographs, videos, comments, and other media (“Content”), that you transmit through our Services. You agree, represent, and warrant that any Content you transmit through our Services to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to use and transmit such Content. You represent and warrant that photographs, videos, audio recordings, and similar media you submit have not been generated, in whole or in part, or materially altered using artificial intelligence. This restriction does not prohibit routine editing, such as cropping, resizing, or brightness adjustments, provided those edits do not materially change or misrepresent the subjects, events, or other content depicted or recorded. You shall not upload, post, or otherwise make available on or through the Services any Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. We do not accept an obligation of confidentiality for unsolicited ideas or proposals.
You retain ownership of your Content. By submitting Content for publication or sharing through the Services, you grant Defenders a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, modify, adapt, publish, translate, and distribute that Content in any media for our educational, conservation, advocacy, fundraising, and other mission-related purposes, and to authorize our service providers to do so on our behalf. You represent that you have the rights and permissions, including any necessary releases from identifiable individuals, to grant this license. We may use the name or credit you provide with the Content to attribute it to you. This license does not authorize unrelated use of your name or likeness, apply to private account, payment, or donor communications, or override our Privacy Policy. Separate contest or submission rules govern where applicable.
Where we provide public comment areas or other interactive features ("Forums"), Content you post may be viewed and used by others. Do not post confidential information or personal information you do not wish to make public. We may review, decline to publish, or remove Content and restrict participation for violations of these Terms & Conditions, but do not undertake to review every submission. User Content reflects its author’s views and is not endorsed by Defenders. We may preserve or disclose Content as described in our Privacy Policy or as required by law.
When you use an advocacy tool to submit a petition, letter, or public comment, you authorize us and our service providers to transmit your submission and the identifying information described on the form to the identified recipients. Review the form before submitting. Submissions to government officials or agencies may become public records subject to the recipient’s rules. Submit only in your own name or with authorization; participation does not authorize you to speak for or bind Defenders.
Except as set forth herein, all content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are the property of Defenders, its licensors, or other respective rights holders and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial, personal, educational, and wildlife advocacy uses, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish, or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Notwithstanding these restrictions, you may share links to our public pages and use sharing tools and materials we expressly make available for redistribution, subject to any accompanying permissions and attribution requirements. You may copy and distribute Defenders’ fact sheets without alteration if you preserve our logo, address, and copyright notices. No permission extends to third-party Materials beyond the rights we are authorized to grant, or permits you to imply our endorsement or authority to solicit or collect funds on our behalf. Any other use of the Materials is strictly prohibited without the rights holder’s permission. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer or donor identities.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of Defenders, or its licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Defenders, or the applicable trademark owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or their related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights—including without limitation the use of our images and logo for sales or marketing purposes without our consent—or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate us or another; (g) to collect or track the personal information of others; (h) to send advertising or promotional materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (i) for any damaging, obscene or immoral purpose; (j) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (k) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (l) to systematically retrieve 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; (m) to make 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, or creating user accounts by automated means or under false pretenses; (n) use a buying agent or purchasing agent to make purchases on the website; (o) to use the Services to advertise or offer to sell goods and services; (p) to engage in unauthorized framing of or linking to the Services; (q) to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (r) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (s) to sell or otherwise transfer your profile; (t) to use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (u) to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (v) to copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (w) to upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (x) to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (y) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (z) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
We do not target our Services to minors, who are under sixteen (16) (or a higher age threshold where applicable). You agree that you are not under sixteen (16) years of age. We do not intend to collect or process any personal information from anyone under the age of sixteen (16). If we become aware that a user is under sixteen (16) and has provided us with personal information, we will take steps to comply with any applicable legal requirement to remove such personal information. Contact us if you believe that we have mistakenly or unintentionally collected personal information from a person under the age of sixteen (16).
Our Services may contain typographical errors, inaccuracies, or omissions that may relate to the Organization’s offerings, promotions, memberships, campaigns, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.), subject to applicable law. If we cancel a paid order without fulfillment, we will refund the amount paid for that order. This provision does not authorize us to increase a charge or change an accepted restriction on a gift without your consent.
