TERMS OF SERVICE AGREEMENT

last updated: March 23, 2026
 

Introduction:

  • Welcome to Positive Touch Dog Care ("We").  By accessing or using our website (the "Services"), you are bound by this Terms of Service Agreement ("Terms").  Please read these Terms carefully. If you do not agree to these Terms, you should not access or use our Services.

Eligibility:

  • You must be at least 18 years old to use our Services.

User Responsibilities:

  • When using Services, you agree not to:
    • Engage in activities that could harm, disable, or overburden the Services
    • Interfere with the integrity of the Services
    • Upload or transmit viruses, malware, or other malicious code
    • Use the Services for any illegal purpose
    • Violate any law, regulation, or third-party rights

Intellectual Property:

  • All features, content, and functionality of our Services, such as text, graphics, logos, photographs, icons, images, audio clips, downloads, software, and the compilation thereof, are owned by us, our licensors, or other providers and are protected under copyright, trademark, and other intellectual property laws.

Third-Party Services:

  • We do not control and we assume no responsibility for the features, content, privacy policies, or practices of any third-party websites.

Disclaimers:

  • As Is" and "As Available".  Our Services are provided on an "as is" and "as available" basis.  We do not offer warranties of any kind, either express or implied.
  • No Guarantees.  We do not guarantee that (i) Services will function uninterrupted, (ii) errors will be corrected promptly, or (iii) Services will meet your requirements.

Limitation of Liability:

  • Positive Touch Dog Care and Shari Bradbury shall not bear responsibility for any indirect, consequential, incidental, special, or punitive damages under any circumstances.  This includes without limitation, loss of income, profits, or data; damage to business reputation or goodwill; the cost of replacement products or services; or any harm resulting from: (i) your utilization or inability to utilize our Services; (ii) actions, content, information, or data of third parties that interact with our Services; or (iii) any unauthorized manipulation of, access to, or alteration of your content, submissions, transmissions, or similar materials through the Services.

Indemnification:

  • By using our Services, you accept responsibility to protect, defend, and exempt Positive Touch Dog Care and Shari Bradbury from liability in connection with any actions, demands, proceedings, costs, charges, penalties, and expenditures (including but not limited to attorneys' fees, legal costs, professional consultant fees, and other business expenses) that arise from; (i) your utilization of the Services; (ii) any breach of non-compliance with the provision of these Terms; (iii) any allegation that content submitted by you infringes upon, misappropriates, or otherwise violates the intellectual property rights, privacy rights, publicity rights, confidentiality rights, or other legal rights of any third party; or (iv) any activity conducted through your account whether by you or by any other person accessing the Services with your permission.

Changes to Terms:

  • Positive Touch Dog Care and Shari Bradbury retain the authority to periodically update, alter, or substitute any portion of these Terms as business needs evolve. Continued us of our Services following any modification, regardless of whether notification was provided, indicates your acceptance of the updated Terms.

Termination:

  • Termination by You.  You may terminate these Terms at any time by discontinuing use of our Services and closing your account.
  • Termination by Us.  Positive Touch Dog Care and Shari Bradbury maintain the unrestricted authority to discontinue, revoke, or restrict your ability to access the Services at any time, effective instantly, with no obligation to provide advance notification or explanation, and without incurring any financial or legal responsibility to you.

Governing Law:

  • This Agreement is governed by the laws of the state of Washington in the United States of America, regardless of conflict of law principles.
    • Informal Resolution.  Before pursuing formal legal action for disagreements connected to this Agreement or these Terms, both parties commit to seeking an amicable solution through direct communication.
    • Mediation/Arbitration.  Should direct negotiations fail, all unresolved conflicts must proceed to mediation. If mediation does not resolve the conflict, the negotiation must proceed to binding arbitration under applicable current arbitration laws in the state of Washington. Each party bears responsibility for any and all legal fees incurred by them via their lawyers or respresentatives related to Mediation and/or Arbitration.

Severability:

  • Should a court determine any section of this Agreement or these Terms to be legally deficient or impossible to enforce, that specific portion will be revised to maintain its original purpose as closely as legally permissible. The validity and enforceability of all other sections will not be affected and shall persist with their complete legal authority.

Entire Agreement:

  • This Agreement is the complete and exclusive statement of mutual comprehension between the parties concerning the Services, replacing and nullifying any previous written documents, verbal agreements, discussions, understandings, or communications addressing the same subject matter.
  • Your continued access to or use of the Services signifies your confirmation that you have reviewed, comprehended, and consented to the Terms and Conditions outlined in this Terms of Service Agreement. This acceptance creates a legally binding obligation to adhere to all stipulations contained herein.

Contact Info:

  • If you have any questions or concerns about these Terms, please contact us at:
    • Positive Touch Dog Care
      P O Box 11811, Bainbridge Island, WA 98110

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