Terms of service

Terms Of Service

Effective: August 27, 2020

Welcome to Spot’s Club!

These Terms and Conditions (the “Terms of Service” or “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Spot’s Club, including its affiliates, parents, and subsidiaries (collectively, “Spot’s Club,” “we,” “us,” or “our”), governing your access to and use of the Spot’s Club family of websites and related platforms.

These Terms apply to all websites owned, operated, or controlled by Spot’s Club that link to or reference these Terms, including, without limitation, www.spotsclub-pets.com (together with any other such websites, the “Sites”), as well as any downloadable or web-based applications made available by Spot’s Club (the “Apps”). The Sites and Apps are collectively referred to herein as the “Platforms.”

These Terms further govern your access to and use of all products, subscriptions, features, content, and services offered, provided, or made available by Spot’s Club through the Platforms, including, without limitation, monthly subscription services, product sales, and gift services (collectively, the “Services”).

IMPORTANT NOTICE REGARDING LEGAL RIGHTS

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY ACCESSING OR USING THE PLATFORMS (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN. PURSUANT TO THESE PROVISIONS, YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING.

BY ACCESSING OR USING THE PLATFORMS, YOU FURTHER ACKNOWLEDGE AND REPRESENT THAT:
(a) YOUR ACCESS TO AND USE OF THE PLATFORMS AND SERVICES WILL COMPLY WITH THESE TERMS OF SERVICE AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS; AND
(b) YOU ARE OF LEGAL AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING CONTRACT.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORMS OR SERVICES.

We reserve the right, in our sole discretion, to modify or update these Terms of Service from time to time for any reason. Any such changes shall become effective upon posting the revised Terms of Service on the Platforms. Notwithstanding the foregoing, any modifications shall not apply to fee-bearing subscription Services that are in effect at the time of such modification until the applicable subscription term expires or is otherwise terminated in accordance with these Terms.

These Terms of Service apply to all services, products, and features offered by Spot’s Club through the Platforms, unless expressly stated otherwise in writing.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPOT’S CLUB. THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO ARBITRATE THAT, SUBJECT TO CERTAIN LIMITED EXCEPTIONS, REQUIRES YOU AND SPOT’S CLUB TO RESOLVE CERTAIN CLAIMS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN A COURT OF LAW AND LIMITS THE ABILITY TO BRING OR PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS, UNLESS YOU TIMELY OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE ARBITRATION SECTION OF THESE TERMS (SEE SECTION [●], “ENFORCEMENT – AGREEMENT TO ARBITRATE”).

Spot’s Club offers subscription-based services providing for the recurring delivery of canine-related products to you for use with your dog or as a gift to third-party dog owners. Your access to and use of the Platforms, your purchase of any products, and your participation in or use of the Services are governed by and subject to these Terms of Service and the Spot’s Club Privacy Policy, which is incorporated herein by reference and available on the Website.

1. Acceptance of Terms

By accessing or using the Platforms or subscribing to any of the Services, you acknowledge and agree that you have unconditionally accepted and are bound by these Terms of Service. You are responsible for reviewing these Terms of Service carefully, as they may be amended or updated from time to time.

The most current version of these Terms of Service will be made available on the applicable Spot’s Club website, and your continued access to or use of the Platforms or Services following the posting of any revisions constitutes your acceptance of such revisions.

2. Scope of Service

Spot’s Club maintains and operates the Platforms as a service to users, subject at all times to these Terms of Service. You are solely responsible for obtaining, maintaining, and paying for all hardware, software, telecommunications, Internet access, and other services necessary to access and use the Platforms, as well as any associated fees or charges imposed by third parties.

Spot’s Club reserves the right, in its sole discretion, to modify, suspend, restrict, or discontinue the Platforms or any portion thereof, and/or any Services, features, content, or functionality offered through the Platforms, in whole or in part, at any time and for any reason, with or without notice to you.

From time to time, Spot’s Club may restrict access to certain portions of the Platforms and/or Services to some or all users, including based on geographic location, subscription status, or compliance with these Terms of Service.

You acknowledge and agree that the Platforms may be unavailable from time to time due to scheduled maintenance, unscheduled maintenance, system upgrades, equipment malfunction, force majeure events, or other reasons beyond Spot’s Club’s reasonable control, and that Spot’s Club shall not be liable for any unavailability, interruption, or suspension of access to the Platforms or Services.

