Last Updated: May 26, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE BAILING OUT BENJI WEBSITE OR SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.
PLEASE NOTE: Section 16 of these Terms of Service contains an arbitration clause and class action waiver. It affects how disputes with Bailing Out Benji are resolved. By using the Website or Services, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
THE TERMS OF SERVICE INCLUDE:
These Terms of Service (these “Terms”) constitute a legally binding agreement between you and Bailing Out Benji governing your access to and use of the Bailing Out Benji website accessible at https://bailingoutbenji.com including the related website pages (e.g., subdomains, paths, query parameters) as well as any subdomains, webpages, online resources, educational materials, campaign pages, donation pages, newsletter signup forms, and any other online services that link to these Terms (collectively, the “Website” or “Services”).
Bailing Out Benji is primarily an advocacy and educational nonprofit organization. Bailing Out Benji provides information and resources relating to puppy mills, commercial dog breeding, animal welfare, advocacy, and related topics. Bailing Out Benji does not operate an online marketplace for the purchase, sale, transfer, adoption, or placement of dogs. Bailing Out Benji does not allow breeders, buyers, or other users to create accounts, publish listings, communicate with one another through the Website, or transact for animals through the Website.
When these Terms mention “Bailing Out Benji,” “we,” “us,” or “our,” they refer to Bailing Out Benji, an Iowa 504 Domestic Nonprofit Organization, with a mailing address at PO Box 203, Ames, Iowa 50010.
When these Terms mention “User(s)” or “you,” they refer to any person, entity, representative, agent, or other individual or organization that accesses or uses the Website, the Services, or any information, content, materials, or resources made available through the Website.
Our collection and use of personal information in connection with your access to and use of the Website and Services is described in our Privacy Policy.
1.1 Bailing Out Benji provides educational, advocacy, and informational resources related to puppy mills, commercial dog breeding, breeder information, animal welfare, public awareness campaigns, and related topics.
1.2 Bailing Out Benji does not sell, broker, arrange, facilitate, transfer, transport, place, adopt, or rehome dogs or any other animals through the Website. Bailing Out Benji does not take possession, custody, control, or ownership of any dogs or other animals through the Website.
1.3 Bailing Out Benji does not operate a marketplace and does not process payments between breeders, buyers, sellers, shelters, rescues, or other third parties. Bailing Out Benji does not provide buyer protection, payment protection, breeder protection, escrow services, transfer services, or transaction support for the purchase, sale, transfer, adoption, or placement of animals.
1.4 The Website may allow Users to view information about breeders, breeding facilities, puppy mills, pet stores, public records, advocacy campaigns, educational materials, and other animal-welfare-related topics. Any information provided is for educational and advocacy purposes only.
1.5 Bailing Out Benji may modify, update, suspend, or discontinue any portion of the Website or Services at any time, with or without notice.
2.1 You must be at least 18 years old or have the permission and supervision of a parent or legal guardian to use the Website or Services.
2.2 By accessing or using the Website or Services, you represent and warrant that you have read, understand, and agree to be bound by these Terms.
2.3 If you do not agree to these Terms, you may not access or use the Website or Services.
3.1 Donations. Bailing Out Benji may collect donations through third-party service providers, including EveryAction. Donations help support Bailing Out Benji’s nonprofit mission, advocacy, educational work, outreach, campaigns, and related activities.
3.2 Tax Deductibility. Bailing Out Benji may provide information regarding the potential tax-deductible nature of donations. Any such information is provided for general informational purposes only and is not tax advice. You are responsible for consulting your own tax advisor regarding the deductibility of any donation.
3.3 Donation Processing. Donations may be processed by third-party payment processors or service providers. Bailing Out Benji is not responsible for the acts, omissions, availability, security, privacy practices, terms, or processing errors of third-party providers, except to the extent required by applicable law.
