Dog PPL, Inc. Terms of Service Agreement

Welcome to Dog PPL, Inc. (“Dog PPL”)! Dog PPL is a canine social club premised on a culture surrounding the love of our canine companions. Dog PPL provides membership opportunities for dogs (“Members”) to access our members only club (“Club”), as well as opportunities for human guests (“Humans”) to visit the club and/or access our bar, café and clubhouse. This Terms of Service Agreement (the “Terms”) set forth the legally binding terms and conditions governing and the use of our website located at https://www.dogppl.co/ (the “Site”), memberships, and Members’ and Humans’ participation at the Club, events, and other services offered by Dog PPL (collectively, the “Services”).  

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PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ANY CLUB SPACE, OUR CAFÉ, SEATING AREAS, OR ANY OTHER SPACES MADE AVAILABLE TO YOU AT ONE OF THE CLUBS OWNED, LEASED OR RENTED BY DOG PPL, COMPLETING THE REGISTRATION PROCESS ON THE SITE, CLICKING ON THE “I ACCEPT” BUTTON, AND/OR ACCESSING THE SITE, SERVICES, AND RESOURCES AVAILABLE OR ENABLED VIA DOG PPL, INCLUDING AT ANY CLUB, 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 CLUBS 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 THIS 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 THIS 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.

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Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be referenced in these Terms, posted in a Club, or will be presented to you for your acceptance, such as when you sign up to use a supplemental Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms, together with any applicable Supplemental Terms, are collectively referred to herein as the “Agreement.”

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Services

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1. ‍Generally. Dog PPL is a members only canine social club. You may apply for a membership (on behalf of your dog(s)) by visiting the Site at https://www.dogppl.co/membership. You may need to create a pre-registration account to apply for a membership. You agree to provide information that is true, accurate, current and complete. Prior to submitting your application, you will be required to agree to this Agreement. Once your application is approved, you will be invited to create a membership account. Your membership to Dog PPL, including the creation and use of your membership account, and access to our facilities by you and all Members, is subject to the terms and conditions of this Agreement.  

1. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Site and/or at a Club) must be retained on all copies thereof.
2. No Support or Maintenance. You acknowledge and agree that Dog PPL will have no obligation to provide you with any support or maintenance in connection with the Site.
3. Ownership. Excluding any User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Dog PPL or Dog PPL’s suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Dog PPL and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

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Membership

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1. Application Process; Social Evaluation. After registering on the Site and purchasing the membership of your choice, you will be required to create an account (“Account”). You will be asked to provide certain information about yourself and the prospective Member(s) as prompted by the 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 Club, 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 Club. 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 your Account and records are verified, we will contact you by email to schedule your first visit, which is also a social evaluation for your dog(s). Both you and the prospective Member – your dog(s) – will be admitted to the Club 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, and your membership purchase will become active as of that day – no time is lost on your Account during this 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. Dog PPL may grant or reject requests for additional Members beyond three (3) dogs at Dog PPL’s sole discretion. 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.

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Membership policies

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1. Generally. Access to and use of Dog PPL’s Clubs 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 Clubs and on our Site or otherwise provided or communicated to you in writing (including without limitation via e-mail or through any physical or digital assets provided to you by or on behalf of Dog PPL) (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 Clubs 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 Club(s) and/or the Services is permitted. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
2. Club Access. Once a membership is activated, you and the approved Member(s) may access those Club locations elected in your membership. Humans should bring a government-issued photo ID to check in each time they access the Club. 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.
3. Membership Guidelines. You acknowledge and expressly agree that:

1. All Members must be at least four (4) months of age.
2. All Members must have valid licenses as required by applicable municipal and other laws, and be current on vaccinations, including without limitation rabies, Bordetella, and distemper (DHPP, DHLPP, DA2PP) vaccinations. If a Member is suffering from a contagious health condition (e.g., Kennel Cough or fleas) or another health-related issue (e.g., stitches, medical codes, or open wounds), we ask that you keep Member home, and return to the Club once Member has recovered. If we discover or reasonably suspect that a Member is suffering from a contagious health condition, including without limitation, canine influenza (dog flu), kennel cough (Bordetella and/or parainfluenza), strep zooepidemicus (strep zoo), conjunctivitis, papillomavirus (CPV), canine parvovirus (parvo), leptospirosis (lepto), fleas, or mange, the Member will be asked to leave and the Member’s membership will be suspended until the Member’s Human is able to provide written confirmation from the Member’s veterinarian that the Member is in good health or the Member’s condition is no longer considered to be contagious.
3. All Members over eight (8) months of age must be spayed or neutered.
4. All Members must be off-leash at all times in the Club.
5. Only flat-buckle collars are permitted. E-collars may be worn in addition to the standard flat-buckle collars, but may only be used on vibrate or electronic stimulation settings. Prong, pinch, choke and chain collars, martingale collars, collars with beads, collars with excessive amounts of metal, and other non-flat-buckle collars are not allowed in the Club.
6. Members must be on-leash when entering and exiting the Club. You must open only one gate at a time to ensure that no Members (other than your Member) have followed behind you and you must close any such gate behind you (and prior to opening the next gate, as applicable).
7. Toys and treats brought from outside the Club are not permitted.  
8. Outside food, beverages, and glass containers are not permitted in the Club.

