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Petco Spa Club Membership Program Terms & Conditions (NEW)

Petco Spa Club Membership Program
Terms & Conditions

Last Updated: March 4, 2021

These Petco Spa Club Membership Program Terms & Conditions (the “Spa Club Terms” or “Agreement”), entered into between you and Petco Animal Supplies Stores, Inc. and its subsidiaries, divisions, and affiliates (collectively, ”Petco,” “Company,” “we,” or ”us”), govern the Petco Spa Club Membership Program (“Spa Club Membership”) and our respective rights and obligations. By participating or enrolling in the Spa Club Membership, you agree to the provisions of this Agreement (as may be modified by Petco from time to time), the Terms of Use, the Privacy Policy, and the Pals Rewards Terms and Conditions.

PLEASE NOTE: THE SPA CLUB TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH PETCO ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ IT CAREFULLY.

1. Membership Offer & Benefits

The Spa Club Membership is a program in the United States for dog and cat owners to earn a free full-service bath or bath with haircut for their dog and/or cat when they purchase and accumulate seven (7) qualifying full-service baths or baths with haircut, as detailed below:

  • a. To enroll in the Spa Club Membership, you must first download the Petco mobile application (the “App”), and you must be a member of the Pals Rewards Program. After these steps, you may activate your Spa Club Membership via the App by: (i) clicking the “Services” icon at the bottom of the App; (ii) then clicking the “Grooming” icon on the next screen in the App; (iii) then clicking the “Tap to Unlock Your Punch Card” icon on the next screen in the App. You will then receive a virtual “Spa Club Punch Card” in the App to keep track of any “punch” earned through the purchase of a full-service bath or bath with haircut at participating Petco Grooming Salon locations (see Section 3 below).
  • b. One (1) punch will be earned under the Spa Club Punch Card when you purchase a full-service bath or bath with haircut under your Pals Rewards account following the receipt of the virtual Spa Club Punch Card.
  • c. After purchasing and accumulating seven (7) punches under a Spa Club Punch Card, you will earn one (1) free full-service bath or bath with haircut for your dog or cat. Your one (1) free full-service bath or bath with haircut must be used within ninety (90) days of the date it is issued.
  • d. After your use of the free full-service bath or bath with haircut earned under the Spa Club Punch Card, you will receive a new Spa Club Punch Card that will reset the total number of the punches earned to zero (0). You will continue to earn punches towards a free full-service bath or bath with haircut based on the terms and the rules described in these Spa Club Terms.
  • e. Petco may, at its sole discretion, include additional promotional offers from time to time in the form of “Mystery Offers” available on the Spa Club Punch Card.

2. Conditions

The free full-service bath or bath with haircut earned through the Spa Club Membership cannot be shared with other customers or other entities.

  • a. The purchase of full-service baths or baths with haircut for multiple pets can contribute to the same Spa Club Punch Card.
  • b. Free or discounted baths or grooms offered through coupons or other promotional documents do not count as “punches” under the Spa Club Punch Card unless specifically stated in writing on the coupon or the promotional document.
  • c. Spa Club Membership cannot be combined with other grooming offers or promotional items from Petco. Your one (1) free full-service bath or bath with haircut must be used within ninety (90) days of the date it is issued.
  • d. If you enroll in the Spa Club Membership after recently completing a full-service bath or bath with haircut, you may be eligible for up to seven (7) credits to your Spa Club Punch Card. Up to a maximum of seven (7) full-service baths or baths with haircut that you purchased within the ninety (90) day period up to the date of your enrollment in the Spa Club Membership pursuant to Section 1(a) will be automatically loaded as a “punch” on your new Spa Club Punch Card, so long as you were a Pals Rewards member at the time of the purchases.
  • e. Your Pals Rewards Program membership must be active and in good standing to earn or redeem any benefit.

3. Locations

Search stores.petco.com by specific store to see updated Petco Grooming Salon information and hours/schedules. Participating Petco stores are subject to change at any time.

4. Taxes

We will collect applicable taxes on the Membership for which we determine we have a duty to collect such taxes.

5. Spa Club Membership Changes or Cancellation

Petco reserves the right to cancel or modify the Spa Club Membership and/or this Agreement at any time, including, without limitation, to modify the benefits and/or to change the benefit fulfillment processes, without prior notice. If you do not agree with the modification, you may cancel your Spa Club Membership by calling customer service (877) 738-6742 or by email at MobileAppCustomerService@petco.com. Your membership will remain active until you cancel your Spa Club Membership or Pals Reward Program membership.