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
You may link to publicly available pages of our Services, including to share conservation information, advocacy campaigns, and donation opportunities, provided that the link does not falsely suggest sponsorship, endorsement, or affiliation with Defenders. You may not frame our Services or use our logos without authorization. We may request removal of links that violate these Terms & Conditions.
Defenders may maintain a presence on social media websites, including Facebook, Instagram, YouTube, and other platforms (collectively, “Social Media Pages”), to provide a place for the public to learn more about Defenders and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages or Forums do not necessarily reflect the opinions or ideas of Defenders. All visitors to our Social Media Pages and Forums must comply with the respective social media websites’ Terms of Use, where applicable. We review some but not all postings to our Social Media Pages and may remove postings that we determine are inappropriate or offensive.
Our Services might include links to other websites, mobile applications, or social media platforms. A link does not by itself imply endorsement, sponsorship, or affiliation. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
Payment for purchases and donations on the Services must be made with a current and valid credit card, debit card, or other payment account ("Payment Account"). These payment options are provided by third parties and our payment processors handle payment credentials on our behalf; we may receive transaction details and limited payment information needed to administer your transaction. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, suspend or terminate your account.
Only the purchase price, donation amount, and any additional charges disclosed to and authorized by you will be billed to the Payment Account you provide to us.
For one-time billing purchases or donations, the amount you authorize will be billed to your Payment Account on a one-time basis at the time of your order.
For subscriptions or monthly, quarterly, or annual donations, the amount you select will be automatically billed to your Payment Account on a recurring basis that you select unless and until you cancel.
By affirmatively selecting recurring payments, you authorize charges in the disclosed amount and frequency until cancellation. We will obtain any additional authorization required by law for changes to those charges. You may cancel a recurring donation by calling 1-800-385-9712 or emailing memberservices@defenders.org, and through any online cancellation option made available for your plan. Cancellation stops future recurring charges and does not automatically refund previous donations. Paid subscriptions, if offered, are subject to the cancellation terms disclosed when you subscribe.
Donations are generally nonrefundable. Requests submitted within ninety (90) days of the donation will be considered case by case under our Donation Refund Policy (https://defenders.org/donation-refund-policy). Contact memberservices@defenders.org regarding a refund request, erroneous charge, or unauthorized donation. This policy does not limit rights or refunds required by law.
Defenders does not solicit or accept contributions prohibited by applicable law, including contributions from a “foreign source of concern” as defined in Section 496.404(14), Florida Statutes. By making a contribution, you represent that neither you nor any person or entity on whose behalf you are making the contribution is a foreign source of concern and that the contribution is otherwise permitted by applicable law. We may request information reasonably necessary to verify eligibility and may decline or, as permitted or required by law, return a contribution.
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS, AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES, LIABILITY OR REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Terms & Conditions shall be governed by and construed in accordance with the laws of the District of Columbia without reference to any conflict of law rules.
Except for claims properly subject to arbitration or eligible for small-claims court, and unless controlling activity-specific terms provide otherwise, disputes arising out of these Terms & Conditions or the Services will be brought in the local or federal courts located in the District of Columbia, and you and Defenders consent to their jurisdiction.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Except if you timely opt out as provided below, you and Defenders agree that any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms & Conditions, and/or the Privacy Policy will be resolved by binding individual arbitration, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to Defenders should be sent to Defenders of Wildlife: attn: Marketing Coordinator, National Headquarters, 1130 17th Street, NW, Washington, DC 20036. Defenders will send its Notice to the mailing or email address you provided. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Defenders are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Defenders may initiate arbitration proceedings to be conducted by a single impartial arbitrator selected under the applicable rules of the American Arbitration Association (“AAA”). Any applicable statutory or contractual limitations period will be tolled from receipt of the required dispute notice through the end of the thirty-day informal-resolution period. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Consumer Arbitration Rules then in effect for consumer disputes and its Commercial Arbitration Rules for other disputes, including any applicable supplementary rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the District of Columbia or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the applicable AAA rules and the arbitrator’s determination of an appropriate hearing format. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the District of Columbia, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: FOR DISPUTES SUBJECT TO ARBITRATION, YOU AND DEFENDERS MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PERSONS’ CLAIMS OR CONDUCT CLASS ARBITRATION. THIS DOES NOT RESTRICT THE AAA’S ADMINISTRATIVE COORDINATION UNDER APPLICABLE SUPPLEMENTARY RULES. Nothing in this Section waives any right to seek public injunctive relief or any other remedy that cannot lawfully be waived. If a court holds that a claim or remedy cannot be arbitrated, that claim or remedy may proceed in court; there will be no class arbitration without both parties’ written agreement. If you opt out of arbitration, this class action waiver does not apply.