3. Website Content

Subject to your ongoing compliance with these Terms of Service, Spot’s Club grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platforms and the Content solely for your personal, non-commercial use.

For purposes of these Terms of Service, “Content” means all information, text, graphics, images, photographs, data, audio, video, software, code, links, and other materials or content made available through the Platforms or Services, whether owned by or licensed to Spot’s Club, or provided by third parties for display or use through the Platforms or Services.

The Content may contain typographical errors, inaccuracies, or omissions. Spot’s Club reserves the right, in its sole discretion, to correct any errors or inaccuracies and to modify, update, or change the Content, including without limitation document names, product or service descriptions, specifications, pricing, or other information, at any time and without prior notice.

Subject to these Terms of Service, you may view, download, print, and retain copies of Content that is made available through the Platforms or Services, provided that all of the following conditions are met:

  • The Content is used solely for your internal, personal, informational purposes and not for any commercial or public use;
  • The Content is not modified, adapted, translated, or otherwise altered in any manner;
  • All copyright, trademark, and other proprietary rights notices are retained and not removed, obscured, or altered; and
  • No Content is reproduced, distributed, publicly displayed, publicly performed, transmitted, sublicensed, sold, or otherwise exploited for any purpose not expressly permitted by these Terms of Service.

Except as expressly set forth herein, nothing contained on the Platforms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, trade name, or other proprietary rights displayed on the Platforms, including through framing, deep linking, or similar means, without the prior written consent of Spot’s Club or the applicable third-party rights holder.

4. Registration and Subscriptions; Product Sales

a. Registration

Certain Services are available only to users who register an account with Spot’s Club (each, a “Client”). To register, you must complete the applicable registration process and provide accurate, current, and complete information, including a valid email address or username and a password (collectively, “Login Credentials”). You represent and warrant that all information provided during registration and thereafter is truthful and accurate and that you will promptly update such information as necessary to maintain its accuracy.

Certain Services may require the submission of additional information, including, without limitation, payment information, shipping details, and information relating to your dog. You are solely responsible for maintaining the confidentiality of your Login Credentials and for all activities conducted through your account, including any purchases or financial obligations incurred.

You agree to notify Spot’s Club immediately if you suspect or become aware of any unauthorized access to or use of your Login Credentials or account. Spot’s Club shall not be liable for any loss or damage arising from your failure to safeguard your Login Credentials.

All information you provide to Spot’s Club in connection with your registration or use of the Services is subject to the Spot’s Club Privacy Policy, which is incorporated herein by reference. To the extent available for the applicable Service, you are responsible for maintaining and updating your registration information through your account profile on the Platforms.

b. Electronic Communications; Email and Push Notifications

In order to enroll in and maintain an ongoing subscription, you must register as a Client on the applicable Platform and provide required information, which may include details about your dog (such as size or breed for product selection), shipping and billing information, and a valid email address and password to establish your account.

By registering for an account and/or subscribing to the Services, you consent to receive electronic communications from Spot’s Club, including transactional emails, service-related notices, administrative messages, and promotional communications, including newsletters, special offers, and marketing communications from Spot’s Club and, where permitted by law, from selected third-party partners.

Spot’s Club may also send push notifications or similar messages related to your account, subscription, upcoming deliveries, events, or service offerings. You may opt out of receiving promotional or marketing emails at any time by following the “unsubscribe” instructions included in such communications. Please note that you may not opt out of receiving transactional or service-related communications necessary to administer your account or fulfill the Services.

5. Monthly Delivery

a. Ordering

Clients may place orders for Products through the Platforms, either as one-time purchases or through recurring subscription plans, as made available by Spot’s Club from time to time. Spot’s Club, or its designated third-party fulfillment or shipping partners, will ship Products to the delivery address provided by you at the time of purchase.

Unless otherwise expressly stated on the applicable Platform or order confirmation, you are responsible for all shipping, handling, taxes, and other applicable fees associated with your order. Risk of loss and title to Products shall pass to you upon delivery of the Products to the carrier, to the extent permitted by applicable law.

b. Subscription Product Selection

If you enroll in a subscription offered by Spot’s Club, you acknowledge and agree that the selection, assortment, and availability of Products included in each subscription delivery may vary from month to month and are subject to change at Spot’s Club’s sole discretion.

As a subscribed Client, Spot’s Club will deliver a monthly package containing a curated assortment of canine-related products, which may include, without limitation, toys, treats, grooming or hygiene products, food samples, chews, bones, supplements, or other pet-related items (collectively, “Products”). The specific Products included in each monthly shipment are not guaranteed and may differ from prior or future shipments.