6. Termination by Petco

We reserve the right to revoke or cancel your Spa Club Membership for any reason at any time, including as a result of violation of this Agreement or violation of any other applicable terms and conditions including the Petco Terms of Use, Privacy Policy, and Pals Rewards Terms & Conditions, without notice and without any liability.

7. Ownership

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") from the Site, the App, or associated with the Spa Club Membership, are owned, controlled or licensed by Petco, one of its affiliates or by third parties who have licensed their materials to Petco and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site or the App for your personal, non-commercial use only; provided, however, that you: (1) do not modify or alter any copyright, trademark or other proprietary designations contained on any IP; and (2) do not provide or make available the IP to any third party in a commercial manner. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or the App, or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site, the App, or any related software.

8. International Use

We control and operate the Spa Club Membership from our offices in the United States. We do not represent that Spa Club Membership materials on the App are appropriate or available for use outside the United States. Those who choose to access the App or Spa Club Membership from outside the United States do so voluntarily and are responsible with their local laws.

9. Indemnity

To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold Petco and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners, harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Spa Club Membership or your violation of this Agreement. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, CONTRACT, WARRANTY, STATUTE OR OTHERWISE, SHALL PETCO OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE SPA CLUB MEMBERSHIP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, OR ACCURACY OF RESULTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PETCO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PETCO’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID PETCO IN THE PRIOR 12 MONTHS.

THE SPA CLUB MEMBERSHIP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PETCO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Mandatory Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO PETCO, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

Pre-Dispute Resolution Process: Should you and Petco have a Dispute (as defined below), Petco is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and Petco, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.

For your Disputes with Petco, you must first send your name, address, telephone number, email address, and sufficient information for Petco to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: arbitration@petco.com. You and Petco agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and Petco. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after Petco’s receipt of the written description detailed above, you and Petco agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above.

Arbitration: You and Petco agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Spa Club Terms, and which arise after the termination of this agreement. Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a court to decide.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND PETCO ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

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 THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH YOU AND PETCO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.

Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the "JAMS Rules") as modified by this arbitration agreement. The JAMS Rules, including instructions for bringing arbitration, are available on its website at www.jamsadr.com/rules-streamlined-arbitration. If JAMS is unable to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written and applying the selected arbitration organization’s consumer rules.

Petco will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Petco will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay their own attorneys' fees, costs, and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules. The arbitrator may consider whether a party had previously offered full relief to the other party or whether the proceeding is part of multiple case filings.

The arbitration may be conducted by telephone, based on written submissions, or in person at a mutually agreed-upon location convenient for you. You agree to appear at an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented.

As referenced above, this dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of these Spa Club Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which Petco has notice or pending arbitration proceeding.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PETCO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OPT-OUT OF AGREEMENT TO ARBITRATE: Petco’s updates to these Spa Club Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed and did not validly opt out of arbitration. Petco will continue to honor any valid opt outs if you previously opted out of arbitration with Petco. To opt out of arbitration, you must send a notice via U.S. Mail to Petco at: Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, or via email to arbitration@petco.com, and you must provide the following information: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than thirty (30) days after the date you first become subject to this arbitration agreement. If you opt out of this agreement to arbitrate, all other provisions of these Spa Club Terms will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may have entered into with Petco or may enter into in the future with Petco.

12. Choice of Law/Forum Selection

This Agreement will be governed in accordance with the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply. To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and Petco hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Southern District of California for the adjudication or disposition of any claim, action or dispute arising out of the Spa Club Membership or this Agreement. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 11.

13. Waiver

The failure of Petco to partially or fully exercise any rights or the waiver of Petco of any breach of this Agreement by you shall not prevent a subsequent exercise of such right by Petco or be deemed a waiver by Petco of any subsequent breach by you of the same or any other term in this Agreement. The rights and remedies of Petco under this Agreement and any other applicable agreement between you and Petco shall be cumulative, and the exercise of any such right or remedy shall not limit any of Petco’s other rights or provisions. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation except as expressly set forth in this Agreement and you agree that you shall have no remedy with respect to any such representation not included in this Agreement.

14. Severability

Except as provided in Section 11, each provision of this Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.

15. Survival

The provisions relating to Ownership, Indemnity, Limitation of Liability, Mandatory Dispute Resolution, and Choice of Law/Forum Section shall survive any termination of this Agreement.

16. General Disclaimers

Excluding any content that may be submitted by Site or App users from time to time, we strive to ensure that the Spa Club Membership information on the Site or App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability or notice. We do not guarantee that all products or services described on our Site, App, or the Spa Club Membership will be available.