Terms and Conditions

ACCEPTANCE BY GENERAL USE

By accessing the friendlysniff.com site and websites, or the content therein as owned and/or operated by friendlysniff.com owners, operators and partners (together, “FriendlySniff.com” or “Website”), you agree to these Terms of Use (“TOU”), last updated March 18th, 2015.

If you do not wish to be bound by this agreement, then do not use The Website.

TERMS OF USE:

LICENSES

If you are 18 or older, FriendlySniff.com and we, the owners, operators and partners associated with FriendlySniff.com, grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access FriendlySniff.com in compliance with our TOU.

PLEASE NOTE: Unlicensed access to FriendlySniff.com is unauthorized.

You agree not to license, distribute, make or create derivative works, display, sell, or “frame” content from FriendlySniff.com. FriendlySniff.com, and the owners, operators and partners of FriendlySniff.com acknowledge this excludes content you create wholly and/or completely.

You grant FriendlySniff.com and the owners, operators and partners of FriendlySniff.com a perpetual, irrevocable, unlimited, worldwide, fully paid, sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you create or help create and post to FriendlySniff.com.

By posting content to FriendlySniff.com, you are solely

responsible for acquiring any and all required licenses for posting said content to FriendlySniff.com, and acknowledge that you hold any licenses required for the content you are posting at the time you post said content to FriendlySniff.com. If it is brought to FriendlySniff.com’s attention that you MAY not hold required licenses for your post, in the sole discretion of FriendlySniff.com the post may be removed by FriendlySniff.com until such time as can be determined by FriendlySniff.com that you do hold the required licenses.

PLEASE NOTE:

If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify FriendlySniff.com immediately via email at : info@friendlysniff.com

Please provide our Agent with the following Notice:

Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material on the FriendlySniff.com site that you claim is infringing, with enough detail so that we may locate it;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number, and email address; and

Your physical or electronic signature.

Your Notice will be subject to The Digital Millennium Copyright Act (DMCA).

Under appropriate circumstances, FriendlySniff.com may terminate the accounts of repeat infringers.

USE

You agree not to use or provide software (except for general purpose web browsers, email clients, or software expressly licensed by us) or services that interact or interoperate with FriendlySniff.com, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.

Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email.

You agree not to collect users’ personal and/or contact information.

MODERATION

You agree FriendlySniff.com and the owners, operators and partners of FriendlySniff.com may moderate FriendlySniff.com access and use in our sole discretion by means of, but not solely limited to, blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.

In accepting the use of the FriendlySniff.com license, you agree:

You will not bypass any and all moderation(s) performed by the FriendlySniff.com owners, operators and partners.

The owners, operators and partners associated with FriendlySniff.com are not, nor is FriendlySniff.com itself, liable in any way for the moderating or not moderating any representations of or content posted by any user, and

Nothing FriendlySniff.com or the owners, operators and partners associated with FriendlySniff.com say or do waives FriendlySniff.com right to moderate, or not moderate.

You agree to abide by and limit your use as required by all site rules, which are incorporated herein:

Any good, service, or content that violates the law or legal rights of others is prohibited on FriendlySniff.com.

False, misleading, deceptive, or fraudulent content; or “bait and switch” is prohibited on FriendlySniff.com.

Offensive, obscene, defamatory, threatening, hateful, or malicious content is prohibited on FriendlySniff.com.

Providing anyone’s personal, identifying, confidential or proprietary information is prohibited on FriendlySniff.com.

Spam; miscategorized or overposted content is prohibited on FriendlySniff.com.

Postings or email the primary purpose of which is to drive traffic to a website is prohibited on FriendlySniff.com.

Child pornography; bestiality; offers or solicitation of illegal prostitution is prohibited on FriendlySniff.com.

Any post dealing in stolen property, property with serial number removed/altered, burglary tools, etc is prohibited on

FriendlySniff.com.

