Our relationship is governed by the Terms and Conditions described below. These Terms and Conditions affect your legal rights. We urge you to read them. Once you have, please check the box indicating your acceptance of these revised terms.
These terms and conditions (“Terms”) govern your relationship with Fitdog Sports Club LLC. (“Fitdog,” “we,” “us,” or “our”), including, but not limited to, your use of the Fitdog Website www.fitdog.com (the “Website”) and the Fitdog Website Application (the “App”), your purchase of Fitdog classes, your rights to cancel your purchase of Fitdog classes, your registration for classes, your booking of sessions, your purchase of any services, your communication with Fitdog, and your use of and attendance at Fitdog’s services.
At Fitdog, we believe every dog and every program matters. Our goal is to do our best to ensure that every experience with Fitdog will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at email@example.com or write to us at Fitdog Sports Club, 1712 21st Street, Santa Monica, California, 90404, Attention: Andrea Servadio. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
By accepting the Terms, you and Fitdog agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Fitdog initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Fitdog or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Fitdog. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Fitdog regarding any aspect of your relationship with Fitdog, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property. Any such claims are not subject to arbitration and this Arbitration Agreement and Class Action Waiver. Dispute shall not include any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Either you or Fitdog may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or Fitdog initiate arbitration, you and we have a choice of doing so before JAMS or the AAA in Los Angeles, California:
* For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
* Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879
* As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply California law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Fitdog will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
You can bring the arbitration in Los Angeles, California. In the event that Fitdog initiates an arbitration, it will only do so in Los Angles, California.
III. Use of the Site by Minors
Fitdog does not accept online registration by any minors; please do not attempt to register on the Website or App if you are under the age of 18.
You may book individual classes, class packages, individual training sessions and training programs.
Packages and training programs do expire. The expiration dates are posted in the description of the package or training program on the Website and the App and listed on your rider receipt. If, however, you get jammed up and cannot book a session in time, just give us a call or e-mail us, and we can help you.
Future class/services prices are subject to change, but Fitdog will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim.
We accept MasterCard, Visa, Discover, and American Express. You can reserve classes online up to 1 week in advance (Monday at 12am through the following Monday), but no later than 2 hours prior to the class start time.
Your credit/debit card will be charged for your purchase of packages and training programs upon submission. Your credit/debit card will be charged for classes you’re your dog has been marked as in attendance by the instructor. Fitdog will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Fitdog may incur in its efforts to collect any unpaid balances from you.
You may cancel your purchase packages or training programs any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to please e-mail us at firstname.lastname@example.org or write to us at Fitdog Sports Club, 1712 21st Street, Santa Monica, California, 90404, Attention: Andrea Servadio.
Fitdog will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.
You or your representative may also cancel your purchase of packages and training programs. To do so, you must give us written notice, by e-mail or certified or registered mail to please e-mail us at email@example.com or write to us at Fitdog Sports Club, 1712 21st Street, Santa Monica, California, 90404, Attention: Andrea Servadio.
You may cancel your contract in any of the following circumstances.
* If your dog becomes disabled and, as a result, cannot physically participate in a class you have purchased, and the condition is verified by a doctor, Fitdog will refund you the purchase price of your unused class or classes.
* If your dog dies, Fitdog will refund your representative the purchase price of your unused class or classes.
* If you move your residence more than 25 miles from Fitdog’s club location, you may cancel your purchase and Fitdog will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.
VII. Cancellation Policy for Reservations
You may cancel your reservation 2 hours before the scheduled class time. Once your spot is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven’t cancelled your spot and an instructor comes to your home to pick up your dog and your dog is not present, you will be charged a cancellation fee of $20.
You can cancel your reservation in the following ways:
1) Log into your account on the Website or the App, and, next to the class you wish to cancel, press “cancel.”
2) Call the company to cancel the class for you.
Pick up and drop off times are indicated for each class on the website and app. Dogs must be at the designated pick-up location during the times or will not be able to attend the class. You may select your pick up and drop off location when you reserve a class or training session.
VIII. Geographic Use of Classes
Before you buy a class or series of classes, it is important that you take a minute and read the written descriptions we provide you about what the class or series includes, its expiration date, and any limitations on where you may use your class. For your convenience and flexibility, you can buy classes that are offered by geographical area or neighborhood based on the pickup and drop off location that you selected. The class offerings and where they can be used are available on our Website and/or our App, as applicable:
By signing up for and/or attending classes, events, activities, training sessions and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Fitdog and its affiliates, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the handling, training and interaction with dogs and in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as biting, fighting, running away; and (3) catastrophic injuries including being hit by a car or drowning in a pool.
If in the subjective opinion of the Fitdog staff, your dog or another dog would be at physical risk using Fitdog’s Classes and Facilities, you understand and agree that your dog may be denied access to the Classes and Facilities until you furnish Fitdog with an opinion letter from your veterinarian or other evidence, at your sole cost and expense, specifically addressing Fitdog’s concerns and stating that Fitdog ‘s concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you and/or your dog in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Fitdog, its affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you and/or your dog (a) have no medical or physical condition that would prevent you or your dog, as applicable, from properly using any of Fitdog’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you and/or your dog have any chronic disabilities or conditions, you and/or your dog are at risk in using Fitdog’s Classes and Facilities, and should not be participating in any Classes.