By enrolling in a subscription, you expressly authorize Spot’s Club to charge the applicable recurring subscription fee for each subscription period, and you agree to pay all such fees in accordance with the pricing and billing terms disclosed at the time of enrollment and as otherwise set forth in these Terms of Service.

6. Billing and Payments

Spot’s Club may, from time to time, offer certain Services, including monthly subscription offerings, either free of charge or for a fee, in its sole discretion. Spot’s Club reserves the right to modify, establish, or eliminate fees, pricing, or billing structures for any Services at any time; provided, however, that any changes to fees applicable to a then-current, fee-bearing subscription shall not take effect until the conclusion of the applicable subscription term, unless otherwise permitted by law or expressly disclosed to you.

Spot’s Club may also, in its sole discretion, offer promotional pricing, incentive programs, memberships, discounts, or other special offers, which may be limited in duration, quantity, or eligibility and may be made available only to certain users or classes of users.

If you purchase any Services or Products offered for a fee, whether on a one-time or subscription basis, you authorize Spot’s Club, directly or through its designated third-party payment processors, to charge your selected payment method for all applicable fees, including recurring subscription charges, at the rates then in effect. You agree to pay all amounts due in connection with such purchases, including all applicable taxes, duties, and governmental charges.

All prices for Services and Products are due and payable in full prior to shipment or delivery, unless otherwise expressly stated. Accepted forms of payment may include major credit and debit cards and third-party payment services, as identified on the Platforms from time to time. Spot’s Club reserves the right to modify accepted payment methods at any time without notice.

7. Subscription Renewals

By enrolling in a subscription Service, you authorize Spot’s Club to automatically charge your designated payment method on a recurring monthly basis for the applicable subscription fees, without further authorization from you, unless and until you cancel your subscription in accordance with these Terms of Service.

If you enroll in a subscription plan with a committed term longer than one (1) month (including, without limitation, six-month or twelve-month subscription plans), you acknowledge and agree that you are committing to pay for the full subscription term. You will be charged monthly throughout the entire subscription period, even if you elect to cancel your subscription prior to the expiration of the applicable subscription term. If you cancel your subscription before the end of a committed subscription term, you will remain financially responsible for, and Spot’s Club will continue to charge you for, all remaining monthly payments due for the remainder of that subscription period.

Unless you cancel your subscription in accordance with these Terms, your subscription will automatically renew at the end of each subscription period for an additional subscription period of the same duration, at the then-current subscription rate, unless otherwise disclosed to you.

To avoid renewal, you must cancel your subscription by logging into your account and submitting a cancellation request through the applicable Platform, or by contacting Spot’s Club customer support using the contact information provided on the Website, no later than the first day of the calendar month immediately following the end of your then-current subscription period. Cancellation requests received after such date will apply to the subsequent subscription period.

Spot’s Club reserves the right, in its sole discretion and to the extent permitted by applicable law, to decline to renew any subscription for any reason.

8. Payment

By using the Platforms or purchasing any Services, subscriptions, or Products, you authorize Spot’s Club to charge your designated payment method for all applicable fees, including subscription fees, one-time purchases, shipping and handling charges, applicable taxes (including, without limitation, local sales tax or value-added tax), and any other amounts accrued in connection with your account or your use of the Platforms or Services.

You are solely responsible for providing Spot’s Club with a valid, up-to-date payment method and for ensuring timely payment of all fees due. Accepted payment methods will be as listed on the applicable Platform and may be updated by Spot’s Club from time to time. You acknowledge that you are responsible for any applicable local sales tax, value-added tax, or other governmental charges associated with your purchases.

Prices for Services and Products offered through the Platforms are subject to change at any time. Spot’s Club does not provide price protection, credits, or refunds in the event of subsequent price reductions or promotional offerings. To ensure continuity of your subscription benefits, if your payment method expires and you do not update your payment information or cancel your subscription, you authorize Spot’s Club to continue billing the payment method on file, including updating expiration dates as necessary, until notified by you or your financial institution that the payment method is no longer valid. Spot’s Club encourages you to promptly update your payment method or cancel your account if you wish to discontinue your subscription.