Content that offers, promotes, or provides links to unsolicited products or services is prohibited on FriendlySniff.com.
Food delivery subscribers agree to food deliveries being left by front door unless otherwise instructed at least 48 hours in advance.
New Food delivery subscribers must allow 72 hours for orders before designated delivery dates, or place a “Rush order” (different rates apply) same length of time to notice applies.

Further, FriendlySniff.com and FriendlySniff.com owners, operators and partners reserve the right, in their sole discretion, to turn over any and all information acquired through any use, permitted or otherwise, of FriendlySniff.com to any and all government authorities or agencies, for any reason up to and including possible criminal prosecution or civil suit, or as is required by law.

SALES

You authorize us to charge your account for any and all fees and other charges associated with your use of FriendlySniff.com.

Unless noted, fees are in US dollars; tax is additional and is applied as required or deemed appropriate.

To the extent permitted by law, fees are nonrefundable, even for posts removed by owners, operators and partners of FriendlySniff.com.

FriendlySniff.com and FriendlySniff.com owners, operators and partners may refuse any and all transactions; such action may place a hold on your account.

Adoptions

If you use the Website to sell, solicit or otherwise interact with other users by representing yourself as a adoption agency of animals, including but not limited to any breed of canine, dog (“Breeder”) or other species of animal, then you agree to abide by the

following:

FriendlySniff.com and FriendlySniff.com owners, operators and partners will turn over any and all information gathered by use of the Website to proper authorities if they deem in their sole discretion you are engaged in any form of illegal, unhealthy, unsafe or otherwise harmful operation or activity.

By representing yourself as a ” Adoption Agency ,” you acknowledge that you have acquired any and all licenses as required by any applicable law or regulation for the breeding of any animal or species of animal you represent to breed. If it is found or discovered you have not acquired any and all licenses as required by any applicable law for the breeding of any animal or species of animal you represent to breed, then in the sole discretion of FriendlySniff.com, your license for use of the Website may be revoked and any all information you provided in due course of using the Website may be turned over to the appropriate authorities for purposes up to and including criminal prosecution or civil suit, or as is required by law.

By representing yourself as a “Adoption Agency ,” you acknowledge that you operate as such under any and all applicable breeding laws and regulations pertaining to you. If it is found or discovered you are not operating in accordance with any and all applicable breeding laws and regulations that pertain to you, then in the sole discretion of FriendlySniff.com, your license for use of the Website may be revoked and any all information you provided in due course of using the Website may be turned over to the appropriate authorities for purposes up to and including criminal prosecution or civil suit, or as is required by law.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions may apply to any and all

purchases of goods and services that you select.

Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products, or services.

The product or service selected may only be guaranteed by the supplier once the purchase has been completed.

Suppliers may change their prices without notice.

FriendlySniff.com reserves the right to cancel your purchase if full payment is not received in a timely fashion.

Some suppliers may require you to present a credit card for deposit. Such deposit is unrelated to any payment received by FriendlySniff.com .

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.

You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your purchase or in your being denied access to the applicable products or services, and in your forfeiting any monies paid for those products and services, and/or in our debiting your account for any costs we incur as a result of such violation.

DISCLAIMERS AND WAIVERS

MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law:

FriendlySniff.com, FriendlySniff.com owners, operators and partners make no promise as to FriendlySniff.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability.

Your access and use are at your own risk. FriendlySniff.com is provided “AS IS” and “AS AVAILABLE” without any warranty of any kind.

We are not liable for any harm of any kind resulting from (a) user content; (b) user conduct, especially illegal conduct; (c) your use of FriendlySniff.com; or (d) our representations.

THE OWNERS, OPERATORS, PARTNERS OF FriendlySniff.com AND FriendlySniff.com OFFICERS, DIRECTORS, EMPLOYEES (“FriendlySniff.com ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

FriendlySniff.com, FriendlySniff.com OWNERS, OPERATORS AND PARTNERS, AND ITS ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL).

