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Petco Spa Club Membership Program Terms & Conditions

Petco Spa Club Membership Program Terms & Conditions

These Petco Spa Club Membership Program Terms & Conditions (this "Agreement"), entered into between you and Petco Animal Supplies, Inc. and its subsidiaries and affiliates (collectively, "Petco", "we" or "us"), govern the Petco Spa Club Membership Program ("Spa Club Membership") and our respective rights and obligations. By participating in the Spa Club Membership, you agree to abide by and be bound to the provisions of this Agreement (as may be modified by Petco from time to time). Additionally, your access and use of the Petco.com website (the "Site"), the Petco mobile application (the "App"), the Membership, the Pals Rewards Program, and/or any services rendered by Petco, and/or any Petco Grooming Salons are also governed by the Petco Terms of Use, Privacy Policy, Pals Rewards Terms and Conditions as well as all other applicable terms, conditions, limitations, and requirements on the App, all of which (as modified by Petco from time to time) are incorporated into this Agreement by reference.

  1. Membership Offer & Benefits. The Spa Club Membership is a program in the United States for dog and cat owners to earn free full-service bath or bath with haircut for their dog and/or cat when dog and cat owners purchase and accumulate a set number of full-service bath or bath with haircut, as detailed below:

    1. Spa Club Membership is enrolled and activated through your App by: (i) first clicking the "Services" icon at the bottom of the App; (ii) then followed by clicking the "IN-STORE Grooming" icon on the next screen in the App; (iii) then followed by clicking the "Tap to Unlock Your Punch Card" icon on the next screen in the App. Upon the activation of your Spa Club Membership through the aforementioned link, you will receive a virtual "Spa Club Punch Card" in the App to keep track of any "punch" earned through the purchase of full-service bath or bath with haircut at participating Petco Grooming Salons locations (see Section 3 below).

    2. 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 Reward account following activation.

    3. After the purchase of seven (7) completed full-service bath or bath with haircut and the earning of 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.

    4. 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 punch earned to zero (0). You will continue to earn the discount and the free full-service bath or bath with haircut based on the terms and the rules described under subsection (c) and (d) above.

    5. Petco may, at its sole discretion, include additional promotional offers from time to time for in the form of "Mystery Offers" available on the Spa Club Punch Card.

  2. Conditions

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

    2. The purchase of full-service bath or bath with haircut for multiple pets can contribute to the same Spa Club Punch Card.

    3. 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.

    4. Spa Club Membership cannot be combined with other grooming offers or promotional items from Petco.

    5. Each full-service bath or bath with haircut purchased, not to exceed quantity of seven (7), within the ninety (90) day period up to the date of your enrollment and activation of your Membership pursuant to Section 1(a) above will be counted a valid "punch" under your membership, and will be automatically loaded as a "punch" to your new Spa Club Punch Card.

    6. For any Spa Club Membership benefit to apply, your Pals Reward membership or account must be active and in good standing at the time of purchase and the redeeming of any benefit. Punch under the Spa Club Punch Card cannot be retroactively earned for purchases made without an active and available Pals Reward membership or account at the time of purchase.

  3. Locations. Search by specific store to see updated Petco Grooming Salon information and hours/schedule as applicable here: https://stores.petco.com/. Participating Petco stores 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 Change or Cancellation. Petco reserves the right to cancel or modify the Spa Club Membership and/or any of these Membership terms at any time, including, without limitation, to modify benefits and/or to change benefit fulfillment processes, without notice and without your consent. If you do not agree with the modification, you may cancel your Spa Club Membership at any time as set forth below.

  6. Cancellation. Your Membership will be active until you cancel your Spa Club Membership or Pals Reward membership. You may cancel your Spa Club Membership by reaching out to customer service by telephone at 877-738-6742 or by email at MobileAppCustomerService@petco.com.

  7. 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 found on the App, the Petco Terms of Use, Privacy Policy, Pals Rewards Terms and Conditions, with or without notice and without any liability.

  8. 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, and associated with the 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.

  9. International Use. We control and operate the App and the Spa Club Membership Program from the United States. We make no representation that materials on the App are appropriate or available for use outside the United States. If you choose to access the App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  10. Indemnity. You agree to indemnify, hold harmless, and defend Petco, its parents, vendors, subsidiaries, divisions and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys' fees, in any way arising from or related to your access and use of the App and the Spa Club Membership or your violation of this Agreement, any applicable law or the rights of any third party.

  11. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY 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, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, THE APP, OR 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. SUBJECT TO THE FOREGOING, IN NO EVENT WILL PETCO BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR YOUR MEMBERSHIP DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

  12. Dispute Resolution. If a dispute should arise between you and Petco, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by calling 877-738-6742 or emailing MobileAppCustomerService@petco.com. If your dispute cannot be resolved using our customer service team, the following terms under the Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver describe how we will proceed with the resolution of the dispute.

  13. Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver. 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 BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Petco or Petco's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Petco may take claims to small claims court if the dispute 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.

    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.

    Arbitration shall be subject to the U.S. 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 effective July 1, 2014 (the "JAMS Rules") and as modified by this Agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. You and Petco must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) 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; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by applicable law. If, for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the state or U.S. federal court in California.

    OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by sending a notice via U.S. Mail to Petco at Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver provision for the Membership, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than 30 days after the date you first accept the terms of this Agreement by signing up for the Membership.

  14. Choice of Law/Forum Selection. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.

  15. 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.

  16. Severability. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision will be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Petco, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions in this Agreement.

  17. Survival: Provisions in this Agreement that are meant to survive any expiration or termination of this Agreement will survive beyond any such expiration or termination, including, without limitation, Limitation of Liability, Choice of Law/Forum Selection, Dispute Resolution, and the Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver.

  18. General Disclaimers. Excluding any content that may be submitted by Site or App users from time to time, we strive to ensure that the 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 Membership will be available.

  19. Entire Agreement. This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the sections.