Last Updated Date: 07.17.2023
Welcome to Dog PPL, Inc., (“Dog PPL”)! Dog PPL is a canine social club premised on a culture surrounding the love of our four-legged companions. Dog PPL provides membership opportunities for your dog (“Member”) to access our members only dog park, and for human guests (“Humans”) to visit the park and/or access our bar, café and lounge. This Membership Agreement (“ Membership Agreement”) sets forth the terms, conditions, rules and policies regarding our memberships, and members’ and humans’ participation in the Park, events and other services offered by Dog PPL.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY. BY ACCESSING OR USING ANY DOG PARK SPACE, OUR CAFÉ, SEATING AREAS, OR ANY OTHER SPACES MADE AVAILABLE TO YOU AT ONE OF OUR DOG PPL LOCATIONS (EACH, A “PARK”) OWNED, LEASED OR RENTED BY DOG PPL, COMPLETING THE REGISTRATION PROCESS ON OUR WEBSITE (“SITE”), CLICKING ON THE “I ACCEPT” BUTTON, AND/OR ACCESSING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA DOG PPL, INCLUDING AT ANY PARK (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DOG PPL, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR PARKS OR OUR SERVICES.
IMPORTANT INFORMATION ABOUT ARBITRATION, CONSENTS AND UPDATES TO THE AGREEMENT
PLEASE BE AWARE THAT SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND DOG PPL HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. SECTION 13 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND DOG PPL BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (I) YOU AND DOG PPL WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (II) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
IMPORTANT INFORMATION ABOUT AUTOMATICALLY RENEWING MEMBERSHIPS
IF YOU PURCHASE A RENEWING MEMBERSHIP SUBSCRIPTION, THEN UPON EXPIRATION OF THE INITIAL TERM OF SUCH MEMBERSHIP, THE MEMBERSHIP SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT DOG PPL’S THEN-CURRENT RATE FOR SUCH MEMBERSHIPS UNLESS YOU DECLINE TO RENEW YOUR MEMBERSHIP SUBSCRIPTION IN ACCORDANCE WITH THE FEES AND PURCHASE TERMS AND AUTOMATIC RENEWAL PROVISIONS SET FORTH BELOW.
1. Our Services. Dog PPL engineers spaces for our four-legged companions. For our Members, the Park comprises engineered grass, cognitive obstacles, and hydro play stations. For Humans, we offer a social space to engage with a community that values dogs just as much as you do! Humans can enjoy a curated menu of food and beverages for purchase onsite. Dog PPL may offer additional Services, such as grooming services and other special events at the Park. Please check our site for updates on special events and offerings.
2. Application Process; Temperament Testing. After registering on the Site, you will be required to create your membership account (“Account”). You will be asked to provide certain information about yourself and the prospective Member(s) as prompted by the membership account registration form, including (but not limited to) an email address and password, prospective Member birthday, vaccination records, and any other information required by the form. You will be required to provide information required for your access to the Park, and your use of the Services that is, and to update such information so it remains, true, accurate, current and complete. Without limiting the foregoing, you must keep all vaccination records up to date in order for Member to maintain access to the Park. By completing the application and registration process, you represent and warrant you are the owner of the Member(s) you seek to register, and that all photos, content, and other information you provide are true, accurate, current and complete.
After you submit your application we will contact you by email to schedule a temperament assessment where both you and the prospective Member will be admitted to the Park subject to signing our liability waiver and release agreement (“Release”). Dog PPL will assess each prospective Member’s temperament, and determine in its sole discretion whether prospective Member is a good fit for membership. We will notify you of Member’s acceptance to membership, at which point we will send a link to you by email to complete the membership purchase process. If you would like to add additional Members to the membership, you can do so for up to three (3) dogs by visiting your Account. Due to the nature of the application process, memberships are issued on a per Member basis and are not transferrable. DOG PPL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO ACCEPT OR REJECT ANY APPLICATION AND/OR ANY MEMBER, FOR ANY REASON, EXCEPT TO THE EXTENT PROHIBITED BY LAW.
3. Membership Policies.
3.1 Generally. Access to and use of Dog PPL’s Parks and Services is subject to full compliance with the rules in this Agreement, including the rules in this Section 3, as well as any rules posted in any Parks (collectively, the “Rules”). The Rules listed are designed to ensure a safer and more enjoyable environment in which to socialize with you canine companions. Please be thoughtful and observe the Rules at all times. All approved signs posted in Parks or on any of Dog PPL’s premises shall be considered part of the Rules. PLEASE NOTE THAT THE AGREEMENT, INCLUDING THE POLICIES IN THIS SECTION 3 ARE SUBJECT TO CHANGE BY DOG PPL IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of this Agreement available at the Site. We will also update the “Last Updated” date at the top of this Agreement. We may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Dog PPL may require you to provide consent to the updated Agreement in a specified manner before further use of the Park(s) and/or the Services is permitted. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
3.2 Park Access. Once a membership is activated, you and the approved Member(s) may access those Park locations elected in your Membership. Humans should bring a government-issued photo ID to check in each time they access the Park. Providing your identification to an unregistered Human or otherwise impersonating any person (including a registered Human) may result in suspension or termination of the Membership.