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, FriendlySniff.com and its affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the products and services displayed on the FriendlySniff.com Website (including, without limitation, the pricing, photographs, general product descriptions, etc.).

In addition, FriendlySniff.com expressly reserves the right to correct any pricing errors on our Website and/or pending purchase made under an incorrect price. In such event, if available and as subject to agreements you’ve entered into with supplier of said product or service, we will offer you the opportunity to keep your pending purchase at the correct price or we will cancel your purchase without penalty.

Any ratings displayed on this Website are intended as only general guidelines, and FriendlySniff.com, and FriendlySniff.com owners, operators and partners do not guarantee the accuracy of the ratings.

FriendlySniff.com, FriendlySniff.com owners, operators and partners and their respective suppliers make no guarantees about the availability of specific products and services.

FriendlySniff.com, FriendlySniff.com owners, operators and partners and their respective suppliers may make improvements and/or changes on the Website at any time.

FriendlySniff.com, FriendlySniff.com owners, operators and partners make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any

products or services on this Website does not constitute any endorsement or recommendation of such products or services by FriendlySniff.com or the FriendlySniff.com owners, operators or partners.

FriendlySniff.com, FriendlySniff.com owners, operators and partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from FriendlySniff.com, FriendlySniff.com owners, operators and partners and/or their respective suppliers are free of viruses or other harmful components.

FriendlySniff.com, FriendlySniff.com owners, operators and partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. The suppliers providing goods or other services on this Website are independent contractors and not agents or employees of FriendlySniff.com, FriendlySniff.com owners, operators and partners.

FriendlySniff.com, FriendlySniff.com owners, operators and partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.

FriendlySniff.com, FriendlySniff.com owners, operators and partners have no liability and will make no refund in the event of any delay, cancellation, over sale, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

FriendlySniff.com, FriendlySniff.com owners, operators and partners and/or their respective suppliers will not be held liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtained or to be obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if FriendlySniff.com, FriendlySniff.com owners, operators and partners and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitations as described above, FriendlySniff.com, FriendlySniff.com owners, operators and partners or their respective suppliers are found liable for any loss or damage which arises out of or are in any way connected with any of the occurrences described above, then the damages pertaining to FriendlySniff.com, FriendlySniff.com owners, operators and partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to FriendlySniff.com and which FriendlySniff.com collected in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of

liability provided in these Terms of Use inure to the benefit of the FriendlySniff.com, FriendlySniff.com owners, operators and partners, and/or their respective suppliers and all applicable decedents of such.

INDEMNIFICATION

You agree to defend and indemnify FriendlySniff.com, FriendlySniff.com owners, operators and partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of these Terms of Use or the documents referenced herein;

Your violation of any law or the rights of a third party; or

Your use of this Website. LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than FriendlySniff.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to

such websites does not imply any endorsement of the material on such websites or any association with their operators.

BANK AND CREDIT CARD FEES

Some banks and credit cards impose fees. FriendlySniff.com or its affiliates are not responsible for any bank or credit card fee assessed by your financial institution.

If you are making a purchase from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are © 2015 FriendlySniff.com. All rights reserved. FriendlySniff.com is not responsible for content on websites operated by parties other than FriendlySniff.com.

If you are aware of an infringement of our brand, please let us know by e-mailing us at info@friendlysniff.com

CLAIMS

You agree:

Any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your FriendlySniff.com use is governed by Oregon (“OR”) law regardless of your location or any conflict or choice of law principle;

Claims must be resolved exclusively by state or federal court in Bend, OR or Portland, OR (except FriendlySniff.com, FriendlySniff.com owners, operators and partners may seek injunctive remedy anywhere);

To submit to personal jurisdiction of said courts;

Any Claim must be filed within 1 year after it arose or be forever barred;

Not to bring or take part in a class action against FriendlySniff.com Entities;

(Except government agencies) to indemnify FriendlySniff.com Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your FriendlySniff.com use;

You are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and

To pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages: $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC

This is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.