EXEMPT CLAIMS: You and Defenders agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
- You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
- You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction or as otherwise expressly provided in Section XI. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at copyright@defenders.org, or (b) by mail to Defenders of Wildlife, Attn: Arbitration Opt-Out, 1130 17th Street, NW, Washington, DC 20036. Include your name, contact information, and a clear statement that you opt out of arbitration. An email must be sent, or a mailed notice postmarked, within the sixty-day period. Opting out will not affect your access to the Services.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
If you believe that any content on the Services infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. § 512(c)(3), to our Designated Copyright Agent as set forth below.
Designated Agent: VP of Integrated Marketing
Email: copyright@defenders.org
Address: Defenders of Wildlife, 1130 17th Street, NW, Washington, DC 20036;
Telephone: 1-800-385-9712
We may remove or disable access to allegedly infringing Content and will terminate, in appropriate circumstances, accounts of repeat infringers. We will process copyright notices and counter-notices in accordance with applicable law.
To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may suspend or terminate your access to the Services for violations of these Terms & Conditions or as otherwise permitted by law. Provisions concerning intellectual property and Content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will survive termination. You may not circumvent an access restriction by opening another account.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our directors, officers, employees, volunteers, agents, contractors, licensors, and service providers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms & Conditions or applicable activity-specific terms or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
Except for the persons and entities expressly protected by the disclaimer, limitation of liability, and indemnification provisions, there are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of our responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, reorganization, or the sale of substantially all our assets. A failure by Defenders to enforce a provision or to act on a breach does not waive the right to enforce that provision or a later breach.
If you provide contact information, we or our authorized service providers may use it to contact you as described in our Privacy Policy and subject to your communication preferences and applicable law. When you use the Services or send emails to Defenders, you are communicating with Defenders electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. To the extent permitted by law, electronic communications satisfy requirements that communications be in writing. Where applicable law requires a particular form of consent or delivery, we will follow that requirement. You may unsubscribe from marketing emails using the unsubscribe link in the message.
If you separately opt in to Defenders’ SMS/MMS program, you agree to receive recurring, automated messages with wildlife news, action alerts, and fundraising requests at the number you provide, including through automated technology. Message frequency varies; message and data rates may apply. Consent is not a condition of a purchase or donation. Reply STOP to 70505 or call 800-385-9712 to opt out. For help, reply HELP to 70505 for help, or contact memberservices@defenders.org. After opting out, you may receive a confirmation message. Notify us if your number changes. Delivery is not guaranteed, and carriers are not liable for delayed or undelivered messages.
The Services are controlled, operated, and administered by Defenders (or its licensees) from its offices within the United States of America and are not intended to subject Defenders to the laws or jurisdiction of any state, country, or territory other than that of the United States. Defenders DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules, and other laws of applicable jurisdictions.
We reserve the right to change, modify, or amend these Terms & Conditions to reflect changes in our practices and service offerings. Changes will take effect on the effective date stated in the revised Terms & Conditions, subject to any notice and assent required by applicable law.
If you have any questions about these Terms & Conditions, please contact us at the following:
Email: memberservices@defenders.org
Call us: 1-800-385-9712
Write us: Defenders of Wildlife
National Headquarters
1130 17th Street, NW
Washington, DC 20036