2.3 Membership Guidelines. You acknowledge and expressly agree that:
(a) All Members must be at least four (4) months of age.
(b) All Members must be current on vaccinations, including without limitation rabies and distemper (DHPP, DHLPP, DA2PP) vaccinations. If a Member is suffering from a contagious health condition (e.g., Kennel Cough or fleas), we ask that you keep Member home, and return to the Park once Member has recovered. If we discover that Member is suffering from a contagious health condition, Member will be asked to leave.
(c) All dogs over eight (8) months of age must be spayed or neutered.
(d) All dogs must be off-leash at all times in the Park.
(e) Only flat-buckle collars or harnesses are permitted. Prong, pinch, choke and chain collars are not allowed in the park.
(f) Members must be on-leash when exiting the Park. You must open only one gate at a time to ensure that no members (other than your Member) have followed behind you.
You understand that failure to comply with any of the foregoing, in Dog PPL’s sole discretion, may result in your and Member’s removal from the Park.
2.4 Member Conduct.
(a) If any of our staff members (“Rufferees”) observe aggressive or antagonistic behavior by any Member, then Member may be pulled from the pack and Rufferees will take action as deemed appropriate in Rufferee’s sole discretion (e.g., time-out, redirect behavior, etc.). If aggressive behavior persists, we reserve the right to ask you to take Member for a time-out or you may be asked to remove Member from the Park.
(b) Rough play is acceptable as long as it is consensual. Rough play is not accepted if the members involved aren’t comfortable with the situation. Our Rufferees will evaluate in their sole discretion. Mounting should be discouraged as it is generally not enjoyed by the member being mounted. If such behavior ensues, Member may be asked to leave.
Please be aware, no method of intervention in the case of aggressive behavior or dog fights is risk-free. Fights cannot always be prevented. You expressly agree that by entering the Park, Rufferees may handle your dog and break up any fights that ensue. If you witness any concerning behavior or emergent situations, please notify a Rufferee or another staff member immediately.
2.5 Human Conduct. While our Rufferees are present and engaged at the Park, you are responsible for monitoring and supervising your Members at all times. You must continue to check on your dog if you exit the Park to visit the lounge or café. Dog PPL requires a three to one (3:1) ration of members to Humans. You remain responsible for your Member’s conduct, safety, and any damage to Park plants, property, or other members. At no point can you leave the property without your Member. You are responsible to ensure their dog(s) do not dig holes or cause other damage to park plants or property. While Rufferees may be present, you are responsible for picking up after your dog. Without limiting the foregoing, you are subject to Dog PPL’s Code of Conduct, which is hereby incorporated by this reference.
2.6 Guest Policy. You may bring guests without canine companions with you to the Park, provided that you are accompanied by a Member and remain responsible for your guests. Prior to entering the Park, each Human guest will be required to sign our Release. Our guest policy applies to human guests only, as we do not have a guest policy for dogs. All dogs at the Park must be members. Guests who do not abide by our Code of Conduct may be asked to leave. If you would like a member of your family, your dog walker, or another trusted Human to accompany a Member to the Park without you, please let us know and we will add such individual as a registered contact on your Account. Upon arrival, the registered contact will be required to show proof of identification and sign our Release.
2.7 Storage Areas. Dog PPL may make available leash racks and storage areas to allow Humans to store their personal belongings. YOU STORE YOUR BELONGINGS IN OUR STORAGE AREAS AT YOUR OWN RISK. These areas do not accommodate locks. As such, do not leave valuable property in any storage area at any time. Dog PPL is not responsible for any theft or damage to your property.
2.8 Availability of Parks and Services. The Park, including any Services made available at the Park, may have limited hours, be discontinued altogether at any time, or be offered on a “first come, first served” basis. Dog PPL reserves the right to charge a separate participation or reservation fee for any or all of these Services.