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 Club or termination of your membership.  

1. Member Conduct.

1. If any of our staff members observe aggressive or antagonistic behavior by any Member, then Member may be pulled from the pack and Safety Officers will take action as deemed appropriate in Safety Officer’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 Club. Further, if any Member reacts to any  Safety Officer in an unsafe manner (as determined by the Safety Officer in his or her sole discretion), you may be asked to remove the Member from the Club.
2. 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 Safety Officers 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 Club, Safety Officers may handle your dog and break up any fights that ensue. If you witness any concerning behavior or emergent situations, please notify a  Safety Officer or another staff member immediately. Dog PPL reserves the right to terminate your membership at its sole discretion for any Member actions or behavior Dog PPL determines to be unacceptable.

1. Human Conduct.
   1. While our Safety Officers are present and engaged at the Club, you are responsible for monitoring and supervising your Members at all times, including in the clubhouse or café. You may not use or wear any visually or audibly obstructive headwear, including but not limited to noise-canceling headphones, virtual reality headsets, smart glasses, or any other device that impairs or could impair situational awareness, and such devices are not permitted on the property. Dog PPL requires a three to one (3:1) ratio of Members to Humans, such that no Human can accompany more than three Members at a given time. You may leave your Members unattended while you visit the outdoor restroom, but you remain responsible for your Member’s conduct, safety, and any damage to Club plants, property, or other Members, during such time and at all other times while on the property. At all times, each Member must be accompanied by a Human account holder or an approved guest on the Human account holder’s Account. You are responsible to ensure that Members do not dig holes or cause other damage to Club plants or property. While Safety Officers may be present, you are responsible for picking up after your dog.
   2. At Dog PPL, we prioritize creating a safe and respectful environment for everyone – staff, Members, and Humans. This commitment extends to all interactions, whether between Members, Humans, or Members and Humans, Members and staff, or Humans and staff. Our safety protocols and etiquette policies are designed to ensure that every individual feels secure and respected within the Dog PPL community. Upholding these standards is essential to maintaining a comfortable atmosphere that reflect the core pillars of Dog PPL. We believe that by fostering a positive and respectful environment, we can enhance the overall experience for our Members, Humans, and staff. For the avoidance of doubt, you are subject to Dog PPL’s Member Guidelines the “Member Guidelines”), which is hereby incorporated by this reference. Dog PPL reserves the right to terminate your membership at its sole discretion for any violations of this Agreement or the Member Guidelines (which may be determined or evaluated broadly at Dog PPL’s sole discretion), or for any other actions or behavior by you that Dog PPL determines to be unacceptable.
2. Guest Policy. You may bring up to five (5) guests without canine companions with you to the Club, provided that you are accompanied by a Member and remain responsible for your guests. Prior to entering the Club, each Human guest will need to be invited via the DOG PPL app and 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 Club must be Members. Guests who do not abide by our Member Guidelines 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 Club without you, please add them to your account as a Guardian using the DOG PPL app and required to sign our Release. Upon arrival, the registered contact may be required to show proof of identification. Dog PPL reserves the right to terminate your membership at its sole discretion for any guest actions or behavior Dog PPL determines to be unacceptable.
3. 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.
4. Availability of Clubs and Services. The Club, including any Services made available at the Club, 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.  
5. Wi-Fi. Dog PPL provides public Wi-Fi at its Clubs. 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.
6. Damage to Clubs. In order to continue making our Clubs and Services available to you, your Member, and other Members, we require that all Humans and Members treat our Clubs 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 Club 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.
7. Equal Opportunity Policy Statement. Dog PPL seeks, admits and maintains membership without regard to breed. With respect to Humans entering the Club, 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 Clubs 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 hello@dogppl.co.
8. 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 Human 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.
9. Investigations. Dog PPL may, but is not obligated to, monitor or review the Clubs 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 Clubs and other Services (other than through our Safety Officers), 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 Clubs and Services, without prior notice to you.
10. Interactions with Other Members. You are solely responsible for your interactions with other Humans and Members at the Club or at any of our sponsored events, and any other parties with whom you interact through the Clubs 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 CLUBS 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 CLUB 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.