Spot’s Club utilizes one or more third-party payment processors to securely store and process your payment information. By providing your payment information, you grant Spot’s Club the right to store and transmit such information to the designated third-party processor(s), which may be changed from time to time. Spot’s Club is not responsible for any failure by a third-party payment processor to adequately protect your payment information. All financial transactions processed through third-party providers are subject to the applicable third-party processor’s terms of service and privacy policies, including any updates thereto. Spot’s Club may, in its sole discretion, transfer your payment information to other third-party providers that employ secure encryption methods, including Secure Socket Layer (SSL) or comparable technology, to ensure the security of your information.

9. Shipping and Risk of Loss

Unless otherwise indicated at the time of purchase, all orders include applicable shipping and handling fees. All shipping dates, delivery estimates, and arrival times provided by Spot’s Club or its third-party carriers are approximate and are not guaranteed. Spot’s Club shall not be liable for any delays in delivery caused by carriers, weather, force majeure events, or other circumstances beyond Spot’s Club’s reasonable control.

If you believe that all or part of your order is missing or has been damaged during shipment, you must notify Spot’s Club within thirty (30) days of the date of purchase. Spot’s Club will review all loss or damage claims and may conduct an investigation, which may include contacting the carrier or requesting documentation related to the delivery.

Replacement of Products or account credits for merchandise claimed as missing or damaged are subject to Spot’s Club’s sole discretion. Spot’s Club reserves the right to deny claims that it reasonably determines to be fraudulent, incomplete, or otherwise unsubstantiated. Repeated claims of non-receipt or damaged merchandise may result in the suspension or termination of your subscription or membership.

10. International Access

The Platforms may be accessed from locations outside of the United States. However, the Platforms, Services, and Products offered through the Platforms are intended for use within the United States and its territories. References to Products, Services, or content available on the Platforms do not constitute a representation or warranty that such Products or Services will be made available or shipped to locations outside the United States.

If you access or use the Platforms from a location outside the United States, you do so at your own risk and are solely responsible for ensuring compliance with all applicable local laws, regulations, and import/export requirements. Spot’s Club makes no representation that the content, Services, or Products on the Platforms are appropriate, legal, or available for use in locations outside the United States.

11. Order and Subscription Cancellations

You may cancel your ongoing subscription at any time by accessing your account on the Platforms or by contacting Spot’s Club customer support. To ensure that your cancellation is effective for the next subscription period, you must submit your cancellation request by the first day of the calendar month immediately following the end of your then-current subscription period.

Your subscription is continuous until you cancel. If you cancel your subscription before the end of an active subscription period, you remain responsible for all fees due for the remainder of that subscription period, and Spot’s Club will continue to charge you accordingly.

Unless canceled in accordance with these Terms, your subscription will automatically renew at the end of each subscription period for an additional subscription period of equal duration, at the then-current subscription rate. Cancellation requests received after the first day of the calendar month following a subscription period will be applied to the subsequent subscription period.

Spot’s Club reserves the right, in its sole discretion and without prior notice, to suspend or terminate your subscription or membership for any reason, including but not limited to: (a) conduct that violates these Terms of Service or any applicable Spot’s Club policies; (b) activity that Spot’s Club reasonably determines to be harmful to its business interests; or (c) an account that has been inactive for a prolonged period.

12. Content Submitted by Users

a. Submitted Content
Certain Spot’s Club Platforms and Services may allow users to submit, upload, post, display, or share information, text, files, data, images, graphics, photographs, audio or video clips, musical works, applications, links, or other content or materials (collectively, “User Content”) with other users or the general public. You are solely responsible for all User Content that you submit, use, display, or share on or through the Platforms. You must not submit any User Content that you do not have the right to use, copy, or distribute for the purpose of your use of the Platforms.

b. Ownership of User Content; License Grant
Spot’s Club does not claim ownership of your User Content. By submitting User Content to the Platforms or Services, you grant Spot’s Club a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to copy, store, transmit, display, and distribute such User Content, and to make it available to other users in connection with your use of the Platforms and Services. This license includes the right to use User Content online (including web, mobile, and email) and in print, film, or broadcast media, and remains in effect until the User Content is deleted from Spot’s Club systems. When you make User Content available through the Platforms or Services, you also grant other users a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to access and use such User Content in accordance with these Terms of Service.

c. User Representations and Warranties
By submitting User Content, you represent and warrant that:

  1. You own the User Content or otherwise have all rights necessary to grant the licenses set forth herein;
  2. Your User Content does not infringe, misappropriate, or violate any rights of third parties, including without limitation privacy rights, publicity rights, copyrights, trademarks, or other intellectual property rights;
  3. Your User Content does not contain unlawful, libelous, obscene, abusive, or otherwise objectionable material;
  4. You are responsible for any royalties, fees, or other payments owed in connection with your User Content;
  5. Spot’s Club may use your User Content as permitted herein without any obligation of attribution, compensation, or confidentiality; and
  6. You have the legal capacity and authority to enter into these Terms of Service in your jurisdiction.

d. Required Disclosures; Legal Compliance
You acknowledge and agree that Spot’s Club may store, preserve, or disclose your User Content and other information if required to do so by law or if Spot’s Club reasonably believes that such preservation or disclosure is necessary to:

  1. Comply with legal process or applicable law;
  2. Enforce these Terms of Service;
  3. Respond to claims that User Content violates the rights of third parties; or
  4. Protect the rights, property, or personal safety of Spot’s Club, its employees, agents, users, or the public.

e. Accuracy of Information
If you provide information to register for a service, event, or promotion, or to participate in the Platforms or Services, you agree to provide accurate, complete, and up-to-date information.

f. Liability for User Content
Spot’s Club is not responsible or liable for the conduct, statements, or opinions of users or for any User Content posted, uploaded, or submitted by users, including in online discussion forums or chat rooms. Spot’s Club does not prescreen such content and acts only as a passive conduit for distribution. You are solely responsible for ensuring that your User Content does not violate any third-party intellectual property rights or applicable law. You will be solely liable for any damages, claims, or losses arising from your User Content.

g. Monitoring and Removal
Spot’s Club has the right, but not the obligation, to monitor User Content on the Platforms. Spot’s Club may, in its sole discretion, edit or remove any User Content that it deems to violate these Terms of Service, to be objectionable, or for any other reason. You remain solely responsible for the User Content you post.

h. Lobbying and Legal Compliance
You acknowledge that certain User Content may be subject to lobbying restrictions under applicable law. Spot’s Club does not engage in lobbying through User Content; however, you are responsible for complying with any applicable lobbying or legal restrictions in connection with the User Content you submit.

13. Prohibited Content

By accessing or using the Platforms, including any chat room, online discussion forum, or other interactive service, you agree to comply with the following standards of conduct. You further agree that you will not, and will not assist, authorize, or facilitate any third party to, use the Platforms to:

  1. Transmit, post, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined in Spot’s Club’s sole discretion;
  2. Use a username, display name, or language that Spot’s Club deems offensive;
  3. Post statements that are defamatory, libelous, or otherwise injurious to any person or entity;
  4. Post Content that is hateful or racially, ethnically, or otherwise objectionable;
  5. Post Content that infringes, misappropriates, or violates any copyright, trademark, trade secret, or other intellectual property right of a third party;
  6. Transmit unsolicited advertising, promotional materials, or solicitations in violation of applicable law or these Terms;
  7. Harass, threaten, or intentionally embarrass or cause distress to any person or entity;
  8. Impersonate any person or entity, including without limitation Spot’s Club representatives;
  9. Promote, solicit, or participate in any multi-level marketing, pyramid scheme, or similar program;
  10. Exploit or endanger children under the age of 18;
  11. Engage in disruptive behavior, including sending multiple messages to monopolize or interfere with a forum or chat room;
  12. Introduce or transmit viruses, worms, Trojan horses, or other harmful code, files, or programs designed to damage, disrupt, or compromise the operation of the Platforms;
  13. Attempt to gain unauthorized access to any computer system, network, or data through the Platforms;
  14. Infringe upon the privacy of any person, including posting personally identifiable or private information without the consent of the individual (or, in the case of a child under 13, without parental consent);
  15. Solicit personally identifiable information from children under the age of 13;
  16. Violate any applicable federal, state, local, or international law, rule, or regulation; and
  17. Encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.

Spot’s Club reserves the right, in its sole discretion, to investigate any suspected violations of these standards, to remove or restrict access to Content, and to suspend or terminate accounts for violations of these Terms of Service or other Spot’s Club policies.

14. Minors

The Platforms and Services are intended for use only by individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into binding contracts under applicable law. By accessing or using the Platforms or Services, you represent and warrant that you meet these requirements.

Individuals under the age of eighteen (18) may access or use the Platforms or Services only under the supervision of a parent or legal guardian. In such cases, the parent or legal guardian is the account holder, user, and subscriber, and is fully responsible for all activities, subscriptions, purchases, and other actions taken in connection with the Platforms or Services.