2.9 Wi-Fi. Dog PPL provides public Wi-Fi at its Parks. You agree not to disclose, provide or make available any usernames or passwords provided by Dog PPL with respect to its Wi-Fi. You acknowledge that the use of any Wi-Fi may be subject to additional terms and conditions that will be provided to you, whether in hardcopy or digitally. Due to the public nature of such Wi-Fi, Dog PPL makes no representations, warranties or other guarantees with respect to the availability, integrity or security of such Wi-Fi. As such, Dog PPL is not, and shall not be liability for any loss, damage, hacking, or breach relating to any data, content or information you download, upload, store, process, transmit or otherwise make available via any such Wi-Fi, or any unavailability, error, or lost connection in connection with such Wi-Fi.
2.10 Damage to Parks. In order to continue making our Parks and Services available to you, Member, and other members, we require that all Humans and members treat our Parks with respect, and refrain from any conduct that may damage or destroy such spaces. Without limiting anything else set forth in this Agreement (including, any Supplemental Terms), in the event you damage or destroy any Park or aspect thereof, you agree that you shall fully reimburse Dog PPL for all costs, expenses, damages, liabilities and losses, including any reasonable attorneys’ fees, incurred by Dog PPL in connection with any such damage or destruction.
2.11 Equal Opportunity Policy Statement. Dog PPL seeks, admits and maintains membership without regard to breed. With respect to Humans entering the Park, Dog PPL welcomes all Humans without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age. It is further a Dog PPL policy that no circumstance or conduct undertaken by Dog PPL personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications. All members of Dog PPL and their accompanying Humans shall have full and equal access to the Parks and Services. Human visitors with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any Human who believes that he/she is/has been treated unfairly on any of the aforementioned matters should first report to Dog PPL management or communicate concerns by email at firstname.lastname@example.org.
2.12 Violations. Without limiting any other provision in this Agreement, if you or any member or guest violates any of the rules or policies in this Section 3, Dog PPL will ask that individual or member to stop or leave. Any violation of any of these rules or policies may also cause Dog PPL, in its sole discretion, to terminate this membership.
3. Investigations. Dog PPL may, but is not obligated to, monitor or review the Parks and Services at any time. Without limiting the foregoing, Dog PPL shall have the right, in its sole discretion, to remove any members, and any of their property, content, data and materials if such member, or their property, content, data or materials violates this Agreement or any applicable law. Although Dog PPL does not generally monitor user activity occurring in connection with Parks and other Services (other than through our Rufferees), if Dog PPL becomes aware of any possible violations by you of any provision of this Agreement, Dog PPL reserves the right to investigate such violations, and Dog PPL may, at its sole discretion, immediately terminate your right to access the Parks and Services, without prior notice to you.
4. Interactions with Other Members. You are solely responsible for your interactions with other Humans and members at the Park or at any of our sponsored Events, and any other parties with whom you interact through the Parks and Services; provided, however, that Dog PPL reserves the right, but has no obligation, to intercede in disputes. When interacting with other Humans or members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. DOG PPL AND ITS AFFILIATES, LANDLORDS, PROPERTY MANAGERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PARKS AND SERVICES, OR ANY OFF-SITE EVENT(S) PROVIDED OR SPONSORED BY DOG PPL. YOU UNDERSTAND THAT DOG PPL DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON INDIVIDUALS WHO ACCESS THE PARK OR SERVICES. DOG PPL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER HUMANS. DOG PPL MAKES NO REPRESENTATIONS IN CONNECTION WITH PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. NEITHER DOG PPL NOR ITS AFFILIATES, LANDLORDS, PROPERTY MANAGERS, OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY HUMAN. We encourage you to exercise caution and to only meet with members that you know and trust.
5. Fees and Payment Terms
5.3 Payment; Payment Processor. You agree to pay all fees or charges (including Membership Fees, or any other applicable fees) to your membership Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Dog PPL with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”), or ACH information as a condition to signing up for a membership. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Dog PPL with your credit card number and associated payment information, you agree that Dog PPL is authorized to immediately invoice your Account for all fees and charges due and payable to Dog PPL hereunder and that no additional notice or consent is required. You agree to immediately notify Dog PPL of any change in your billing address or the credit card used for payment hereunder. Dog PPL reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.
5.4 Fees; Initial Commitment. You will be responsible for payment of the applicable fee for any membership (each, a “Membership Fee”) at the time you select your monthly or annual package (each, a “Membership Commencement Date”). Except as set forth in this Agreement, all fees for any memberships or any other fee-based Services are non-refundable. No contract will exist between you and Dog PPL for any membership until Dog PPL confirms that your application for membership is accepted by email or other appropriate means of communication.