Fitdog has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the Fitdog logo, please understand that it is independent from Fitdog, and that Fitdog has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Fitdog.
The trademarks and trade dress of Fitdog are proprietary to Fitdog and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Fitdog. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Fitdog, is strictly prohibited.
You acknowledge that Fitdog and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Fitdog may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
XII. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of Fitdog to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
XIII. Not Authorized to Use This Website for Commercial Purposes
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Fitdog’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any Fitdog products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, Fitdog’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user’s permission to use Fitdog’s material will automatically terminate and any copies made of Fitdog ‘s material must be immediately destroyed.
Any unauthorized use of Fitdog’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
XIV. Warranty Disclaimer and Limitation of Liability
In no event will Fitdog be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of Fitdog classes, programs, and/or membership, your rights to cancel your purchase of Fitdog classes, your registration for classes and/or membership, your booking of training, your purchase of merchandise, your communication with Fitdog, and your use of and attendance at Fitdog’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Fitdog expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by Fitdog on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Fitdog provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
The Terms are governed by the laws of the State of California, without regard to California’s choice of law provisions. Except as provided above as to those Disputes you or Fitdog submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.
XVI. Acceptance of Terms
By using the Website or App, purchasing a Fitdog membership and/or class, registering for a Fitdog session or service, booking a program, purchasing merchandise, and/or using or attending a Fitdog program, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a Fitdog session or service, booking a program, purchasing merchandise, and/or using or attending a Fitdog program.
Occasional changes may be made to this document to reflect changes in Fitdog’s policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying Fitdog membership and/or classes, registering for classes, booking a program, buying merchandise, and/or using and attending Fitdog’s club and/or services, you agree to be bound by any such revisions. Users are encouraged to check this document periodically to stay informed of current guidelines.
By visiting the Website or using or downloading the App (collectively for purposes of the Policy the “Services”), you agree that your personal information will be handled as described in this Policy. Your use of our Website and App, and any dispute over privacy, is subject to this Policy and to the remainder of our Terms, including its applicable limitations on damages and the resolution of disputes.
We collect information about you directly from you and from third parties, as well as automatically through your use of our Website, App, or Services.
Information We Collect Directly From You. We collect information from you when you contact us, register with our Website or App, reserve classes, make a purchase, or otherwise interact with our Website or our App. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, and phone number, and, if you make a purchase from us, payment information, purchase history, and shipping address. We also may collect information about your workout preferences, such as your dog breed and size,, and your dog’s preferences.
Information We Collect from Third Parties. To create an account and participate in one of our classes, we need emergency contact information for our customers. When a customer creates an online account with us, we will collect the name and phone number of their emergency contact. Our customers also may provide us information about their friends, e.g., so that we can invite others to try our classes.
Information We Collect Automatically. We automatically collect information about your use of our Website and App through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
* Domain name;
* Your browser type and operating system;
* Web pages you view; links you click; your IP address;
* The length of time you visit our Site and or use our Services; and
* The referring URL or the webpage that led you to our Site.
* Mobile device ID; device name and model; operating system type, name, and version;
* Language information;
* Activities within the App; and the length of time that you are logged into our App;
* Location information. With your permission, we will collect location information from your mobile device to help you locate the nearest Fitdog service. You may turn off this feature through the location settings on your mobile device.
* Calendar. With your permission, we may access your mobile device’s calendar to help you keep track of your upcoming classes.
* Contact list. With your permission, we may access your contacts to allow you to identify your emergency contact and upload their contact information.
We use your information, including your personal information, for the following purposes:
* To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
* To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website or App.
* For marketing and promotional purposes. For example, as permitted by applicable law, we and our third party partners may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites.
* To better understand how users access and use our Website and App, both on an aggregated and individualized basis
* To improve our Website and App
* For research and analytical purposes
* To administer our customer loyalty programs
* To administer surveys and questionnaires
* To comply with applicable legal obligations, including responding to a subpoena or court order
* In the context of a merger or acquisition, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding
* Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms or this Policy.
We may share your information, including personal information, as follows:
Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
Third Parties. We may share information with our third party partners or other third parties so they may send you information about their products and services.
We may also share information in the following circumstances:
Business Transfers. If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities at our Website or our App. There are two types of cookies: session and persistent cookies.
* Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Website. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Website.
* Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Website and on third-party sites.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website and our App to, among other things, track the activities of our Website visitors and App users, help us manage content, and compile statistics about Website and App usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Do-Not-Track. There is no industry do-not-track standard; Fitdog has processes in place that are designed to recognize web browser “do-not-track” signals. The Help portion of the toolbar on most browsers will tell you how to use your web browser’s do-not-track feature. Please be advised that we cannot guarantee that our processes will capture all such do-not-track signals. You also may disable certain tracking as discussed in this section (e.g., by disabling cookies); you may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
Our Website and App may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.
We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
California residents may request a list of certain third parties to which we have disclosed personal information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: firstname.lastname@example.org. Please allow up to thirty (30) days for a response.
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at email@example.com.
This Policy is current as of the Effective Date set forth below. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website and App.
EFFECTIVE DATE: April 25, 2018