ACCEPTANCE OF TERMS

The services that Portland Pooch provides to the User are subject to the following Terms of Use ("TOU"). Portland Pooch reserves the right to change or modify the TOU at any time without notice to the User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. Any use of this website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions. By using Portland Pooch (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof.

DESCRIPTION OF SERVICES

Through its Web property, Portland Pooch provides the User with access to a variety of resources, including, but not limited to, directory information, calendars, photo galleries, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

USER CONDUCT

The User shall use this website for lawful purposes only. The User shall not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Portland Pooch's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Portland Pooch's discretion restricts or inhibits any other User from using or enjoying this website will not be permitted. User shall not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Portland Pooch.

The User shall not upload, post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the website, the User automatically grants, or warrants that the owner of such material has expressly granted Portland Pooch the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, and publish such material.

USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo galleries, file cabinets and/or other message or communication facilities designed to enable the User to communicate with others (each a "Communication Service" and collectively "Communication Services"). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services, the User will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Portland Pooch has no obligation to monitor the Communication Services. However, Portland Pooch reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Portland Pooch reserves the right to terminate the User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Portland Pooch reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Portland Pooch's sole discretion.

Always use caution when giving out any personally identifiable information in any Communication Services. Portland Pooch does not control or endorse the content, messages or information found in any Communication Services and, therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User's participation in any Communication Services.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services require the User to open an account, the User must complete the registration process by providing Portland Pooch with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of the User's password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User's account. The User agrees to notify Portland Pooch immediately of any unauthorized use of the User's account or any other breach of security. Portland Pooch will not be liable for any loss that the User may incur as a result of someone else using the User's password or account, either with or without the User's knowledge. However, the User could be held liable for losses incurred by Portland Pooch or another party due to someone else using the User's account or password. The User may not use anyone else's account at any time, without the permission of the account holder.

MATERIALS PROVIDED TO PORTLAND POOCH OR POSTED AT ANY OF ITS WEB SITES

Portland Pooch does not claim ownership of the materials the User provides to Portland Pooch (including feedback, photos, or suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's Submission the User is granting Portland Pooch, its affiliated companies and necessary sublicensees permission to use the User's Submission in connection with the operation of their Internet businesses (including, without limitation, all Portland Pooch Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of the Users Submission, as provided herein. Portland Pooch is under no obligation to post or use any Submission the User may provide and Portland Pooch may remove any Submission at any time in its sole discretion. By Posting a Submission the User warrants and represents to own or otherwise control all of the rights to the User's Submission as described in these Terms of Use including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), the User warrants and represents that (a) the User is the copyright owner of such Images, or that the copyright owner of such Images has granted the User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of the User's use and as otherwise permitted by these Terms of Use and the Services, (b) the User has the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

Portland Pooch does not endorse any of the businesses presented on this website. We encourage you to always check the references of any businesses prior to retaining their services.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT THE USER'S SOLE RISK. NEITHER PORTLAND POOCH, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PORTLAND POOCH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PORTLAND POOCH, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

LINKS TO THIRD PARTY SITES

THIS WEBSITE CONTAINS LINKS TO THIRD PARTY SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PORTLAND POOCH AND PORTLAND POOCH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PORTLAND POOCH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PORTLAND POOCH IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PORTLAND POOCH OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY

PORTLAND POOCH OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PORTLAND POOCH'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PORTLAND POOCH. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PORTLAND POOCH OR ANYONE AT PORTLAND POOCH. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PORTLAND POOCH MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

INDEMNIFICATION

THE USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PORTLAND POOCH, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF THE USE OF PORTLAND POOCH BY THE USER OR USER'S ACCOUNT.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.