Terms of Use

Last Updated:  February 5, 2024

Introduction

These Terms of Use govern your use of the Dogtopia website (this “website”); by using this website in any fashion, including creating an account, logging in, reserving a spot, scheduling a Meet & Greet or any other action you may take on this website even if just browsing and clicking on various pages, you accept these terms and conditions in full.  If you disagree with these terms of use or any part of these terms of use, you must not use this website.

Certain products and services on this website may have additional terms that apply; for example, if you enroll in our customer loyalty program, you also will be subject to the rules that apply to those programs that you will be presented with at the time of enrollment. If these terms of use are inconsistent with terms applicable to a certain product or service, those other terms will control.

BY ACCESSING AND/OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS OF USE SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

THESE TERMS OF USE, AS WELL AS ANY OTHER PRODUCT OR SERVICE SPECIFIC TERMS ON THIS WEBSITE, CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH DOGTOPIA LLC, ITS SUBSIDIARIES, AND ANY OF ITS OWNED OR OPERATED LOCAL STORES (FRANCHISE LOCATIONS) (ALTOGETHER “DOGTOPIA”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THIS WEBSITE.

Privacy Notice

You can access our Privacy Notice at www.dogtopia.com/privacy-notice.

Right to Use Website

Unless otherwise stated, Dogtopia Enterprises, LLC (“Dogtopia”), and/or its subsidiaries, own the rights in the website and material on the website.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

republish material from this website;

sell or rent material from the website;

show any material from the website in public for any purposes but those benefitting Dogtopia;

reproduce, duplicate, copy or otherwise exploit material on this website except for personal copies in furtherance of accessing your services or products through Dogtopia;

edit or otherwise modify any material on the website; or

redistribute material from this website, including video, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed for such purpose as it was made available.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, data scraping, mining, extraction, and/or harvesting) on or in relation to this website.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing.

You must limit your use of the website or services or products offered through this website for the purpose for which it was offered, e.g., logging into your account to see video of your dog during stay, and not attempt to use the services or products for other purposes.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Dogtopia username and password, IP address and traffic information, usage history, and your User Content.

Dogtopia reserves the right (but has no obligation to do so) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate this Acceptable Use provision or any other provision of these terms of use including removing or modifying your User Content, terminating your Dogtopia account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. Restricted Access

Access to certain areas of this website is restricted.  Dogtopia reserves the right to restrict access to certain areas of this website, or indeed this entire website, at Dogtopia discretion.

If Dogtopia provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You should not use the same password on this website that you use on other websites.

Dogtopia may disable your user ID and password in Dogtopia’s sole discretion without notice or explanation.

User Content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or to Dogtopia, for whatever purpose.

You grant to Dogtopia a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Dogtopia the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Dogtopia or a third party (in each case under any applicable law).

You must not submit any user content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Dogtopia. Because you alone are responsible for your User Content (and not  Dogtopia), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use provisions stated above. Dogtopia is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Dogtopia may delete User Content at any time.

Dogtopia reserves the right to edit or remove any material submitted to this website, or stored on Dogtopia servers, or hosted or published upon this website.

Any feedback, communications, or suggestions you provide to Dogtopia will be treated as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Dogtopia to the contrary, you agree that you will not submit any information or ideas that you consider to be confidential or proprietary to Dogtopia.

Each websiite user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.

Notwithstanding Dogtopia’s rights under these terms of use in relation to user content, Dogtopia does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Digital Millennium Copyright Act (“DMCA”) Notice

In the event materials are made available to this website by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on this website.  If you believe any materials on the website infringe a copyright or other intellectual property, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the protected work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Garland Brown

Weiss Brown

6263 North Scottsdale Road, Suite 340

Scottsdale, AZ  85250

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Third Party Sites and Other Users

This website may contain links to, or advertisements for, third party websites, including social media sites. Such websites are not under the control of Dogtopia is not responsible for such websites. If linked, Dogtopia provides such links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the third party websites. When you link to a such website, the applicable service provider’s terms and policies, including privacy and data gathering practices govern your use and linkage to such websites. You should review their practices and make your own decision before proceeding with any transaction with such third party websites.

You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other website users or third party websites.

No Warranties

This website is provided “as is” and “as available” without any representations or warranties, express or implied. Dogtopia makes no representations or warranties in relation to this website or the information and materials provided on this website.

You expressly agree that your use of this website and any information contained therein is at your sole risk.

Without prejudice to the generality of the foregoing paragraph, Dogtopia does not warrant that:

this website or the services or products offered on or through it will be constantly available, or available at all; or

the information on this website is complete, true, accurate, uninterrupted, secure, error-free, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Accordingly, to the extent permitted by applicable law, Dogtopia EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitations of Liability

Dogtopia will not be liable to you (under any theory of law) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any direct loss;

for any indirect, exemplary. Incidental, special, punitive, or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Dogtopia has been expressly advised of the potential loss.

ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD PARTY WEBSITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

DOGTOPIA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH DOGTOPIA OR THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TWENTY-FIVE U.S. DOLLARS ($25) OR (B) AMOUNTS YOU’VE PAID DOGTOPIA IN THE PRIOR SIX (6) MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN ONE (1) YEAR OR IT IS OTHERWISE WAIVED AND TIME-BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Dogtopia has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Dogtopia’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Dogtopia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Dogtopia.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify and hold harmless Dogtopia ((including our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, franchisees, and any other companies under common control with us) and undertake to keep Dogtopia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Dogtopia to a third (3rd) party in settlement of a claim or dispute on the advice of Dogtopia’s legal advisers) incurred or suffered by Dogtopia arising out of (i)  any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use, (ii) your use of this website or our services and products, and (iii) your User Content, or (iii) your violation of these terms of use. Dogtopia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. Dogtopia will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree not to settle any matter without our prior written consent.

Breaches of These Terms of Use

Without prejudice to Dogtopia’s other rights under these terms of use, if you breach these terms of use in any way, Dogtopia may take such action as Dogtopia deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Dogtopia may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of this website from the date of the publication of the revised terms of use on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Dogtopia may transfer, sub-contract or otherwise deal with Dogtopia’s rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms of use, together with our Privacy Policy, constitute the entire agreement between you and Dogtopia in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law & Jurisdiction

These terms of use will be governed by and construed in accordance with Arizona law, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of Phoenix, Arizona.  Notwithstanding this, you agree that Dogtopia shall still be allowed to apply for injunctive remedies in any jurisdiction.

Dogtopia reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.

Communications

When you use our webite, or send emails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For more information, please consult our Privacy Notice and see our page on SMS Terms.