Spot’s Club reserves the right to refuse access, terminate accounts, or restrict Services if it determines, in its sole discretion, that a user does not meet the eligibility requirements set forth herein.

15. Intellectual Property Rights

a. Ownership of Spot’s Club Content
Unless otherwise indicated, all content on the Platforms, including without limitation information, text, graphics, images, audio, video, data, links, software, and other materials not submitted by you (“Spot’s Club Content”), is the exclusive property of Spot’s Club and/or its affiliates or licensors, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Product names may be trademarks or registered trademarks of their respective owners.

b. License to Use Spot’s Club Content
Subject to your compliance with these Terms of Service, Spot’s Club grants you a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable right to access and use the Platforms, Services, and Spot’s Club Content solely for your personal, non-commercial use. All other rights are reserved by Spot’s Club and its licensors.

c. Proprietary Markings; Restrictions
You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included with Spot’s Club Content. You may not reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, transmit, broadcast, sell, license, or otherwise exploit Spot’s Club Content, except as expressly permitted under these Terms or with the prior written consent of Spot’s Club or the applicable third-party rights holder.

Nothing on the Platforms or in the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Spot’s Club Content, Services, Platforms, or trademarks through framing or other means, except:

  1. As expressly permitted by these Terms of Service; or
  2. With the prior written permission of Spot’s Club or the applicable third-party owner of trademarks or copyright-protected materials displayed on the Platforms.

Spot’s Club service marks and trademarks, including without limitation the name and logos of Spot’s Club and its Services, are the property of Spot’s Club. All other trademarks, service marks, logos, or trade names appearing on the Platforms are the property of their respective owners. You may not use any of these marks, logos, or trade names without the prior written consent of the owner.

d. Viewing, Copying, and Printing Content
You may view, download, copy, and print Spot’s Club Content made available through the Platforms or Services solely for internal, personal, non-commercial use in compliance with applicable laws. You may not resell, redistribute, publicly display, perform, or otherwise use Spot’s Club Content for the benefit of any third party, or modify, adapt, or create derivative works from Spot’s Club Content, except as expressly permitted by Spot’s Club on a case-by-case basis.

e. User-Submitted Content
Spot’s Club does not claim ownership of Content submitted by users, provided that such Content is submitted without expectation of compensation from Spot’s Club and with the understanding that it may be made publicly accessible through the Platforms. By submitting such Content, you grant Spot’s Club a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content, which license shall remain in effect until the Content is deleted from Spot’s Club systems.

16. Copyright Infringement; Notice and Take Down Procedures

Spot’s Club respects the intellectual property rights of others and expects all users of the Platforms to do the same. If you believe that your work has been copied, posted, or otherwise used on the Platforms in a manner that constitutes copyright infringement under U.S. copyright law, you may submit a notice to Spot’s Club’s designated Copyright Agent pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Your notice must include the following information:

  1. Your full name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the material that you believe is infringing and its location on the Platforms;
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. Your electronic or physical signature, or the signature of a person authorized to act on behalf of the copyright owner; and
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Spot’s Club Copyright Agent Contact:
Spot’s Club
Email: spotsclubvip@gmail.com

In accordance with the DMCA, Spot’s Club has adopted and implements a policy that, in appropriate circumstances, terminates the accounts of users who are determined to be repeat infringers. Spot’s Club reserves the right to remove or disable access to allegedly infringing material in its sole discretion.

17. Security

When you register to access or use Spot’s Club Platforms or Services, you may be required to create a login identifier and password (“Login Credentials”). You are solely responsible for maintaining the confidentiality and security of your Login Credentials and for all activities that occur under your account, including without limitation any financial obligations incurred through the use of your account.

You agree to immediately notify Spot’s Club if you become aware of any unauthorized use, or suspected unauthorized use, of your Login Credentials or account. Spot’s Club may take any actions it deems appropriate in response to such notification, including suspending or terminating your account.

Spot’s Club is not responsible for any losses, damages, or liabilities arising from your failure to safeguard your Login Credentials or from any unauthorized access to your account. You acknowledge that you are solely responsible for all activity that occurs under your Login Credentials, whether or not such activity is authorized by you.