3.4 Refunds. Donations are generally non-refundable unless otherwise stated or required by law. If you believe a donation was made in error, please contact Bailing Out Benji at info@bailingoutbenji.com.
3.5 Merchandise. Bailing Out Benji may offer merchandise through third-party platforms, including Bonfire. Merchandise purchases, order fulfillment, shipping, returns, exchanges, taxes, and customer service may be governed by the third-party platform’s own terms, policies, and privacy practices.
3.6 Third-Party Terms. By making a donation through EveryAction, purchasing merchandise through Bonfire, or using any other third-party service linked from the Website, you may be subject to that third party’s terms, conditions, and privacy policy. You should review those terms carefully before using the third-party service.
3.7 No Marketplace Transactions. Donations and merchandise purchases are separate from, and do not create, any animal sale, adoption, placement, breeder-buyer relationship, or marketplace transaction through Bailing Out Benji.
4.1 Bailing Out Benji may offer email newsletter signup forms through EveryAction or other third-party providers.
4.2 By signing up for Bailing Out Benji communications, you consent to receive emails from or on behalf of Bailing Out Benji, including newsletters, advocacy updates, campaign alerts, fundraising messages, event information, and other communications related to Bailing Out Benji’s mission.
4.3 You may unsubscribe from marketing or newsletter emails by using the unsubscribe link included in the email or by contacting Bailing Out Benji at info@bailingoutbenji.com.
4.4 Bailing Out Benji may continue to send non-marketing communications where legally permitted or required, such as responses to inquiries or donation-related communications.
5.1 The Website and Services may include educational materials, advocacy resources, reports, blog posts, public-records-based information, campaign materials, maps, breeder information, legislative resources, and other content.
5.2 All educational and advocacy content is provided for general informational purposes only. Bailing Out Benji does not provide legal, veterinary, tax, medical, financial, or other professional advice.
5.3 You should not rely on Website content as a substitute for advice from a qualified attorney, veterinarian, tax advisor, medical professional, financial advisor, or other appropriate professional.
5.4 Although Bailing Out Benji strives to provide useful and accurate information, information may become outdated, incomplete, or inaccurate. Bailing Out Benji does not guarantee that any information on the Website is complete, current, accurate, or applicable to your specific circumstances.
5.5 Laws, regulations, public records, animal welfare standards, and breeder-related information may vary by jurisdiction and may change over time. You are responsible for independently verifying information before relying on it.
6.1 The Website may allow Users to view information about breeders, breeding facilities, puppy mills, pet stores, public records, inspection reports, complaints, infractions, violations, or related entities.
6.2 Bailing Out Benji provides such information for educational, advocacy, and public awareness purposes only. Bailing Out Benji does not endorse, recommend, screen, certify, verify, approve, or guarantee any breeder, seller, facility, rescue, shelter, pet store, or other third party.
6.3 Bailing Out Benji is not responsible for any decision you make based on information viewed on the Website, including any decision to contact, avoid, purchase from, report, investigate, or otherwise interact with any breeder, seller, facility, pet store, rescue, shelter, or third party.
6.4 Bailing Out Benji does not guarantee the health, temperament, quality, origin, legality, practices, reputation, compliance, or conduct of any breeder, seller, facility, pet store, rescue, shelter, or other third party.
6.5 You are solely responsible for conducting your own due diligence, consulting appropriate professionals, and complying with all applicable laws before taking any action based on Website content.
7.1 You may use the Website and Services only for lawful purposes and in accordance with these Terms.
7.2 In connection with your use of the Website or Services, you agree that you will not:
7.3 Bailing Out Benji reserves the right to investigate suspected violations of these Terms and to take any action it deems appropriate, including restricting access to the Website, preserving or disclosing information as permitted by law, or cooperating with law enforcement.
8.1 The Website and its content, including text, graphics, logos, icons, images, videos, audio, reports, educational materials, advocacy materials, design, layout, data compilations, and other materials, are owned by Bailing Out Benji or its licensors and are protected by copyright, trademark, and other laws.