5.5 Automatic Renewal for Monthly Membership. If you have ordered a monthly membership, such membership will continue indefinitely until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, such membership will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for a period of equivalent duration to the initial subscription period, at Dog PPL’s then-current price for such membership subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least five (5) business days prior to the Renewal Commencement Date, by visiting the front desk of any Park, by phone at (213) 337- 7726 or by email at email@example.com. Failure to cancel your automatically renewing membership in accordance with this Section 6.3 will result in a charge for the full amount of your next billing payment.
If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Dog PPL to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Dog PPL does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Dog PPL may either terminate or suspend your subscription/membership and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your subscription/membership will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
5.6 Membership Freezes. You may freeze any membership subscription up to one (1) time per year, for a maximum of thirty (30) days, upon seven (7) days prior notice to Dog PPL at firstname.lastname@example.org. Notwithstanding the foregoing, if you provide Member’s medical documentation to Dog PPL at email@example.com, Dog PPL may, in its discretion, authorize an extended membership freeze beyond thirty (30) days, on a case-by-case basis. During any period in which you freeze the membership, you will not have access to any Parks or any Services that require a membership. Once you unfreeze your subscription, you can begin using the Parks and Services immediately and you will automatically be charged your Membership Fee for that month beginning on the date you unfreeze that membership. You may freeze and unfreeze a membership by emailing us at firstname.lastname@example.org or visiting the front desk at one of our locations.
5.7 Taxes. Dog PPL’s fees are net of any applicable Sales Tax. If any Parks and/or Services, or payments for any Parks and/or Services, under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Dog PPL, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Dog PPL for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Dog PPL is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. Dog PPL Communications.
6.3 Generally. You may have the opportunity to provide us with your e-mail address or phone number. By providing your email address or phone number to us, you consent to receiving emails, phone calls, and SMS communications from Dog PPL. Communications from us and our affiliated companies may include but are not limited to: communications related to a membership, communications via our newsletter, or responses to your inquiries. If we send marketing or promotional communications to you by email, you will have the ability to opt out of receiving such communications by following the instructions in this section. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE PARK OR SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE PARK OR SERVICES. IF YOU WISH TO OPT OUT OF RECEIVING PROMOTIONAL EMAIL COMMUNICATIONS FROM US, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
6.4 Electronic Communications. The communications between you and Dog PPL use electronic means, whether you use the Site or send us emails, or whether Dog PPL posts notices on your Account, on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Dog PPL in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dog PPL provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
7. Third-Party Services. Dog PPL may make available products and services provided by third parties (“Third-Party Services”). Dog PPL provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk.
8. Indemnification. You agree to indemnify and hold Dog PPL, its parents, subsidiaries, affiliates, officers, employees, agents, partners, landlords, property managers and licensors (collectively the “Dog PPL Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Parks and Services; (b) your violation of this Agreement; (c) your violation of any rights of another party, including any other Human or member; or (d) your violation of any applicable laws, rules or regulations. Dog PPL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dog PPL in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Parks and Services.
9. Disclaimer of Warranties
9.3 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF AND PARTICIPATION IN ACTIVITIES AT OUR PARKS AND ACCESS TO OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DOG PPL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOG PPL OR THROUGH THE PARKS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.4 No Liability for Conduct of Other Members. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER HUMANS WHO ACCESS SERVICES OFFERED BY DOG PPL. YOU UNDERSTAND THAT DOG PPL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF SUCH HUMANS. DOG PPL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF INDIVIDUALS AT OUR PARKS OR ENGAGED IN OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER HUMANS.
10 Limitation of Liability.
10.3 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DOG PPL PARTIES BE LIABLE FOR ANY LOSS OF USE, DATA, OR PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PARKS OR SERVICES, WHETHER OR NOT DOG PPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OF DOG PPL, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE PARKS OR SERVICES, OR ANY OFF-SITE EVENT(S) PROVIDED OR SPONSORED BY DOG PPL; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE PARKS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA MADE IN CONNECTION WITH ANY WI-FI OR INTERNET SERVICES MADE AVAILABLE BY DOG PPL; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY IN THE PARKS; OR (5) ANY OTHER MATTER RELATED TO THE PARKS OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
10.4 Cap on Liability. UNDER NO CIRCUMSTANCES WILL DOG PPL PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO DOG PPL BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF DOG PPL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY DOG PPL PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY DOG PPL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.5 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10.6 Your Data. DOG PPL PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA IN YOUR ACCOUNT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH ANY WI-FI OR INTERNET SERVICES MADE AVAILABLE BY DOG PPL.
10.7 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOG PPL AND YOU.
11. Release. You waive any and all rights and benefits which you have or may have under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
12. Term and Termination.
12.3 Term. This Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use the Parks and Services, unless terminated earlier in accordance with this Agreement. Notwithstanding the foregoing, if you used the Parks or Services prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Parks or Services (whichever is earlier) and will remain in full force and effect while you use the Parks or Services, unless earlier terminated in accordance with this Agreement.
