The following terms and conditions govern all use of the Pawsitive Pet Services website and all content, services, and products available at or through the website (collectively, the “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time by Pawsitive Pet Services (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by Pawsitive Pet Services, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 18 years of age, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Responsibility of Visitors
Pawsitive Pet Services has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use, or effects. By operating our Services, Pawsitive Pet Services does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pawsitive Pet Services disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
Pawsitive Pet Services, it’s employees, owners, or other associates has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which pawsitivepetservicesllc.com links, and that link to pawsitivepetservicesllc.com. Pawsitive Pet Services does not have any control over those other websites, and is not responsible for their contents or their use. By linking to other websites, Pawsitive Pet Services does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pawsitive Pet Services disclaims any responsibility for any harm resulting from your use of other websites and webpages.
Copyright Infringement and DMCA Policy
As Pawsitive Pet Services asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by pawsitivepetservicesllc.com violates your copyright, you are encouraged to notify Pawsitive Pet Services in accordance with Digital Millennium Copyright Act. Pawsitive Pet Services will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pawsitive Pet Services will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pawsitive Pet Services or others. In the case of such termination, Pawsitive Pet Services will have no obligation to provide a refund of any amounts previously paid to Pawsitive Pet Services.
Intellectual Property
This Agreement does not transfer from Pawsitive Pet Services to you any Pawsitive Pet Services or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Pawsitive Pet Services. Your use of our Services grants you no right or license to reproduce or otherwise use any Pawsitive Pet Services or third-party trademarks.
Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination
Pawsitive Pet Services may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your pawsitivepetservicesllc.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Pawsitive Pet Services and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Pawsitive Pet Services nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Pawsitive Pet Services, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pawsitive Pet Services under this agreement during the twelve (12) month period prior to the cause of action. Pawsitive Pet Services shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with Pawsitive Pet Services Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Pawsitive Pet Services reserves the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification
You agree to indemnify and hold harmless Pawsitive Pet Services, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Translation
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous
This Agreement constitutes the entire agreement between Pawsitive Pet Services and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pawsitive Pet Services, or by the posting by Pawsitive Pet Services of a revised version. In the event that a term, clause, phrase or other provision of this Agreement is ambiguous and becomes subject to interpretation, the original intent of Pawsitive Pet Services will govern and override the doctrine of contra proferentem. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Iowa, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sioux City, Iowa. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, MN and may be conducted telephonically at the request of Pawsitive Pet Services, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the original intent of Pawsitive Pet Services, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pawsitive Pet Services may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