8.2 Subject to your compliance with these Terms, Bailing Out Benji grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for personal, educational, informational, and non-commercial purposes.
8.3 You may share links to publicly available Website pages for lawful, non-commercial advocacy, educational, or informational purposes, provided that you do not misrepresent your relationship with Bailing Out Benji or alter the content in a misleading way.
8.4 Except as expressly permitted in these Terms or by written permission from Bailing Out Benji, you may not copy, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, republish, download, store, transmit, sell, license, or otherwise exploit any Website content.
8.5 All trademarks, service marks, trade names, logos, and source identifiers used by Bailing Out Benji are the property of Bailing Out Benji or their respective owners. Nothing in these Terms grants you any right to use any Bailing Out Benji trademark, logo, or brand element without prior written permission.
9.1 Bailing Out Benji does not currently provide general Website user accounts, dashboards, saved profiles, listings, marketplace messaging, or member-generated content features.
9.2 The Website does not allow Users to publish breeder listings, buyer requests, comments, reviews, owner stories, breeder reports, rescue information, photos, stories, or other public user-generated content through the Website.
9.3 If you contact Bailing Out Benji by email, form, donation page, newsletter signup, or other communication method, you agree that the information you provide is accurate to the best of your knowledge and does not violate any law or third-party right.
9.4 Bailing Out Benji may use communications, questions, feedback, or suggestions you voluntarily provide for operational, educational, advocacy, or improvement purposes, subject to our Privacy Policy and applicable law.
10.1 Bailing Out Benji respects copyright law and expects Users to do the same.
10.2 If you believe that content on the Website infringes a copyright that you own or control, please send a written notice to:
Bailing Out Benji
PO Box 203
Ames, Iowa 50010
Email: info@bailingoutbenji.com
10.3 Your notice should include:
10.4 You should be aware that copyright claimants who knowingly make misrepresentations may be liable for damages, costs, and attorneys’ fees under applicable law.
11.1 The Website may contain links to third-party websites, platforms, services, resources, or content. These may include, without limitation, EveryAction, Bonfire, social media platforms, public records databases, advocacy partners, payment processors, email service providers, and other third-party services.
11.2 Third-party services are not controlled by Bailing Out Benji and may be subject to their own terms, conditions, privacy policies, fees, practices, and security procedures.
11.3 Bailing Out Benji is not responsible or liable for the availability, accuracy, content, products, services, privacy practices, security, or conduct of any third-party service.
11.4 Links to third-party services do not imply endorsement, sponsorship, approval, or affiliation unless expressly stated.
12.1 These Terms remain in effect while you use or otherwise access the Website or Services.
12.2 Bailing Out Benji may suspend, restrict, or terminate your access to all or part of the Website or Services at any time if Bailing Out Benji believes that you have violated these Terms, violated applicable law, created risk or potential legal exposure for Bailing Out Benji, or used the Website in a harmful, abusive, or improper manner.
12.3 Bailing Out Benji may also modify, suspend, or discontinue all or part of the Website or Services at any time, with or without notice.
12.4 The provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, arbitration, governing law, and general provisions.
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAILING OUT BENJI DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND RELIABILITY.
13.3 BAILING OUT BENJI DOES NOT WARRANT THAT:
13.4 ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, DATA, OR PROPERTY THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES.
13.5 Bailing Out Benji does not provide legal, veterinary, tax, medical, financial, or other professional advice. No information on the Website should be treated as a substitute for advice from a qualified professional.
13.6 Bailing Out Benji does not guarantee any outcome from advocacy efforts, educational campaigns, donations, volunteer participation, public awareness activities, or use of Website content.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAILING OUT BENJI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, AFFILIATES, PARTNERS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAILING OUT BENJI WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM:
14.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAILING OUT BENJI’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIRECTLY TO BAILING OUT BENJI, IF ANY, IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
14.4 Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
15.1 You agree to defend, indemnify, and hold harmless Bailing Out Benji and its officers, directors, employees, volunteers, representatives, agents, affiliates, partners, service providers, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:
15.2 Bailing Out Benji reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Bailing Out Benji’s defense of such claims.