18. Disclaimer of Warranty

a. Product Use; Responsibility
You are solely responsible for determining whether any Products offered through the Platforms are suitable for use or consumption by your dog. Spot’s Club makes no representations or warranties regarding potential allergies, dietary restrictions, or other health concerns.

b. Exclusive Remedy
To the fullest extent permitted by applicable law, Spot’s Club’s sole and exclusive remedy for any claim relating to any Product supplied through the Platforms or Services shall be, at Spot’s Club’s sole discretion, the replacement of the Product or a credit toward a future monthly shipment.

c. No Warranties; “As-Is”
Except as expressly provided herein, all Products, Platforms, Services, Content, and other information available on or through the Platforms are provided “AS IS” and “AS AVAILABLE”. Spot’s Club, its affiliates, and licensors make no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, or non-infringement.

Without limiting the foregoing, Spot’s Club does not warrant that:

  1. The information, text, images, or other Content available on the Platforms is timely, accurate, complete, reliable, or error-free;
  2. Products or Services are free from defects;
  3. The Platforms, Services, functions, information, materials, or Products available through the Platforms will meet your requirements or expectations;
  4. The operation of the Platforms or Services (including mechanisms for downloading or uploading Content) will be uninterrupted, secure, or error-free;
  5. Defects or errors will be corrected; or
  6. The Platforms, servers, or other infrastructure used to make the Platforms available are free of viruses, malware, or other harmful components.

d. Limitation of Liability
To the maximum extent permitted by law, in no event shall Spot’s Club, its affiliates, licensors, officers, directors, employees, agents, or representatives be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platforms, Services, Products, or Content, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, even if Spot’s Club has been advised of the possibility of such damages.

19. Limitation of Liability

a. Exclusion of Certain Damages
To the fullest extent permitted by applicable law, in no event shall Spot’s Club, its affiliates, officers, directors, employees, or agents be liable, whether in contract, indemnification, tort (including negligence), statutory duty, pre-contract representations, or otherwise, for any:

  1. Economic losses, including but not limited to loss of revenue, profits, contracts, substitute goods or services, business, goodwill, or anticipated savings; or
  2. Direct, indirect, special, incidental, consequential, exemplary, or punitive damages, arising from or related to:
    • (i) Any breach of these Terms of Service;
    • (ii) Your use of, or inability to use, the Platforms, Services, Content, materials, information, functions, or Products available through the Platforms;
    • (iii) Your provision of information via the Platforms;
    • (iv) Any inaccuracy, omission, or errors in information provided on the Platforms;
    • (v) Any Content posted, transmitted, exchanged, or received by or on behalf of any user or other person via the Platforms; or
    • (vi) Lost business or sales, even if Spot’s Club has been advised of the possibility of such damages.

b. Cap on Liability
You agree that Spot’s Club’s total cumulative liability in connection with these Terms of Service, the Platforms, the Services, any Content, or any Product or Service, whether in contract, tort, or otherwise, shall not exceed the amount you paid to Spot’s Club in the calendar month immediately preceding the event giving rise to the claim.

20. Indemnification

By accessing or using the Platforms, Services, or Products, you agree to indemnify, defend, and hold harmless Spot’s Club, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and other legal costs, arising out of or relating to:

  1. Your use of or access to the Platforms, Services, or Products;
  2. Your submission of any User Content or other information via the Platforms;
  3. Any violation of these Terms of Service or applicable law by you; or
  4. Any third-party claim arising from or relating to your account or use of the Platforms by any person accessing the Platforms using your Login Credentials.

This indemnification obligation will survive the termination or expiration of your access to the Platforms or Services.

21. Exclusions

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other types of damages. As a result, some of the disclaimers, exclusions, and limitations of liability set forth in these Terms of Service may not apply to you. To the extent that any provision of these Terms of Service is found to be invalid, unenforceable, or prohibited under applicable law, that provision shall be ineffective only to the extent of such prohibition or unenforceability, without invalidating the remaining provisions of these Terms of Service.

22. Links to Third-Party Websites

The Platforms may contain links to third-party websites or resources provided solely for your convenience. Accessing any third-party website from the Platforms is at your own risk. Spot’s Club has no control over, and is not responsible for, the content, accuracy, legality, or any other aspect of third-party websites or resources, including any loss or damages that may result from your use of, or dealings with, any third party or third-party website.

References or links to third-party products, services, or websites do not constitute an endorsement, approval, or sponsorship by Spot’s Club of such third parties or their products or services. Spot’s Club does not warrant, guarantee, or assume responsibility for any product or service offered by a third party through any online discussion forum, chat room, or other portion of the Platforms, and is not a party to, or responsible for monitoring, any transactions or communications between you and any third party.