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Fees and payment terms

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1. Payment; Payment Processer. You agree to pay all fees or charges (including Membership Fees (defined below), 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 Site or by e-mail delivery to you.

Dog PPL uses a third-party payment processor (“Payment Processor”) as the third-party service provider for payment services. By purchasing a membership or any other Services via our Site, you agree to be bound by our Payment Processor’s Privacy Policy, and hereby consent and authorize Dog PPL and our Payment Processor to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions. By making a purchase through the Site, you also agree to be bound by our Payment Processor’s services agreement. Our current Payment Processor is Stripe, Inc. and you hereby agree to Stripe’s privacy policy (https://stripe.com/privacy) and terms of use (https://stripe.com/legal). All information that you provide to us or to our Payment Processor must be accurate, current, and complete. By making a purchase, you authorize Dog PPL to charge your Payment Method in accordance with this Section 4, and you agree that Dog PPL is authorized to charge your Payment Method for all fees and charges due and payable to Dog PPL hereunder and that no additional notice or consent is required. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY AMOUNTS OWED IN CONNECTION WITH THE SERVICES.

1. 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. 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.
2. Automatic Renewal for Membership. If you have ordered a membership, whether monthly, quarterly, or annual, such membership will continue indefinitely until terminated in accordance with this Agreement. After your initial membership 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 Club, by phone at (213) 337- 7726 or by email at membership@dogppl.co. Failure to cancel your automatically renewing membership in accordance with this Section 4 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 Membership 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).

1. Membership Freezes. You may freeze any membership subscription up to one (1) time per year, for maximum of thirty (30) days, upon seven (7) days prior notice to Dog PPL at hello@dogppl.co. Notwithstanding the foregoing, if you provide Member’s medical documentation to Dog PPL at hello@dogppl.co, 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 Clubs or any Services that require a membership. Once you unfreeze your subscription, you can begin using the Clubs 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 hello@dogppl.co or visiting the front desk at one of our locations.
2. Taxes. Dog PPL’s fees are net of any applicable Sales Tax. If any Clubs and/or Services, or payments for any Clubs 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.

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Comunications

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1. 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 CLUB OR SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE CLUB 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.
2. 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.

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Content: Use restrictions

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1. User Content. You may have the opportunity to provide information and photos when you submit your membership application (collectively, “User Content”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. Dog PPL is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You hereby grant (and you represent and warrant that you have the right to grant) to Dog PPL an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2. Acceptable Use Policy. You agree not to: (a) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c)  use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (f) harass or interfere with any other user’s use and enjoyment of the Site; or (g) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

You also agree not to use the Site to upload or transmit any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

1. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy outlined in Section 6.2 or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities.
2. Feedback. If you provide Dog PPL with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Dog PPL all rights in such Feedback and agree that Dog PPL shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Dog PPL will treat any Feedback you provide to Dog PPL as non-confidential and non-proprietary. You agree that you will not submit to Dog PPL any information or ideas that you consider to be confidential or proprietary.

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Third-Party links, applications & ads.

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1. 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.
2. Third-Party Links, Applications & Ads. The Services may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of Dog PPL, and Dog PPL is not responsible for any Third-Party Links, Applications & Ads. Dog PPL provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links, Applications & Ads.
3. Release. You hereby release and forever discharge Dog PPL (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Site users or any Third-Party Links, Applications & Ads). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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Indemnification

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1. ‍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, or inability to use, the Clubs and Services; (b) your User Content, (c) violation of this Agreement, (d) your violation of any rights of another party, including any other Human or Member; or (e) 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 Clubs and Services.

