METROPAWS, LLC

TERMS OF USE

PLEASE READ THE FOLLWING TERMS AND CONDITIONS CAREFULLY.

MetroPaws, LLC (“MP”) requires that all visitors (‘you”) to MetroPaws.com (the “Site”), agree to all of the terms and conditions in this User Agreement (“UA”). By accessing and using the Site, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means MP unless otherwise indicated. The section headings in this UA are for convenience only and do not have any force or effect.

Privacy.

Please read our privacy policy which also governs your use of the Site.

Eligibility.

By using the Site, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions.

Binding Agreement.

By using our Site, you agree to be bound by this UA. The use of the Site (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA.

Our Proprietary Materials.

We welcome you to our Site and we invite you to use it within the following rules:

The Site provides you with access to an online collection of information, materials and services related to MP and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through the Site ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by this UA effective upon the date of each such addition.

You may use the Site, Content and Software solely as and for the purposes stated on the Site and as described in this UA.

No text, logo, graphic, sound, image, photograph or Software published on or underlying the Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of MP.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Site, in any manner, without your receipt of the prior written authorization of MP.

You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Site to a human perceivable form.

The information on the Site, the design and layout of the Site, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Site or in this UA.

All Content, Software and materials on and underlying the Site are the property of MP or are licensed or otherwise used by MP with permission. Except where noted otherwise, all rights to these materials are reserved by MP or their respective owners.

MP neither warrants nor represents that your use of Content, Software or any other materials displayed on the Site will not infringe rights of third parties.

All Site Content and functionality, and all Software underlying the Site, may be changed or updated by us from time to time, without notice. MP monitors the conduct of users of the Site, and it is a violation of this UA to use the Site or any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site without the prior express written permission of MP. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Disclaimers.

MP makes reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. MP retains the right to restrict use of the Site in any manner it deems appropriate.

You expressly understand and agree that your use of the Site, the Content and Software is at your sole risk. All Content and Software are provided on an “as is” and “as available” basis. MP expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. MP makes no warranty that (i) the Content and Software are accurate, timely, uninterrupted, virus-free or error-free; (ii) the results that may be obtained from the use of the Content or Software will be reliable; and (iii) any errors in the Software will be corrected.

Limitation of Liability.

In no event shall MP, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has been involved in the creation, production, or delivery of the Site (collectively “MP and its Affiliates”) be liable for any damages whatsoever, including without limitation direct, indirect, incidental, special, consequential or exemplary damages, damages or loss of products, use of data or other intangible losses resulting from the use of any of the Site or any linked site (as defined below), or inability to use the Site, Content or Software. You understand and agree that your use of the Site is predicated upon your waiver of any right to sue MP and its Affiliates and to participate in any class action suit for any losses or damages resulting from your use of the Site.

You understand and agree that MP and its Affiliates will not be liable for any damages caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or equipment or network failure whatsoever, and that MP and its Affiliates will not be liable whatsoever for any damages or injury that result from the use of, or the inability to use, the materials on the Site, even if there is negligence by MP or an authorized MP representative has been advised of the possibility of damages, or both.

Third Party Websites.

The Site may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by MP, thus MP is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by MP of the Linked Sites.

We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and MP. If this is not the case, please do not link to our Site. MP reserves the right to rescind the right to link to its Site at its sole discretion.

Use of any MP trademark, service mark or other intellectual property or content provided by MP for a hyperlink to our Site is permitted and licensed by MP solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by MP, you shall immediately remove any hyperlink to the Site, and discontinue use of any trademarks, service marks or other intellectual property or content provided by MP.

Paid Postings.

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the UA. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the UA.

Miscellaneous.

This UA is governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions.

Resolution of Disputes.

This UA contains a binding arbitration provision which may be enforced by the parties.

Any controversy or claim arising out of or relating use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and MP. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or MP may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or MP pending the completion of arbitration.

Indemnification.

You agree to indemnify and hold MP and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to MP.

Contact MetroPaws.

If you have any questions about the Site or this UA, you may contact us via e-mail at stone@MetroPaws.com. We are always glad to hear your questions and comments.

Entire Agreement.

This UA and other policies and notices MP constitute the entire agreement between MP and you in connection with your use of the Site, hyperlinks to the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between MP and you regarding such matters, including prior versions of this UA. MP may update this UA from time to time by posting revised versions of this UA on the Site, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by MP, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.