You acknowledge and agree that you are solely responsible for exercising sound judgment and appropriate caution when interacting with third parties, purchasing products or services, or relying on information obtained through third-party websites.

23. Termination

Spot’s Club reserves the right, in its sole discretion, to terminate or suspend your access to the Platforms, Services, or any portion thereof, including access to any online discussion forum, chat room, or other interactive service, for any reason and at any time, with or without prior notice.

Termination may occur, without limitation, if Spot’s Club determines that you have violated these Terms of Service or any other policies or guidelines established by Spot’s Club. You acknowledge and agree that Spot’s Club shall not be liable to you or any third party for any termination or suspension of access to the Platforms or Services.

You may terminate your account at any time through the account page on the Platform applicable to the Service, or by following any alternative procedures provided on the Platform as updated from time to time. Spot’s Club is not obligated to provide a refund for any amounts previously paid.

Upon termination of your account, all license rights granted by you to Spot’s Club under these Terms of Service shall survive termination. Even after your access to the Platforms or Services has been terminated or suspended, these Terms of Service shall remain fully enforceable against you.

24. Enforcement - Agreement to Arbitrate

a. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any principles of conflicts of law.

b. Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service, the Platforms, the Services, or any Products, shall be resolved exclusively through binding arbitration in English, conducted in New York, NY, U.S.A., under the commercial arbitration rules of the American Arbitration Association. The arbitrator shall be a retired judge who has presided in the State of New York.

The parties shall share the costs of arbitration equally, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees as determined by the arbitrator. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Spot’s Club may seek injunctive relief or other equitable remedies in federal or state courts located in New York or any court of competent jurisdiction.

c. Limitations on Remedies
The arbitrator is not authorized to award punitive, multiple, or exemplary damages, and any such award shall be void and unenforceable.

d. Waiver of Jury Trial and Class Action Rights
By agreeing to these Terms of Service, you waive your right to a jury trial and your right to have a court hear any claim arising in connection with these Terms. All claims must be brought on an individual basis only. Neither you nor Spot’s Club may participate in a class action or class-wide arbitration, and you waive any right to pursue claims as a plaintiff or class member in any purported class or representative proceeding.

e. Opt-Out of Arbitration
You may opt out of this arbitration agreement. To do so, you must notify Spot’s Club in writing within thirty (30) days of first accepting these Terms of Service containing this arbitration provision. Your notice must include:

  1. Your name, address, and phone number;
  2. Your Spot’s Club account information to which the opt-out applies;
  3. A clear statement that you want to opt out of the arbitration agreement; and
  4. Your signature.

This procedure is the only way to opt out of the arbitration agreement. Opt-out notices must be sent to:

Spot’s Club

Notwithstanding any other provision of these Terms of Service, you and Spot’s Club agree that:

  1. Changes to Arbitration Procedures – If Spot’s Club modifies the arbitration procedures set forth in these Terms of Service (other than changes to notice addresses or website links), such changes will not apply to any claim that was filed in a legal proceeding against Spot’s Club prior to the effective date of the modification.
  2. Termination of Arbitration Procedures – If Spot’s Club elects to remove the arbitration provisions from these Terms of Service, such removal will not take effect until thirty (30) days after the updated Terms of Service are posted on the Platforms. The removal will also not apply to any claim filed in a legal proceeding against Spot’s Club prior to the effective date of removal.
  3. Survival – The arbitration provisions set forth in this section shall survive the termination of your relationship with Spot’s Club, including termination of your account, subscription, or access to the Platforms or Services.

25. Severability

To the extent you are located in the United States, if any provision of these Terms of Service is prohibited or unenforceable under applicable law or regulation, that provision shall be ineffective only to the extent of such prohibition and shall not invalidate or render unenforceable any other provision of these Terms of Service. Any part of these Terms of Service that is found to be unlawful, void, or unenforceable shall be deemed severable, and the remaining provisions shall remain in full force and effect between you and Spot’s Club.

26. Entire Agreement

These Terms of Service constitute the entire agreement between you and Spot’s Club regarding your access to and use of the Platforms, Services, and Products, and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written, relating to the same subject matter.

Spot’s Club may, at its sole discretion and without prior notice, revise or update these Terms of Service at any time by posting the updated version on the Platforms. Your continued use of the Platforms, Services, or Products after such posting constitutes your acceptance of the revised Terms of Service.

For Additional Information

If you have any questions about these Terms of Service, please contact spotsclubvip@gmail.com