16.1 Bailing Out Benji is committed to attempting to resolve disputes in a fair and efficient manner. Please read this Section carefully. It requires you to arbitrate disputes with Bailing Out Benji and limits the manner in which you can seek relief, except as stated below.
16.2 Applicability of Arbitration Agreement. You agree that any dispute, claim, or controversy arising out of or relating in any way to your access to or use of the Website or Services, these Terms, donations, merchandise-related interactions, communications, or any aspect of your relationship with Bailing Out Benji will be resolved by binding arbitration, rather than in court, except that:
16.3 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
Bailing Out Benji
PO Box 203
Ames, Iowa 50010
Email: info@bailingoutbenji.com
The arbitration will be conducted by JAMS or another mutually agreed arbitration provider. If JAMS is unavailable or unwilling to administer the arbitration, the parties will select an alternative arbitration provider.
16.4 Authority of Arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable.
16.5 Waiver of Jury Trial. YOU AND BAILING OUT BENJI WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, except as expressly provided in this Section.
16.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
16.7 Severability. If any portion of this Arbitration Agreement is found to be invalid or unenforceable, that portion will be severed and the remainder will remain in effect, except that if the class action waiver is found invalid or unenforceable, the entire Arbitration Agreement may be unenforceable unless otherwise permitted by law.
16.8 Survival. This Arbitration Agreement will survive termination of your relationship with Bailing Out Benji.
17.1 These Terms and any dispute or claim arising out of or relating to these Terms, the Website, or the Services will be governed by the laws of the State of Iowa, without regard to conflict-of-law principles, except to the extent preempted by federal law.
17.2 Unless you and Bailing Out Benji agree otherwise, and except for disputes subject to arbitration or eligible for small claims court, any claim or dispute that is not subject to arbitration must be resolved exclusively in the state or federal courts located in Iowa.
17.3 You and Bailing Out Benji consent to the personal jurisdiction of the state and federal courts located in Iowa for the purpose of litigating any such claims or disputes.
18.1 Bailing Out Benji may communicate with you by email, Website notice, postal mail, or other lawful means.
18.2 For contractual purposes, you consent to receive communications from Bailing Out Benji electronically and agree that electronic communications satisfy any legal requirement that such communications be in writing.
18.3 You are responsible for ensuring that any contact information you provide to Bailing Out Benji is accurate and current.
19.1 These Terms, together with any policies or terms incorporated by reference, constitute the entire agreement between you and Bailing Out Benji regarding the Website and Services.
19.2 No joint venture, partnership, employment, agency, fiduciary, or professional relationship exists between you and Bailing Out Benji as a result of these Terms or your use of the Website or Services.
19.3 These Terms do not and are not intended to confer any rights or remedies on any person other than you and Bailing Out Benji.
19.4 If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19.5 Bailing Out Benji’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
19.6 You may not assign or transfer these Terms or your rights or obligations under these Terms without Bailing Out Benji’s prior written consent. Bailing Out Benji may assign or transfer these Terms without restriction.
19.7 Bailing Out Benji will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, government actions, labor disputes, internet or hosting failures, cyberattacks, power outages, or other events beyond reasonable control.
19.8 Bailing Out Benji may update these Terms from time to time. When changes are made, Bailing Out Benji may update the “Last Updated” date above and post the revised Terms on the Website. Your continued use of the Website or Services after revised Terms are posted means that you accept the revised Terms.
If you have any questions about these Terms, please contact:
Bailing Out Benji
PO Box 203
Ames, Iowa 50010
Email: info@bailingoutbenji.com
