Effective as of August 1, 2011
By using the Site, you represent and warrant that (i) all information you submit is truthful and accurate; (ii) you are 18 years of age or older or have received parental consent and supervision when using the Site; and (iii) 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.
It is against the law to copy anything on this site without the written permission of MP. All content included on this Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips and software (collectively, the “Content”), is the property of MP or its Content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, design, layout, arrangement, and assembly) of all Content on this Site is the exclusive property of MP and is protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, download, derivative use, display, or performance of the Content on this Site is strictly prohibited. You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any Content or information, products or services available on our Site for any commercial or competitive activity or purpose. The only exception to the foregoing prohibitions is in the form of express written permission from MP.
SUBMISSIONS, COMMENTS, AND COMMUNICATIONS
Any communications or materials you transmit to MP, through the Site, by electronic mail or otherwise, including any data, question, comments, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant MP, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but unfortunately we are unable to answer every comment individually.
In your use of the Site, you agree to provide true, accurate, current and complete information about yourself at the time of registration and to maintain and promptly update any such data in order to maintain its truth, accuracy and completeness. If you provide any information that is untrue, inaccurate, not current or incomplete, or that MP has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, MP reserves the right to suspend or terminate your account and refuse any and all current or future use of the site, or any portion thereof.
We may charge a fee to post Content in some areas of the Site (the “Service Providers”). The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Site is responsible for said Content and compliance with these Terms. All fees paid will be non-refundable in the event that Content is removed from the Site for violating these Terms.
By using our Site, you enter into a direct relationship with the Service Provider from which you book or procure services. From the point at which you contact such Service Provider, we act solely as an intermediary between you and the Service Provider. When rendering our services, the Content that we disclose is based on the information provided to us by the Service Providers. As such, the Service Providers are fully responsible for updating all rates, availability and other information which is displayed on our Site. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the information displayed on our Site. Our Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Service Provider made available.
ADDITIONAL TERMS FOR SERVICE PROVIDERS
In the event you wish to access the pay area of the Site as a Service Provider, your use of the Site is subject to the additional terms in this section, which are incorporated into, and made a part of these Terms. With respect to any Content you submit or make available for inclusion on publicly accessible areas of the Site, you warrant and represent either that (i) you are the author of the Content uploaded or (ii) you hold and will continue to hold the necessary rights, including but not limited to all intellectual property rights in and to your Content to grant the rights thereby granted.
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.
MP occasionally makes available certain information provided by third parties and service providers related to various professional fields such as veterinary medicine and animal behavioral training. MP does not give advice in any such fields and in no way endorses any of the information provided in this manner. All information available through MP is made available subject to these Terms, including the Disclaimers set forth above. MP's experts are not substitutes for personal, one-on-one professional attention.
MP makes reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. MP neither warrants nor represents that your use of the Site’s Contents or any other materials displayed on the Site will not infringe the rights of third parties. The Content is intended for informational purposes only. Although we exercise reasonable efforts to ensure its quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Furthermore, information provided regarding the service, amenities, products, etc. have been provided to us by the service providers. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
You expressly understand and agree that your use of the Site and the Content is at your sole risk. All Content provided is 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 are accurate, timely, uninterrupted, virus-free or error-free; (ii) the results that may be obtained from the use of the Site or its Content will be reliable; and (iii) any errors in the Content will be corrected.
MP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. MP SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
MP retains the right to restrict use of the Site in any manner it deems appropriate.
LIMITATION OF LIABILITY
n 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, data or other intangible losses resulting from the use of any of the Site or any Linked Site, or inability to use the Site or its Contents. 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.
INDEMNITY AND RELEASE
By using MP's Site, you agree to indemnify MP and its Affiliates and hold them harmless from and against any and all claims and expenses, including attorneys' and accountants' fees, arising from your use of MP. By using the Site, you are hereby agreeing to release MP and its Affiliates from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products or services offered on this Site. You hereby agree to waive any and all laws that may limit the efficacy of such releases.
MODIFICATIONS OF THESE TERMS
MP may modify or revise these Terms from time to time at its sole discretion. Each time you log on to MP, you will be deemed to have accepted any such changes.
TERMINATION OF SERVICE
MP reserves the right, at its sole discretion, to refuse service, suspend or terminate your registration or your access to MP (or any portion thereof) if MP believes that you have breached these Terms, or if your conduct violates applicable law or is harmful to the interests of MP.
RESOLUTION OF DISPUTES
These Terms contain 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.
This site is created and controlled by MP, in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflict of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
If you have any questions about the Site or these Terms, you may contact us via e-mail at: firstname.lastname@example.org
We are always glad to hear your questions and comments.
WAIVER OF CLASS ACTION
You and Metro Paws agree that each party may bring disputes relating to both covered claims and excluded claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a federal or state class action lawsuit or a class arbitration.