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Disclaimer of warranties

1. As-Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF AND PARTICIPATION IN ACTIVITIES AT OUR CLUBS 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, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOG PPL OR THROUGH THE CLUBS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
2. 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 CLUBS OR ENGAGED IN OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER HUMANS.  
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation on liability

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1. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE DOG PPL PARTIES BE LIABLE FOR ANY LOSS OF USE, DATA, OR PROFITS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF 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 CLUBS 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 CLUBS 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 CLUBS; OR (5) ANY OTHER MATTER RELATED TO THE CLUBS OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

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Media release

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I hereby irrevocably authorize (i) Dog PPL and (ii) any third party designated by Dog PPL to photograph, film and otherwise record (a) Member (if I am an owner), and (b) me and my likeness and voice, create still and video images of me and my likeness, to record, use, and to display my likeness and voice in connection with my presence at the Club or other sponsored events, including, without limitation, any film projects or compilations created by Dog PPL and other third parties (collectively, “Recordings”) without further compensation, further permission, and/or right to review.  

I grant to Dog PPL a fully paid-up, royalty free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable through multiple tiers of sublicensees, right and license to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use and distribute, and permit others to use and distribute the Recordings, including my image, likeness, appearance, and voice as they appear in the Recordings (or, that of a Member if I am the owner), for any purpose whatsoever, including, without limitation, in any present or future promotion and advertising of Dog PPL or our Club in any medium or format whatsoever whether now existing or hereafter created. This Agreement applies to all Recordings, made by or on behalf of Dog PPL and to all reproductions, derivatives, and modifications of such Recordings. I acknowledge that Dog PPL may create materials (including, without limitation, promotional materials), incorporating the Recordings (the “Dog PPL Materials”), and I grant Dog PPL the right to incorporate the Recordings to create such Dog PPL Materials. Dog PPL has the sole discretion in determining the extent of the use, retention, disclosure, display, distribution and exhibition of the Recordings, including the Dog PPL Materials. I waive any right of pre-inspection and/or pre-approval of use of the Recordings and the Dog PPL Materials.

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Term and Termination

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1. 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 Clubs and Services, unless terminated earlier in accordance with this Agreement. Notwithstanding the foregoing, if you used the Clubs 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 Clubs or Services (whichever is earlier) and will remain in full force and effect while you use the Clubs or Services, unless earlier terminated in accordance with this Agreement.
2. 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 Clubs 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 Clubs and/or Services.
   1. If Dog PPL becomes aware of any possible violations by you of this Agreement or the Member Guidelines, 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 the Member Guidelines, or have otherwise demonstrated conduct inappropriate for the Clubs 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 Clubs; (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 Clubs in Dog PPL’s possession in connection with your use of the Clubs 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 Clubs 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.
   2. If your Account is terminated by Dog PPL due to your violation of any portion of this Agreement or the Member Guidelines, or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Clubs 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.
   3. 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.
3. Termination of your Membership by You. If you would like 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 Club, or by contacting us at: membership@dogppl.co.  
4. Effect of Termination. Termination of any membership includes immediate removal of access to those Club(s) and Service(s) that were the subject of such membership and barring of further use of such Club(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.

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Dispute resolution

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Please read the following Arbitration Agreement in this section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Dog PPL and limits the manner in which you can seek relief from us.  

1. 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 this Agreement, 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 this Agreement as well as claims that may arise after the termination of the Agreement.  
2. 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.
3. 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 info@litteraeducation.com or regular mail to our offices located at Dog PPL Inc., 3440 Ocean Club 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.
4. 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.
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.
6. Waiver of Class and Other Non-Individualized Relief. YOU AND DOG PPL AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 13.15, 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 Section 13.15 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.
7. Rules and Forum. This Agreement evidences 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.  
8. 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.
9. 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.  
10. Unless you and otherwise agree, or the Batch Arbitration process discussed in Section 13.15 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.
11. 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.
12. 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 Section 13.15 is triggered, JAMS will appoint the arbitrator for each batch.
13. 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.
14. 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.
15. 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”).
16. 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.
17. 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.
18. 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 Club 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 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.
19. 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.
20. 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 Club 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.

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General

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1. 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.
2. 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.
3. 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.
4. Changes. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Members or users of our Site. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
5. 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 Club 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.
6. 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.
7. 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.
8. 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 Club Blvd., Santa Monica, CA 90405, or emailing us at hello@dogppl.co. 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.
9. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Dog PPL, or any products utilizing such data, in violation of the United States export laws or regulations.
10. Copyright/Trademark Information. Copyright © 2023, Dog PPL, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11. 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. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Dog PPL is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, 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. Dog PPL may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.