12.4 Termination of Services and/or Membership by Dog PPL. If you have materially breached any provision of this Agreement, or if Dog PPL is required to do so by law (e.g., where the provision of the Parks or the Services is, or becomes, unlawful), Dog PPL has the right to, immediately and without notice, to suspend or terminate your access to any Parks and/or Services.
(a) If Dog PPL becomes aware of any possible violations by you of this Agreement, Dog PPL reserves the right to investigate such violations. In the event that Dog PPL determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for the Parks or Services, Dog PPL reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Dog PPL) that you have violated this Agreement; (ii) remove your property from the Parks; (iii) discontinue your membership(s)/subscription(s) with Dog PPL; (iv) notify and/or send your property to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which Dog PPL deems to be appropriate. If, as a result of the investigation, Dog PPL believes that criminal activity has occurred, Dog PPL reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Dog PPL is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Parks in Dog PPL’s possession in connection with your use of the Parks or Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce this Agreement; (iii) respond to any claims that any of your property in Dog PPL’s possession or present in the Parks violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Dog PPL, its members or the public, and all enforcement or other government officials, as Dog PPL in its sole discretion believes to be necessary or appropriate.
(b) If your Account is terminated by Dog PPL due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Parks or Services through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Dog PPL reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
(c) You agree that all terminations for cause shall be made in Dog PPL’s sole discretion and that Dog PPL shall not be liable to you or any third-party for any termination of your Account.
12.5 Termination of your Membership by You. Subject to Section 6.3, if you want to terminate a membership, or other Services provided by Dog PPL, you may do so by notifying Dog PPL at any time at the front desk of any Dog PPL Park, or by contacting us at: email@example.com.
12.6 Effect of Termination. Termination of any membership includes immediate removal of access to those Park(s) and Service(s) that were the subject of such membership and barring of further use of such Park(s) and Service(s). Dog PPL will not have any liability whatsoever to you for any suspension or termination. If a membership terminates for any reason, Dog PPL will not issue a refund of any prepaid fees. All provisions of this Agreement which by their nature should survive, shall survive termination of any membership, including without limitation, warranty disclaimers, releases, and limitation of liability.
13. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Dog PPL and limits the manner in which you can seek relief from us.
13.3 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Dog PPL agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Dog PPL may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Dog PPL may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of this Agreement.
13.4 Informal Dispute Resolution. There may be instances when a Dispute arises between you and Dog PPL. If that occurs, Dog PPL is committed to working with you to reach a reasonable resolution. You and Dog PPL agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Dog PPL therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Dog PPL that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to firstname.lastname@example.org or regular mail to our offices located at Dog PPL Inc., 3440 Ocean Park Blvd., Santa Monica, CA 90405. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
13.5 Waiver of Jury Trial. YOU AND DOG PPL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Dog PPL are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
13.6 Waiver of Class and Other Non-Individualized Relief. YOU AND DOG PPL AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 14.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 1.9 (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Dog PPL agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Los Angeles, California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Dog PPL from participating in a class-wide settlement of claims.
13.7 Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Dog PPL agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 14.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
You and Dog PPL agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
13.8 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 1.9 (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.
13.9 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.10 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Dog PPL need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
13.11 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Dog PPL agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Dog PPL by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Dog PPL.
You and Dog PPL agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
13.12 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Dog PPL Inc., 3440 Ocean Park Blvd., Santa Monica, CA 90405, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Dog PPL account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
13.13 Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Dog PPL as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
13.14 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dog PPL makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Dog PPL at: Dog PPL Inc., 3440 Ocean Park Blvd., Santa Monica, CA 90405, your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Dog PPL will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
14. General Provisions.
14.3 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Dog PPL’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.4 Force Majeure. Dog PPL shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 Governing Law. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14.6 Notice. Where Dog PPL requires that you provide an e-mail address, you are responsible for providing Dog PPL with your most current e-mail address. In the event that the last e-mail address you provided to Dog PPL is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Dog PPL’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Dog PPL at the following address: 3440 Ocean Park Blvd., Santa Monica, CA 90405. Such notice shall be deemed given when received by Dog PPL by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
14.7 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.8 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.9 Questions, Complaints, and Claims. If have any questions, complaints, or claims or you believe that Dog PPL has not adhered to this Agreement, please contact Dog PPL by mailing us at Dog PPL, Attn: 3440 Ocean Park Blvd., Santa Monica, CA 90405, or emailing us at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
14.10 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Agreement